[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Rules and Regulations]
[Pages 32662-32681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12497]



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Part II





Department of Defense





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32 CFR Part 57



Provision of Early Intervention and Special Education Services to 
Eligible DoD Dependents; Interim Final Rule

  Federal Register / Vol. 69, No. 112 / Thursday, June 10, 2004 / Rules 
and Regulations  

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 57

RIN 0790-AH70


Provision of Early Intervention and Special Education Services to 
Eligible DoD Dependents

AGENCY: Department of Defense.

ACTION: Interim final rule.

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SUMMARY: The Department of Defense (DoD) school systems [DoD Dependents 
Schools (DoDDS) and the Defense Dependents Elementary and Secondary 
Schools (DDESS)] are required by law to provide services and safeguards 
to children with disabilities consistent with the ``Individuals With 
Disabilities Education Act'' IDEA brings the DoDDS and DDESS under a 
single rule codified at 32 CFR part 57. The rule integrates previous 
DoD policy memoranda.

DATES: This rule is effective on June 10, 2004. Comments may be 
received by August 9, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Rebecca Posante, Department of 
Defense, Educational Opportunity Directorate, 1745 Jefferson Davis 
Highway, Suite 302, Arlington, VA 22203-5190, 703-602-4949 x114.

SUPPLEMENTARY INFORMATION: See 20 U.S.C. 927(c) and 10 U.S.C. 2164 (f). 
This final rule updates and amends the DoD implementation of the IDEA 
within the DoD school systems, as follows: Requires the DoD Education 
Activity to report annually on the rate (a) special education students 
participate in system-wide or alternative testing, are (b) disciplined, 
(c) suspended, or (d) expelled; and to compare these rates with 
students who are not disabled; clarifies requirements for three year 
re-evaluation of special education students; requires individualized 
education programs to consider special circumstances in the IEP; 
strengthens the requirement for the school system notice to parents 
about change of placement or refusal for change of placement; 
strengthens the protections for students with a disability when facing 
disciplinary action that might result in suspension or expulsion; 
requires the schools to provide special education in an interim 
alternative educational setting for special education students who have 
been suspended or expelled from school; strengthens requirements for 
documenting behavioral intervention when disciplining special education 
students; clarifies the students who must be treated as students with a 
disability when considering disciplinary action that may result in 
suspension or expulsion; allows the use of paraprofessionals and 
assistants (e.g., Certified Occupational Therapy Assistants, Physical 
Therapy Assistants) to assist in the provision of early intervention 
services and special education; requires the schools to advise students 
of their rights one year prior to the age of majority; sets the age of 
majority for students in the DoDDS as 18, for students in the DDESS as 
the age of majority for the State in which the DDESS is located; 
consolidates the former National Advisory Panel and the Domestic 
Advisory Panel into one and requires the majority of advisory panel 
members be persons with disabilities or the parents of children with 
disabilities.

Executive Order 12866, ``Regulatory Planning and Review'

    It has been determined that 32 CFR part 57 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect to the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)

    It has been certified that this rule does not contain a Federal 
mandate that may result in the expenditure by State, local and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This rule pertains only to the provision of special 
education and early intervention by Department of Defense entities not 
by any other entity.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that this rule does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995.

Federalism (Executive Order 13132)

    It has been certified that this rule does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of government.

List of Subjects in 32 CFR Part 57

    Education of individuals with disabilities; Elementary and 
secondary education; Government employees; Military personnel.

0
Accordingly 32 CFR part 57 is revised as follows:

PART 57--PROVISION OF EARLY INTERVENTION AND SPECIAL EDUCATION 
SERVICES TO ELIGIBLE DOD DEPENDENTS

Sec.
57.1 Purpose.
57.2 Applicability and scope.
57.3 Definitions.
57.4 Policy.
57.5 Responsibilities.
57.6 Procedures.
Appendix A to part 57--Procedures for the Provision of Early 
Intervention Services for Infants and Toddlers With Disabilities and 
Their Families
Appendix B to part 57--Procedures for the Provision of Educational 
Programs and Services for Children With Disabilities, Ages 3 Through 
21 Years, Inclusive
Appendix C to part 57--Procedures for the Provision of Related 
Services by the Military Medical Departments to DoDDS Students on 
IEPs
Appendix D to part 57--The DoD-AP
Appendix E to part 57--DoD-CC on Early Intervention, Special 
Education, and Related Services
Appendix F to part 57--Parent and Student Rights
Appendix G to part 57--Mediation and Hearing Procedures
Appendix H to part 57--Monitoring

    Authority: 20 U.S.C. 921 and 1400.


Sec.  57.1  Purpose.

    This part:
    (a) Implements policy, assigns responsibilities, and prescribes 
procedures under 20 U.S.C. chapter 33 and 20 U.S.C. 921-932, 10 U.S.C. 
2164,

[[Page 32663]]

DoD Directive 1342.6 \1\, DoD Directive 1342.21, DoD Instruction 
1342.26, DoD Directive 1342.13, and DoD Directive 5105.4 for the 
following:
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    \1\ All unclassified DoD Directives, DoD Instructions, and DoD 
Publications mentioned in this part may be obtained via Internet at 
http://www.dticmil/whs/directives.
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    (1) Provision of early intervention services (EIS) to infants and 
toddlers with disabilities (birth through 2 years, inclusive) and their 
families, and special education and related services (hereafter 
referred to as ``special services'') to children with disabilities 
(ages 3 through 21 years, inclusive) entitled to receive special 
services from the Department of Defense in accordance with 10 U.S.C. 
2164, DoD Directive 1342.6, DoD Directive 1342.21, DoD Instruction 
1342.26, DoD Directive 1342.13, and DoD Directive 5105.4.
    (2) Implementation of a comprehensive, multidisciplinary program of 
EIS for infants and toddlers (birth through 2 years, inclusive) with 
disabilities, and their families.
    (3) Provision of a free, appropriate public education (FAPE) 
including special education and related services for children with 
disabilities enrolled in the DoD school systems, as specified in their 
Individualized Educational Programs (IEP).
    (4) Monitoring of DoD programs providing EIS, special education, 
and related services for compliance with this part.
    (5) Establishment of a DoD Advisory Panel (DoD-AP) on Early 
Intervention, Special Education, and Related Services and a DoD 
Coordinating Committee (DoD-CC) on Early Intervention, Special 
Education, and Related Services in accordance with DoD Directive 
5105.4.
    (b) Authorizes implementing instructions, a DoD Manual entitled 
``Standard Operating Procedures for the Provision of Early 
Intervention, Special Education and Related Services,'' consistent with 
DoD 5025.1-M and DoD forms consistent with DoD 8910.1-M, DoD 
Instruction 7750.7, and Hospital Accreditation Standards.


Sec.  57.2  Applicability and scope.

    This part:
    (a) Applies to the Office of the Secretary of Defense, the Military 
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant 
Commands, the Office of the Inspector General of the Department of 
Defense, the Defense Agencies, the DoD Field Activities, and all other 
organizational entities in the Department of Defense (hereafter 
referred to collectively as ``the DoD Components'').
    (b) Applies to infants, toddlers, and children receiving or 
entitled to receive special services from the Department of Defense, 
and their parents.
    (c) Applies to DoD Domestic Dependents Elementary and Secondary 
Schools (DDESS) operated by the Department of Defense within the 
continental United States, Alaska, Hawaii, and territories, 
commonwealths and possessions of the United States (hereafter referred 
to as ``domestic'').
    (d) Applies to DoD Dependents Schools (DoDDS) operated by the 
Department of Defense outside the continental United States and its 
territories, commonwealths and possessions (hereafter referred to as 
``overseas'').
    (e) Does not create any rights or remedies and may not be relied 
upon by any person, organization, or other entity to allege a denial of 
such rights or remedies.


