8 - The Act and Regulations

The State plan shall include an assurance that the designated State agency will submit reports in the form and level of detail and at the time required by the Commissioner regarding applicants for, and eligible individuals receiving, services...

The Commissioner shall require that each designated State unit include...

● Information on—

○ Age, gender, race, ethnicity, category of impairment, severity of disability, and whether the individuals are students with disabilities...

(See 29 USC § 721(10) - State plans, Reporting Requirements.)

Data for determination of priority of services under an order of selection. If the designated State unit is operating under an order of selection for services...the State unit must base its priority assignments on—

● A review of the data...to make the eligibility determination; and

● An assessment of additional data, to the extent necessary.

The designated State unit must maintain for each applicant and eligible individual a record of services that includes...

● If an individual has been determined to be an individual with a significant disability or an individual with a most significant disability, documentation supporting that determination.

(See 34 CFR 361.42 - Assessment for determining eligibility and priority for services; 34 CFR 361.47 - Record of Services.)