Sec.  57.3  Definitions.

    (a) Age of Majority. The age when a person acquires the rights and 
responsibilities of being an adult. For purposes of this part, a child 
attains majority at age 18.
    (b) Alternate Assessment. A process that measures the performance 
of students with disabilities unable to participate, even with 
accommodations provided, in system-wide assessment.
    (c) Alternative Educational Setting (AES). A temporary setting 
other than the school (e.g., home, installation library) normally 
attended by the student. The interim AES shall:
    (1) Be selected so as to enable the child to continue to progress 
in the general curriculum, although in another setting, and to continue 
to receive those services and modifications, including those described 
in the child's current IEP, that shall enable the child to meet the 
goals set out in that IEP; and
    (2) Include services and modifications to address the behavior that 
resulted in the child being considered or placed in an AES.
    (d) Assessment. The ongoing procedures used by appropriately 
qualified personnel throughout the period of a child's eligibility 
determination to identify the child's unique needs; the family's 
strengths and needs related to development of the child; and the nature 
and extent of early intervention services that are needed by the child 
and the child's family to meet their unique needs.
    (e) Assistive Technology Device. Any item, piece of equipment, or 
product system, whether acquired commercially or off the shelf, 
modified, or customized, that is used to increase, maintain, or improve 
functional capabilities of children with disabilities.
    (f) Assistive Technology Service. Any service that directly assists 
an individual with a disability in the selection, acquisition, or use 
of an assistive technology device. The term includes the following:
    (1) The evaluation of the needs of an individual with a disability, 
including a functional evaluation in the individual's customary 
environment.
    (2) Purchasing, leasing, or otherwise providing for the acquisition 
of assistive technology devices by individuals with disabilities.
    (3) Selecting, designing, fitting, customizing, adapting, applying, 
maintaining, repairing, or replacing assistive technology devices.
    (4) Coordinating and using other therapies, interventions, or 
services with assistive technology devices, such as those associated 
with existing educational and rehabilitative plans and programs.
    (5) Training or technical assistance for an individual with 
disabilities or the family of an individual with disabilities.
    (6) Training or technical assistance for professionals (including 
individuals providing educational rehabilitative services), employers, 
or other individuals who provide services to, employ, or are otherwise 
substantially involved in the major life functions of an individual 
with a disability.
    (g) Attention Deficit Disorder (ADD). As used in this part, 
encompasses attention-deficit hyperactivity disorder (ADHD) and ADD 
without hyperactivity. The essential features of the disorder are 
developmentally inappropriate degrees of inattention, impulsiveness, 
and in some instances, hyperactivity.
    (1) Either diagnosis must be made by appropriate medical personnel.
    (2) ADD and ADHD are not specific disabling conditions under this 
part, although a child with either may be eligible for EIS and/or 
special education and related services as ``other health impaired'' by 
reason of the disability if the child's alertness or vitality is 
sufficiently compromised. The majority of children with ADD/ADHD 
generally do not meet the eligibility criteria as outlined in this 
part.
    (h) Audiology. A service that includes the following:
    (1) Identification of children with hearing loss.
    (2) Determination of the range, nature, and degree of hearing loss, 
and communication functions including referral for medical or other 
professional attention for the habilitation of hearing.

[[Page 32664]]

    (3) Provision of habilitative activities, such as language 
habilitation, auditory training, speech-reading (lip-reading), hearing 
evaluation, and speech conservation.
    (4) Creation and administration of programs for the prevention of 
hearing loss.
    (5) Counseling and guidance of children concerning the prevention 
of hearing loss.
    (6) Determination of a child's need for group and individual 
amplification, selecting and fitting an aid, and evaluating the 
effectiveness of amplification.
    (i) Autism. A developmental disability significantly affecting 
verbal and nonverbal communication and social interaction, generally 
evident before age 3 years that adversely affects educational 
performance. Other characteristics often associated with autism are 
engagement in repetitive activities and stereotyped movements, 
resistance to environmental change or change in daily routines, and 
unusual responses to sensory experiences. The term does not apply if a 
child's educational performance is adversely affected primarily because 
the child has an emotional disturbance as defined in paragraph (z) of 
this section.
    (j) Case Study Committee (CSC). A school-level team comprised of, 
among others, an administrator or designee who is qualified to 
supervise or provide special education, one or more of the child's 
regular education teachers, one or more special education teachers, 
parents, and related service providers (if appropriate) who do the 
following:
    (1) Oversee screening and referral of children who may require 
special education.
    (2) Oversee the multidisciplinary evaluation of such children.
    (3) Determine the eligibility of children for special education and 
related services.
    (4) Formulate individualized instruction as reflected in an IEP, in 
accordance with this part.
    (5) Monitor the development, review, and revision of IEPs.
    (k) Child-Find. An outreach program used by the DoD school systems, 
the Military Departments, and the other DoD Components to seek and 
identify children from birth to age 21, inclusive, who may require EIS 
or special education and related services. Child-find includes all 
children who are eligible to attend a DoD school. Child-find activities 
include the dissemination of information to military members and DoD 
employees, the identification and screening of children, and the use of 
referral procedures.
    (l) Children with Disabilities (Ages 3 through 21, Inclusive). 
Children, before graduation from high school or completion of the 
General Education Degree, who have one or more impairments, as 
determined by a CSC and who need and qualify for special education and 
related services.
    (m) Consent. The permission obtained from the parent or legal 
guardian. This includes the following:
    (1) The parent is fully informed of all information about the 
activity for which consent is sought in the native language or in 
another mode of communication, if necessary.
    (2) The parent understands and agrees in writing to the 
implementation of the activity for which permission is sought. That 
consent describes the activity, lists the child's records (if any) to 
be released outside the Department of Defense, and specifies to whom 
the records shall be sent.
    (i) The parent understands that the granting of consent is 
voluntary on the part of the parent and may be revoked at anytime.
    (ii) If a parent revokes consent, that revocation is not 
retroactive (i.e., it does not negate an action that has occurred after 
the consent was given and before the cognizant authorities received the 
notice of revocation of the consent).
    (n) Continuum of Alternative Placements. Instruction in regular 
classes, special classes, special schools, home instruction, and 
instruction in hospitals and institutions; includes provision for 
supplementary services (such as resource room or itinerant instruction) 
to be provided in conjunction with regular class placement.
    (o) Counseling Service. A service provided by a qualified social 
worker, psychologist, guidance counselor, or other qualified personnel.
    (p) Deaf-Blindness. Concomitant hearing and visual impairments, the 
combination of which causes such severe communication, developmental, 
and educational problems that it cannot be accommodated in special 
education programs solely for children with deafness or blindness.
    (q) Deafness. A hearing loss or deficit so severe that it impairs a 
child's ability to process linguistic information through hearing, with 
or without amplification, and affects the child's educational 
performance adversely.
    (r) Developmental Delay. A significant discrepancy in the actual 
functioning of an infant, toddler, or child, birth through age 5, when 
compared with the functioning of a non-disabled infant, toddler, or 
child of the same chronological age in any of the following areas: 
physical, cognitive, communication, social or emotional, and adaptive 
development as measured using standardized evaluation instruments and 
confirmed by clinical observation and judgment. A child classified with 
a developmental delay before the age of 5 may maintain that eligibility 
classification through the age 8.
    (1) A Significant Discrepancy. The child is experiencing a 
developmental delay as measured by diagnostic instruments and 
procedures of 2 standard deviations below the mean in at least one 
area, or by a 25 percent delay in at least one area on assessment 
instruments that yield scores in months, or a developmental delay of 
1.5 standard deviations below the mean in two or more areas, or by a 20 
percent delay on assessment instruments that yield scores in months in 
two or more of the following areas of development: cognitive, physical, 
communication, social or emotional, or adaptive.
    (2) High Probability for Developmental Delay. An infant or toddler, 
birth through age 2, with a diagnosed physical or mental condition, 
such as chromosomal disorders and genetic syndromes, that places the 
infant or toddler at substantial risk of evidencing a developmental 
delay without the benefit of EIS.
    (s) DoD Dependents Schools (DoDDS). The overseas schools 
(kindergarten through grade 12) established by 20 U.S.C. 921. The DoDDS 
are operated under DoD Directive 1342.6.
    (t) DoD Domestic Dependent Elementary and Secondary Schools 
(DDESS). The schools (pre-kindergarten through grade 12) established by 
20 U.S.C. 921-932. The DoD DDESS are operated under DoD Directive 
1342.21.
    (u) DoD School Systems. The DDESS and DoDDS school systems.
    (v) Early Identification and Assessment. The implementation of a 
formal plan for identifying a disability as early as possible in a 
child's life.
    (w) Early Intervention Services. Developmental services that meet 
the following criteria:
    (1) Are provided under the supervision of a Military Medical 
Department.
    (2) Are provided using Military Health Services System resources at 
no cost to the parents.
    (3) Evaluation, Individualized Family Service Plan (IFSP) 
development and revision, and Service coordination services are 
provided at no cost to the infant's or toddler's parents. Parents may 
be charged incidental fees (identified in Service guidance) that are 
normally charged to infants, toddlers,

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and children without disabilities or to their parents.
    (4) Are designed to meet the developmental needs of an infant or 
toddler with a disability in any one or more of the following areas:
    (i) Physical.
    (ii) Cognitive.
    (iii) Communication.
    (iv) Social or emotional.
    (v) Adaptive development.
    (5) Meet the standards developed or adopted by the Department of 
Defense.
    (6) Are provided by qualified personnel including early childhood 
special educators, speech and language pathologists and audiologists, 
occupational therapists, physical therapists, psychologists, social 
workers, nurses, nutritionists, family therapists, orientation and 
mobility specialists, pediatricians and other physicians, and certified 
and supervised paraprofessional assistants, such as certified 
occupational therapy assistants.
    (7) Maximally, are provided in natural environments including the 
home and community settings where infants and toddlers without 
disabilities participate.
    (8) Are provided in conformity with an IFSP.
    (9) Developmental services include, but are not limited to, the 
following services: Family training, counseling, and home visits; 
special instruction; speech pathology and audiology; occupational 
therapy; physical therapy; psychological services; Service coordination 
services; medical services only for diagnostic or evaluation purposes; 
early identification, screening and assessment services; vision 
services; and social work services. Also included are assistive 
technology devices and assistive technology services; health services 
necessary to enable the infant or toddler to benefit from the above 
EIS; and transportation and related costs necessary to enable an infant 
or toddler and the family to receive EIS.
    (x) Educational and Developmental Intervention Services (EDIS). 
Programs operated by the Military Medical Departments to provide EIS 
and related services in accordance with this part.
    (y) Eligible. Children who meet the age, command sponsorship, and 
dependency requirements established by 10 U.S.C. 2164, DoD Directive 
1342.6, DoD Directive 1342.13, and DoD Directive 5105.4.
    (1) In DoDDS, children without disabilities who meet these 
requirements, and are ages 5 to 21 years, inclusive, are entitled to 
receive educational instruction.
    (2) In DDESS, children without disabilities who meet these 
requirements, and are ages 4 to 21 years, inclusive, are entitled to 
receive educational instruction.
    (3) In both DoDDS and DDESS, children with disabilities, ages 3 
through 21 years, inclusive, are authorized to receive educational 
instruction. Additionally, an eligible infant or toddler with 
disabilities is a child from birth through age 2 years who meets either 
the DoDDS or DDESS eligibility requirements except for the age 
requirement.
    (z) Emotional Disturbance. A condition confirmed by clinical 
evaluation and diagnosis and that, over a long period of time and to a 
marked degree, adversely affects educational performance, and exhibits 
one or more of the following characteristics:
    (1) Inability to learn that cannot be explained by intellectual, 
sensory, or health factors.
    (2) Inability to build or maintain satisfactory interpersonal 
relationships with peers and teachers.
    (3) Inappropriate types of behavior or feelings under normal 
circumstances.
    (4) A tendency to develop physical symptoms or fears associated 
with personal or school problems.
    (5) A general pervasive mood of unhappiness or depression. Includes 
children who are schizophrenic, but does not include children who are 
socially maladjusted unless it is determined they are seriously 
emotionally disturbed.
    (aa) Evaluation. The synthesis of assessment information by a 
multidisciplinary team used to determine whether a particular child has 
a disability, the type and extent of the disability, and the child's 
eligibility to receive early intervention or special education and/or 
related services.
    (bb) Family Training, Counseling, and Home Visits. Services 
provided, as appropriate, by social workers, psychologists, and other 
qualified personnel to assist the family of a child eligible under this 
part in understanding the special needs of the child and enhancing the 
child's development.
    (cc) Free Appropriate Public Education (FAPE). Special education 
and related services that:
    (1) Are provided at no cost to parents of a child with a 
disability, and are under the general supervision and direction of the 
DoDDS or DDESS, including children with disabilities who have been 
suspended or expelled from school.
    (2) Are provided in the least restrictive environment at a 
preschool, elementary, or secondary school.
    (3) Are provided in conformity with an IEP.
    (4) Meet the requirements of this part.
    (dd) Functional Behavioral Assessment. A process for identifying 
the events that predict and maintain patterns of problem behavior.
    (ee) Functional Vocational Evaluation. A student-centered appraisal 
process for vocational development and career decision-making. It 
allows students, educators, and others to gather information about such 
development and decision-making. Functional vocational evaluation 
includes activities for transitional, vocational, and career planning; 
instructional goals; objectives; and implementation.
    (ff) General Curriculum. The curriculum adopted by the DoD school 
systems for all children from preschool through secondary school. To 
the extent applicable to an individual child with a disability, the 
general curriculum can be used in any educational environment along a 
continuum of alternative placements, described in paragraph (l) of this 
section.
    (gg) Health Services. Services necessary to enable an infant or 
toddler to benefit from the other EIS being received under this part. 
That term includes the following:
    (1) Services such as clean intermittent catheterization, 
tracheotomy care, tube feeding, changing of dressings or colostomy 
collection bags, and other health services.
    (2) Consultation by physicians with other service providers about 
the special healthcare needs of infants and toddlers with disabilities 
that need to be addressed in the course of providing other EIS.
    (3) That term does not include the following:
    (i) Services that are surgical or solely medical.
    (ii) Devices necessary to control or treat a medical condition.
    (iii) Medical services routinely recommended for all infants or 
toddlers.
    (hh) Hearing Impairment. An impairment in hearing, whether 
permanent or fluctuating, that adversely affects a child's educational 
performance, but is not included under the definition of deafness.
    (ii) Illegal Drug. Means a controlled substance as identified in 
the Controlled Substances Act (21 U.S.C. 812(c)) but does not include a 
substance that is legally possessed or used under the supervision of a 
licensed healthcare professional or that is legally possessed or used 
under any other authority under that Act or under any other provision 
of Federal law.
    (jj) Independent Evaluation. An evaluation conducted by a qualified

[[Page 32666]]

examiner who is not employed by either the DoD school or EDIS that 
conducted the initial evaluation.
    (kk) Individualized Education Program (IEP). A written document 
defining specially designed instruction for a student with a 
disability, ages 3 through 21 years, inclusive. That document is 
developed and implemented in accordance with appendix B of this part.
    (ll) Individualized Family Service Plan (IFSP). A written document 
for an infant or toddler, age birth through 2 years, with a disability 
and the family of such infant or toddler that is developed, reviewed, 
and revised in accordance with appendix A of this part.
    (mm) Infants and Toddlers with Disabilities. Children, ages birth 
through 2 years, who need EIS because they:
    (1) Are experiencing a developmental delay, defined at paragraph 
(r) of this section.
    (2) Have a high probability for developmental delay as defined at 
paragraph (r)(2) of this section.
    (nn) Inter-Component. Cooperation among DoD organizations and 
programs, ensuring coordination and integration of services to infants, 
toddlers, children with disabilities, and their families.
    (oo) Medical Services. Those evaluative, diagnostic, therapeutic, 
and supervisory services provided by a licensed and/or credentialed 
physician to assist CSCs and to implement IEPs. Medical services 
include diagnosis, evaluation, and medical supervision of related 
services that, by statute, regulation, or professional tradition, are 
the responsibility of a licensed and credentialed physician.
    (pp) Meetings to Determine Eligibility or Placement of a Child. All 
parties to such a meeting shall appear personally at the meeting site 
on issuance of written notice and establishment of a date convenient to 
the concerned parties. When a necessary participant is unable to 
attend, electronic communication suitable to the occasion may be used 
to involve the unavailable party. Parents generally shall be 
responsible for the cost of travel to personally attend meetings about 
the eligibility or placement of their child.
    (qq) Mental Retardation. Significantly sub-average general 
intellectual functioning, existing concurrently with deficits in 
adaptive behavior. This disability is manifested during the 
developmental period and adversely affects a child's educational 
performance.
    (rr) Multidisciplinary. The involvement of two or more disciplines 
or professions in the integration and coordination of services, 
including evaluation and assessment activities, and development of an 
IFSP or an IEP.
    (ss) Native Language. When used with reference to an individual of 
limited English proficiency, the home language normally used by such 
individuals, or in the case of a child, the language normally used by 
the parents of the child.
    (tt) Natural Environments. Settings that are natural or normal 
(e.g., home or day care setting) for the infant, toddler, or child's 
same-age peers who have no disability.
    (uu) Non-DoD Placement. An assignment by the DoD school system of a 
child with a disability to a non-DoD school or facility. The term does 
not include a home schooling arrangement, except pursuant to an IEP.
    (vv) Non-DoD School or Facility. A public or private school or 
other institution not operated by the Department of Defense. That term 
includes DDESS special contractual arrangements.
    (ww) Nutrition Services. Those services to infants and toddlers 
that include, but are not limited to, the following:
    (1) Conducting individual assessments in nutritional history and 
dietary intake; anthropometric, biochemical, and clinical variables; 
feeding skills and feeding problems; and food habits and food 
preferences.
    (2) Developing and monitoring plans to address the nutritional 
needs of infants and toddlers eligible for EIS.
    (3) Making referrals to community resources to carry out nutrition 
goals.
    (xx) Occupational Therapy. Services provided by a qualified 
occupational therapist or a certified occupational therapist assistant 
(under the supervision of a qualified occupational therapist). That 
term includes services to address the functional needs of children 
(birth through age 21, inclusive) related to adaptive development; 
adaptive behavior and play; and sensory, motor, and postural 
development. Those services are designed to improve the child's 
functional ability to perform tasks in home, school, and community 
settings, and include the following:
    (1) Identification, assessment, and intervention.
    (2) Adaptation of the environment and selection, design, and 
fabrication of assistive and orthotic devices to help development and 
promote the acquisition of functional skills.
    (3) Prevention or minimization of the impact of initial or future 
impairment, delay in development, or loss of functional ability.
    (yy) Orthopedic Impairment. A severe orthopedic impairment that 
adversely affects a child's educational performance. That term includes 
congenital impairments such as club foot or absence of some member; 
impairments caused by disease, such as poliomyelitis and bone 
tuberculosis; and impairments from other causes such as cerebral palsy, 
amputations, and fractures or burns causing contractures.
    (zz) Orientation and Mobility. Services provided to blind or 
visually impaired students by qualified personnel to enable those 
students to attain systematic orientation to and safe movement within 
their environments in school, home and community; and includes teaching 
students the following, as appropriate:
    (1) To understand spatial and environmental concepts and use of 
information received by the senses (such as sound, temperature and 
vibrations) orientation and mobility to establish, maintain, or regain 
orientation and line of travel (e.g., using sound at a traffic light to 
cross the street);
    (2) To use the long cane to supplement visual travel skills or as a 
tool for safely negotiating the environment for students with no 
available travel vision;
    (3) To understand and use remaining vision and distance low vision 
aids; and other concepts, techniques, and tools.
    (aaa) Other Health Impairment. Limited strength, vitality, or 
alertness due to chronic or acute health problems that adversely affect 
a child's educational performance. Such impairments may include ADD, 
heart condition, tuberculosis, rheumatic fever, nephritis, asthma, 
sickle cell anemia, hemophilia, seizure disorder, lead poisoning, 
leukemia, or diabetes.
    (bbb) Parent. The biological father or mother of a child; a person 
who, by order of a court of competent jurisdiction, has been declared 
the father or mother of a child by adoption; the legal guardian of a 
child; or a person in whose household a child resides, if such person 
stands in loco parentis to that child and contributes at least one-half 
of the child's support.
    (ccc) Parent Counseling and Training. A service that assists 
parents in understanding the special needs of their child's development 
and that provides them with information on child development and 
special education.
    (ddd) Personally Identifiable Information. Information that would 
make it possible to identify the infant, toddler, or child with 
reasonable certainty. Information includes:

[[Page 32667]]

    (1) The name of the child, the child's parent, or other family 
member; the address of the child;
    (2) A personal identifier, such as the child's social security 
number or student number; or
    (3) A list of personal characteristics or other information that 
would make it possible to identify the child with reasonable certainty.
    (eee) Physical Therapy. Services provided by a qualified physical 
therapist or a certified physical therapist (under the supervision of a 
qualified physical therapist). That term includes services to children 
(birth through age 21, inclusive) to address the promotion of 
sensorimotor function through enhancement of musculoskeletal status, 
neurobehavioral organization, perceptual and motor development, 
cardiopulmonary status, and effective environmental adaptation. Those 
services include the following:
    (1) Screening, evaluation, and assessment to identify movement 
dysfunction.
    (2) Obtaining, interpreting, and integrating information to 
appropriate program planning to prevent, alleviate, or compensate for 
movement dysfunction and related functional problems.
    (3) Providing individual and group services or treatment to 
prevent, alleviate, or compensate for movement dysfunction and related 
functional problems.
    (fff) Primary Referral Source. Parents and the DoD Components, 
including child development centers, pediatric clinics, and newborn 
nurseries, that suspect an infant or toddler has a disability and bring 
the child to the attention of the EDIS.
    (ggg) Psychological Services. Services that include the following:
    (1) Administering psychological and educational tests and other 
assessment procedures.
    (2) Interpreting test and assessment results.
    (3) Obtaining, integrating, and interpreting information about a 
child's behavior and conditions relating to learning.
    (4) Consulting with other staff members, including service 
providers, to plan programs to meet the special needs of children, as 
indicated by psychological tests, interviews, and behavioral 
evaluations.
    (5) Planning and managing a program of psychological services, 
including psychological counseling for children and parents, family 
counseling, consultation on child development, parent training, and 
education programs.
    (hhh) Public Awareness Program. Activities or print materials 
focusing on early identification of infants and toddlers with 
disabilities. Materials may include information prepared and 
disseminated by a military medical department to all primary referral 
sources and information for parents on the availability of EIS. 
Procedures to determine the availability of information on EIS to 
parents are also included in that program.
    (iii) Qualified. A person who meets the DoD-approved or recognized 
certification, licensing, or registration requirements or other 
comparable requirements in the area in which the person provides 
special education or related services or EIS to an infant, toddler, or 
child with a disability.
    (jjj) Recreation. A related service that includes the following:
    (1) Assessment of leisure function.
    (2) Therapeutic recreational activities.
    (3) Recreational programs in schools and community agencies.
    (4) Leisure education.
    (kkk) Rehabilitation Counseling. Services provided by qualified 
personnel in individual or group sessions that focus specifically on 
career development, employment preparation, achieving independence, and 
integration in the workplace and community of the student with a 
disability. The term also includes vocational rehabilitation services 
provided to a student with disabilities by vocational rehabilitation 
programs funded under the Rehabilitation Act of 1973, as amended.
    (lll) Related Services. Transportation and such developmental, 
corrective, and other supportive services, as required, to assist a 
child, age 3 through 21 years, inclusive, with a disability to benefit 
from special education under the child's IEP. The term includes speech-
language pathology and audiology, psychological services, physical and 
occupational therapy, recreation including therapeutic recreation, 
early identification and assessment of disabilities in children, 
counseling services including rehabilitation counseling, orientation 
and mobility services, and medical services for diagnostic or 
evaluative purposes. That term also includes school health services, 
social work services in schools, and parent counseling and training. 
The sources for those services are school, community, and medical 
treatment facilities.
    (mmm) Related Services Assigned to the Military Medical Departments 
Overseas. Services provided by EDIS to DoDDS students, under the 
development or implementation of an IEP, necessary for the student to 
benefit from special education. Those services may include medical 
services for diagnostic or evaluative purpose, social work, community 
health nursing, dietary, occupational therapy, physical therapy, 
audiology, ophthalmology, and psychological testing and therapy.
    (nnn) School Health Services. Services provided by a qualified 
school nurse or other qualified person.
    (ooo) Separate Facility. A school or a portion of a school, 
regardless of whether it is operated by the Department of Defense, 
attended exclusively by children with disabilities.
    (ppp) Service Coordination. Activities of a service coordinator to 
assist and enable an infant or toddler and the family to receive the 
rights, procedural safeguards, and services that are authorized to be 
provided under appendix B of this part. Those activities include the 
following:
    (1) Coordinating the performance of evaluations and assessments.
    (2) Assisting families to identify their resources, concerns, and 
priorities.
    (3) Facilitating and participating in the development, review, and 
evaluation of IFSPs.
    (4) Assisting in identifying available service providers.
    (5) Coordinating and monitoring the delivery of available services.
    (6) Informing the family of support or advocacy services.
    (7) Coordinating with medical and health providers.
    (8) Facilitating the development of a transition plan to preschool 
services.
    (qqq) Service Provider. Any individual who provides services listed 
in an IEP or an IFSP.
    (rrr) Social Work Services in Schools. A service that includes the 
following:
    (1) Preparing a social or developmental history on a child with a 
disability.
    (2) Counseling a child and the family on a group or individual 
basis.
    (3) Working with those problems in a child's home, school, or 
community that adversely affect adjustment in school.
    (4) Using school and community resources to enable a child to 
benefit from the educational program.
    (sss) Special Education. Specially designed instruction, including 
physical education, which is provided at no cost to the parent or 
guardians to meet the unique needs of a child with a disability, 
including instruction conducted in the classroom, in the home, in 
hospitals and institutions, and in other settings.
    (1) That term includes speech-language pathology or any other 
related

[[Page 32668]]

service if the service consists of specially designed instruction, at 
no cost to the parents, to meet the unique needs of a child with a 
disability.
    (2) That term also includes vocational education if it consists of 
specially designed instruction, at no cost to the parents, to meet the 
unique needs of a child with a disability.
    (3) At No Cost. For a child eligible to attend a DoD school without 
paying tuition, specially designed instruction and related services are 
provided without charge. Incidental fees normally charged to non-
disabled students or their parents as a part of the regular educational 
program may be imposed.
    (4) Physical Education. The development of the following:
    (i) Physical and motor fitness.
    (ii) Fundamental motor skills and patterns.
    (iii) Skills in aquatics, dance, and individual and group games and 
sports, including intramural and lifetime sports.
    (iv) A program that includes special physical education, adapted 
physical education, movement education, and motor development.
    (ttt) Specially Designed Instruction. That term means adapting 
content, methodology or delivery of instruction to:
    (1) Address the unique needs of an eligible child under this part; 
and
    (2) Ensure access of the child to the general curriculum, so that 
she or he can meet the educational standards within the DoD school 
systems.
    (uuu) Specific Learning Impairment. A disorder in one or more of 
the basic psychological processes involved in understanding or in using 
spoken or written language that may manifest itself as an imperfect 
ability to listen, think, speak, read, write, spell, remember, or do 
mathematical calculations. That term includes such conditions as 
perceptual disabilities, brain injury, minimal brain dysfunction, 
dyslexia, and developmental aphasia. The term, commonly called, 
``specific learning disability,'' does not include learning problems 
that are primarily the result of visual, hearing, or motor 
disabilities; mental retardation; emotional disturbance; or 
environmental, cultural, or economic differences.
    (vvv) Speech and Language Impairments. A communication disorder, 
such as stuttering, impaired articulation, voice impairment, or a 
disorder in the receptive or expressive areas of language that 
adversely affects a child's educational performance.
    (www) Speech-Language Pathology Services. Services provided by a 
qualified speech/language therapist or a certified speech/language 
assistant (under the supervision of a qualified speech/language 
therapist), that include the following:
    (1) Identification of children with speech or language impairments.
    (2) Diagnosis and appraisal of specific speech or language 
impairments.
    (3) Referral for medical or other professional attention for the 
habilitation or prevention of speech and language impairments.
    (4) Provision of speech and language services for the habilitation 
or prevention of communicative impairments.
    (5) Counseling and guidance of children, parents, and teachers for 
speech and language impairments.
    (xxx) Supplementary Aids and Services. Include aids, services, and 
other supports that are provided in regular education classes or other 
educational-related settings to enable children with disabilities to be 
educated with non-disabled children to the maximum extent appropriate.
    (yyy) Transition Services. (1) A coordinated set of activities for 
a student that may be required to promote movement from early 
intervention, preschool, and other educational programs into different 
educational settings or programs.
    (2) For students 14 years of age and older, transition services are 
designed in an outcome-oriented process that promotes movement from 
school to post-school activities; including, related services, post-
secondary education, vocational training, integrated employment; and 
also including supported employment, continuing and adult education, 
adult services, independent living, or community participation. The 
coordinated set of activities are based on the individual student's 
needs, considering the student's preferences and interests, and include 
instruction, community experiences, the development of employment and 
other post-school adult living objectives, and acquisition of daily 
living skills and functional vocational evaluation.
    (zzz) Transportation. A service that includes the following:
    (1) Transportation and related costs for EIS includes the cost of 
travel (e.g., mileage or travel by taxi, common carrier, or other 
means) and other costs (e.g., tolls and parking expenses) that are 
necessary to enable an eligible child and the family to receive EIS.
    (2) Services rendered under the IEP of a child with a disability:
    (i) Travel to and from school and between schools, including travel 
necessary to permit participation in educational and recreational 
activities and related services.
    (ii) Travel in and around school buildings.
    (3) Specialized equipment, including special or adapted buses, 
lifts, and ramps, if required to provide transportation for a child 
with a disability.
    (aaaa) Traumatic Brain Injury. An acquired injury to the brain 
caused by an external physical force resulting in total or partial 
functional disability or psychosocial impairment that adversely affects 
educational performance. That term includes open or closed head 
injuries resulting in mild, moderate, or severe impairments in one or 
more areas including cognition, language, memory, attention, reasoning, 
abstract thinking, judgment, problem solving, sensory, perceptual and 
motor abilities, psychosocial behavior, physical function, information 
processing, and speech. That term does not include brain injuries that 
are congenital or degenerative, or brain injuries that are induced by 
birth trauma.
    (bbbb) Vision Services. Services necessary to habilitate or 
rehabilitate the effects of sensory impairment resulting from a loss of 
vision.
    (cccc) Visual Impairment. An impairment of vision that, even with 
correction, adversely affects a child's educational performance. That 
term includes both partial sight and blindness.
    (dddd) Vocational Education. Organized educational programs for the 
preparation of individuals for paid or unpaid employment or for 
additional preparation for a career requiring other than a 
baccalaureate or advanced degree.
    (eeee) Weapon. Items carried, presented, or used in the presence of 
other persons in a manner likely to make reasonable persons fear for 
their safety. They include, but are not limited to, guns, look-alike 
(replica) guns, knives, razors, box or carpet cutters, slingshots, 
nunchucks, any flailing instrument such as a fighting chain or heavy 
studded or chain belt, objects designed to project a missile, 
explosives, mace, pepper spray, or any other similar propellant, or any 
other object concealed, displayed, or brandished in a manner that 
reasonably provokes fear.


Sec.  57.4  Policy.

    It is DoD policy that:
    (a) Eligible infants and toddlers with disabilities and their 
families shall be provided EIS consistent with appendix A of this part.

[[Page 32669]]

    (b) Eligible children with disabilities, ages 3 through 21 years, 
inclusive, shall be provided a FAPE in the least restrictive 
environment, consistent with appendix B of this part.
    (c) The Military Medical Departments and DoDDS shall cooperate in 
the delivery of related services to eligible children with 
disabilities, ages 3 through 21 years, inclusive, that require such 
services to benefit from special education. Related services assigned 
to the Military Medical Departments are defined in Sec.  57.3 and are 
provided in accordance with appendix C of this part. DDESS is 
responsible for the delivery of all related services to eligible 
children with disabilities, ages 3 through 21 years, inclusive, served 
by DDESS.
    (d) The Military Medical Departments shall provide EIS in both 
domestic and overseas areas, and related services assigned to them in 
overseas areas, at the same priority as medical care is provided to 
active duty military members.


Sec.  57.5  Responsibilities.

    (a) The Under Secretary of Defense (Personnel and Readiness) (USD 
(P&R)) shall:
    (1) Establish a DoD-AP consistent with appendix D of this part.
    (2) Establish and chair, or designate a ``Chair,'' of the DoD-CC 
consistent with appendix E of this part.
    (3) Ensure that inter-Component agreements or other mechanisms for 
inter-Component coordination are in effect between the DoD Components 
providing services to infants, toddlers and children.
    (4) Ensure the implementation of procedural safeguards consistent 
with appendix F of this part.
    (5) In consultation with the General Counsel of the Department of 
Defense (GC, DoD) and the Secretaries of the Military Departments:
    (i) Ensure that eligible infants and toddlers with disabilities and 
their families are provided comprehensive, coordinated and 
multidisciplinary EIS under 20 U.S.C. 921-932 and 10 U.S.C. 2164 as 
provided in appendix A of this part.
    (ii) Ensure that eligible children with disabilities (ages 3 
through 21 years, inclusive) are provided a FAPE under U.S.C. 921-932 
and 10 U.S.C. 2164 as provided in appendix A of this part.
    (iii) Ensure that eligible DoDDS students are provided related 
services, as provided in appendix C of this part.
    (iv) Ensure that all eligible DDESS students are provided related 
services by DDESS.
    (v) Ensure the development of a DoD-wide comprehensive child-find 
system to identify eligible infants, toddlers, and children ages birth 
through 21 years, inclusive, under DoD Directive 1342.6 who may require 
early intervention or special education services.
    (vi) Ensure that personnel are identified to provide the mediation 
services specified in appendix 7 of this part.
    (vii) Ensure that transition services are available to promote 
movement from early intervention, preschool, and other educational 
programs into different educational settings and post-secondary 
environments.
    (viii) Ensure compliance with this Part in the provision of special 
services, in accordance with appendix H of this part and other 
appropriate guidance.
    (ix) Ensure that personnel are identified and trained to provide 
the monitoring specified in appendix H of this part
    (x) Ensure that the Military Departments deliver the following:
    (A) In overseas and domestic areas, a comprehensive, coordinated, 
and multidisciplinary program of EIS for eligible infants and toddlers 
(birth through 2 years, inclusive) with disabilities.
    (B) In overseas areas, the related services as defined in Sec.  
57.3 for eligible children with disabilities, ages 3 through 21 years, 
inclusive.
    (xi) Ensure the development and implementation of a comprehensive 
system of personnel development in the area of special services for the 
Department of Defense Education Activity (DoDEA) and the Military 
Departments. That system shall include professionals, 
paraprofessionals, and primary referral source personnel in the areas 
of special services, and may also include:
    (A) Implementation of innovative strategies and activities for the 
recruitment and retention of personnel providing special services, 
ensuring that personnel requirements are established consistent with 
recognized certification, licensing, registration, or other comparable 
requirements for personnel providing special services, and allow the 
use of paraprofessionals and assistants who are appropriately trained 
and supervised to assist in the provision of special services.
    (B) Training personnel to coordinate transition services for 
infants and toddlers from an early intervention program to preschool or 
other appropriate services
    (C) Ensuring that training is provided in and across disciplines.
    (xii) Develop procedures to compile data on the numbers of eligible 
infants and toddlers with disabilities and their families in need of 
EIS, and children in need of special education and related services, in 
accordance with DoD Directives 5400.7 and 5400.11. Those data elements 
shall include, at a minimum, the following:
    (A) The number of infants and toddlers and their families served.
    (B) The number of children served.
    (C) The types of services provided.
    (D) Other information required to evaluate and monitor the 
provision of services.
    (xiii) Resolve disputes among the DoD Components involving appendix 
A of this part.
    (xiv) Ensure the assigned responsibilities for the delivery of 
special services are reviewed at least every 5 years to determine the 
most appropriate distribution of responsibilities.
    (b) The Assistant Secretary of Defense (Health Affairs) (ASD(HA)), 
under the Principal Deputy Under Secretary of Defense for Personnel and 
Readiness (PDUSD(P&R)), shall:
    (1) Ensure the provision of advice and consultation about the 
provision of EIS and related services to the USD(P&R) and the GC, DoD.
    (2) Ensure the development of healthcare provider workload 
standards and performance levels to determine staffing requirements of 
designated centers. These standards shall take into account the 
provider training needs, the requirements of this part, and the 
additional time required to provide EIS (in domestic and overseas 
areas) and related services (in overseas areas) as defined in Sec.  
57.3 for assessment and treatment and for coordination with other DoD 
Components, such as the DoD school systems.
    (3) Assign the Military Medical Departments geographical areas of 
responsibility for providing related services and EIS under paragraph 
(c)(1) of this section. Periodically review the alignment of geographic 
areas to ensure that base closures and other resourcing issues are 
considered in the cost effective delivery of services.
    (4) Establish a system for compiling data required by this part.
    (c) The Secretaries of the Military Departments shall:
    (1) In consultation with DoDEA, establish Educational and 
Developmental Intervention Services (EDIS) within the following areas:
    (i) Designated overseas areas of geographical responsibility, 
capable of providing necessary related services and EIS to support the 
needs of eligible beneficiaries.

[[Page 32670]]

    (ii) Domestic areas, capable of providing necessary EIS to support 
the needs of eligible beneficiaries.
    (2) Staff EDIS with appropriate professional staff, as necessary 
based on services required, which should include occupational 
therapist(s) with pediatric experience; physical therapist(s) with 
pediatric experience; audiologist(s) with pediatric experience; child 
psychiatrist(s); clinical psychologist(s) with pediatric experience; 
social worker(s) with pediatric experience; speech language 
pathologists; community health nurse(s) or the equivalent; 
pediatrician(s) with experience and/or training in developmental 
pediatrics; certified assistants (for example, certified occupational 
therapy assistants or physical therapy assistants); and early childhood 
special educators.
    (3) Provide a comprehensive, coordinated, inter-Component, 
community-based system of EIS for eligible infants and toddlers with 
disabilities (birth through 2 inclusive) and their families using the 
procedures established by this part and guidelines from the ASD(HA) on 
staffing and personnel standards.
    (4) Provide related services, as defined in Sec.  57.3 to DoDDS 
students who are on IEPs using the procedures established by this part 
and guidelines from the ASD(HA) on staffing and personnel standards.
    (5) To DoDDS students, provide transportation to and from the site 
where related services are provided by the Military Medical Department, 
if not provided at the school.
    (6) Provide transportation to and from the site where EIS is 
provided, if it is not provided in the home or some other natural 
environment.
    (d) The Surgeons General of the Military Departments shall:
    (1) Ensure the development of policies and procedures for 
providing, documenting, and evaluating EIS and related services 
assigned to the Military Medical Departments, as defined in Sec.  57.3 
(mmm).
    (2) Ensure that EDIS participates in the existing military 
treatment facility (MTF) quality assurance program, which monitors and 
evaluates the medical services for children receiving such services as 
described by this part. Standards used by the Joint Commission on 
Accreditation of Health Organizations or equivalent standards shall be 
used, where applicable, to ensure accessibility, acceptability, and 
adequacy of the medical portion of the program provided by EDIS.
    (3) Ensure that each program providing EIS is monitored for 
compliance with this part at least once every 3 years in accordance 
with appendix H of this part.
    (4) Ensure that resources are allocated in accordance with the 
healthcare provider workload standards and performance levels developed 
under the direction of the ASD(HA).
    (5) Ensure the cooperation and coordination between their 
respective offices, the offices of other Surgeons General, and DoDEA 
with respect to the implementation of this Part.
    (6) Ensure that training is available for each healthcare 
professional providing EIS or related services. This training shall 
include information about the roles and responsibilities of the 
providers and the development of an Individualized Family Service Plan 
(IFSP) or an IEP.
    (7) Ensure the provision of in-service training on EIS and related 
services to educational, legal, and other suitable personnel, if 
requested and feasible.
    (8) Provide professional supervision of the EDIS provision of EIS 
and related services in the overseas areas, as designated in (b)(3) of 
this section and of EIS in domestic areas of responsibility.
    (9) Submit to the DoD-CC a report not later than July 31 of each 
year certifying that all EDIS are in compliance with this part and 
other DoD guidance in accordance with appendix H of this part.
    (e) The Director, Department of Defense Education Activity under 
the Deputy Under Secretary of Defense (Military Community and Family 
Policy), and the PDUSD(P&R), shall ensure that the Directors of the DoD 
school systems shall:
    (1) Ensure that eligible children with disabilities, ages 3 through 
21 years, inclusive, are provided a FAPE.
    (2) Ensure that the educational needs of children with and without 
disabilities are met comparably, consistent with appendix B of this 
part.
    (3) Ensure that educational facilities and services operated by the 
DoD school systems for children with and without disabilities are 
comparable.
    (4) Maintain records on special education and related services 
provided to eligible children with disabilities, ages 3 through 21 
years, inclusive, consistent with 21 U.S.C. 812(c).
    (5) Provide any or all special education and related services 
required by a child with a disability, ages 3 through 21 years, 
inclusive, other than those furnished by the Secretaries of the 
Military Departments through inter-Agency, intra-Agency, and inter-
Service arrangements, or through contracts with private parties when 
funds are authorized and appropriated.
    (6) Provide transportation, which is a related service under this 
Part, to students with disabilities when transportation is prescribed 
in the student's IEP. The DoD school systems shall furnish 
transportation between the student's home (or another location 
specified in the IEP) and the DoD school.
    (7) Provide transportation to and from the site where DDESS 
provides related services, if not provided at the school.
    (8) Participate in the development and implementation of a 
comprehensive system of personnel development.
    (9) Ensure that all programs providing special education and 
related services, including those provided by the Military Medical 
Departments, are monitored for compliance with this part in accordance 
with appendix H of this part.
    (10) Provide physical space for the provision of occupational 
therapy, physical therapy, and psychological services in those DoDDS 
facilities where EDIS shall provide related services.
    (11) Provide physical space for the provision of occupational 
therapy, physical therapy, psychological services, and therapists' 
offices in construction of DoDDS facilities at those locations where 
EDIS shall provide related services. The DoDDS shall determine the 
specifics of space design in consultation with the responsible Military 
Department's medical authorities concerned and the Defense Medical 
Facilities Office, Office of the ASD(HA).
    (12) The DoDDS shall provide repair and maintenance support, 
custodial support, and utilities to the areas described in paragraphs 
(e)(10) and (e)(11) of this section.
    (13) The DoDDS shall maintain operational control of therapy and 
office space.
    (14) Ensure that all newly constructed or renovated DoD school 
facilities are fully accessible to persons with mobility impairments 
including those in wheelchairs.
    (15) Report not later than July 31 of each year to the DoD-CC on 
the following:
    (i) Number of children with disabilities participating in regular 
and alternate system-wide assessment.
    (ii) Performance of children with disabilities on the regular 
system-wide assessment and on the alternate system-wide assessment.
    (iii) By district, rate of suspension and expulsion of students 
with disabilities compared to regular education students.

[[Page 32671]]

    (f) The Director, Defense Office of Hearings and Appeals (DOHA), 
under the General Counsel of the Department of Defense, shall ensure 
impartial due process hearings are provided consistent with appendix G 
of this part.


Sec.  57.6  Procedures.

    (a) The procedures for EIS for infants and toddlers with 
disabilities and their families are prescribed in appendix A of this 
part.
    (b) The procedures for educational programs and services for 
children with disabilities, ages 3 through 21 years, inclusive, on IEPs 
are prescribed in appendix B of this part.
    (c) The procedures for the provision of related services for DoDDS 
students with disabilities, ages 3 through 21, inclusive, are 
prescribed in appendix C of this part
    (d) Procedural safeguards and parent and student rights are 
prescribed in appendix F of this part.
    (e) The procedures for conducting mediation and due process 
hearings are prescribed in appendix G of this part.
    (f) The procedures for conducting compliance monitoring are 
prescribed in appendix H of this part.

Appendix A to Part 57--Procedures for the Provision of Early 
Intervention Services for Infants and Toddlers With Disabilities and 
Their Families

A. Identification and Screening

    (1) Each Military Department shall develop and implement in its 
assigned geographic area a comprehensive child-find public awareness 
program that focuses on the early identification of children who are 
eligible to receive EIS under this part. The public awareness 
program must inform the public about:
    (i) The EDIS early intervention program;
    (ii) The child-find system, including:
    (A) The purpose and scope of the system;
    (B) How to make referrals to service providers that includes 
timelines and provides for participation by primary referral 
sources; and
    (C) How to gain access to a comprehensive, multidisciplinary 
evaluation and other EIS; and
    (D) A central directory that includes a description of the EIS 
and other relevant resources available in each military community 
overseas.
    (2) EDIS must prepare and disseminate materials for parents on 
the availability of EIS to all primary referral sources, especially 
hospitals, physicians, and child development centers.
    (3) Upon receipt of a referral, EDIS shall appoint a service 
coordinator.
    (4) Procedures for Identification and Screening. All children 
referred to the EDIS for EIS shall be screened to determine the 
appropriateness of the referral and to guide the assessment process.
    (i) Screening does not constitute a full evaluation. At a 
minimum, screening shall include a review of the medical and 
developmental history of the referred child through a parent 
interview and/or a review of medical records.
    (ii) If screening was conducted prior to the referral, or if 
there is a substantial or obvious biological risk, screening may not 
be necessary.

B. Assessment and Evaluation

    (1) The assessment and evaluation of each child must:
    (i) Be conducted by a multidisciplinary team.
    (ii) Be based on informed clinical opinion; and
    (iii) Include the following:
    (A) A review of pertinent records related to the child's current 
health status and medical history.
    (B) An evaluation of the child's level of functioning in each of 
the following developmental areas:
    (i) Cognitive development.
    (ii) Physical development, including vision and hearing.
    (iii) Communication development.
    (iv) Social or emotional development.
    (v) Adaptive development.
    (iv) An assessment of the unique needs of the child in terms of 
each of the developmental areas in paragraph B.(1)(iii)(B) of this 
appendix, including the identification of services appropriate to 
meet those needs.
    (2) Family Assessment
    (i) Family assessments must be family-directed and designed to 
determine the resources, priorities, and concerns of the family and 
the identification of the supports and services necessary to enhance 
the family's capacity to meet the developmental needs of the child.
    (ii) Any assessment that is conducted must be voluntary on the 
part of the family.
    (iii) If an assessment of the family is carried out, the 
assessment must:
    (A) Be conducted by personnel trained to utilize appropriate 
methods and procedures.
    (B) Be based on information provided by the family through a 
personal interview; and
    (C) Incorporate the family's description of its resources, 
priorities, and concerns related to enhancing the child's 
development.
    (3) Standards for Assessment Selection and Procedures. EDIS 
shall ensure, at a minimum, that:
    (i) Tests and other evaluation materials and procedures are 
administered in the native language of the parents or other mode of 
communication, unless it is clearly not feasible to do so.
    (ii) Any assessment and evaluation procedures and materials that 
are used are selected and administered so as not to be racially or 
culturally discriminatory.
    (iii) No single procedure is used as the sole criterion for 
determining a child's eligibility under this part; and
    (iv) Evaluations and assessments are conducted by qualified 
personnel.
    (4) With the parent's consent, EIS may begin before the 
completion of the assessment and evaluation when it has been 
determined by a multidisciplinary team that the child and/or the 
child's family needs the service immediately. Although all 
assessments have not been completed, an IFSP must be developed 
before the start of services. The remaining assessments must then be 
completed in a timely manner.

C. Eligibility

    (1) Eligibility shall be determined at an EIS team meeting that 
includes parents.
    (i) The EIS team shall document the basis for eligibility on an 
eligibility report.
    (ii) A copy of the eligibility report shall be provided to the 
parent at the eligibility meeting.
    (2) Children with disabilities from birth through age 2 are 
eligible for EIS if they meet one of the following criteria:
    (i) The child is experiencing a developmental delay as defined 
in Sec.  57.3(r).
    (ii) The child has a diagnosed physical or mental condition that 
has a high probability of resulting in developmental delay, as 
defined in Sec.  57.3(s).

D. Timelines

    (1) The initial evaluation and assessment of each child 
(including the family assessment) must be completed within a timely 
manner.
    (2) The Military Department responsible for providing EIS shall 
develop procedures to ensure that in the event of exceptional 
circumstances that make it impossible to complete the evaluation and 
assessment within a timely manner (e.g., if a child is ill), EDIS 
shall:
    (i) Document those circumstances; and
    (ii) Develop and implement an interim IFSP, to the extent 
appropriate and consistent with this part.

E. IFSP

    (1) Each Military Department shall ensure that the EDIS develop 
and implement an IFSP for each child, birth through 2 years of age, 
who meets the eligibility criteria for EIS in section B of this 
appendix.
    (2) The IFSP Meeting. The EDIS shall establish and convene a 
meeting to develop the IFSP of a child with a disability. That 
meeting shall be scheduled as soon as possible following a 
determination by the EDIS that the child is eligible for EIS, but 
not later than 45 days from the date of the referral for services.
    (3) Meetings to develop and review the IFSP must include the 
following participants:
    (i) The parent or parents of the child.
    (ii) Other family members, as requested by the parent, if 
feasible.
    (iii) An advocate or person outside of the family, if the parent 
requests that person's participation.
    (iv) The services coordinator who has worked with the family 
since the initial referral of the child or who has been designated 
as responsible for the implementation of the IFSP.
    (v) The person(s) directly involved in conducting the 
evaluations and assessments.
    (vi) As appropriate, persons who shall provide services to the 
child or family.
    (4) If a person listed in paragraph E.(3) of this appendix is 
unable to attend a meeting, arrangements must be made for the 
person's involvement through other means, including the following:
    (i) Participating in a telephone conference call.

[[Page 32672]]

    (ii) Having a knowledgeable, authorized representative attend 
the meeting.
    (iii) Making pertinent records available at the meeting.
    (5) The IFSP shall be written in a reasonable time after 
assessment and shall contain the following:
    (i) A statement of the child's current developmental levels 
including physical, cognitive, communication, social or emotional, 
and adaptive behaviors based on professionally acceptable objective 
criteria.
    (ii) With the concurrence of the family, a statement of the 
family's resources, priorities, and concerns about enhancing the 
child's development.
    (iii) A statement of the major outcomes expected to be achieved 
for the child and the family. Additionally, the statement shall 
contain the criteria, procedures, and timelines used to determine 
the degree to which progress toward achieving the outcomes is being 
made and whether modification or revision of the outcomes and 
services are necessary.
    (iv) A statement of the specific EIS necessary to meet the 
unique needs of the child and the family including the frequency, 
intensity, and method of delivering services.
    (v) The projected number of sessions necessary to achieve the 
outcomes listed in the IFSP.
    (vi) A statement of the natural environments in which EIS shall 
be provided, and a justification of the extent, if any, to which the 
services shall not be provided in a natural environment.
    (vii) The projected dates for initiation of services and the 
anticipated duration of those services.
    (viii) The name of the service coordinator who shall be 
responsible for the implementation of the IFSP and coordination with 
other agencies and persons. In meeting these requirements, EDIS may:
    (A) Assign the same service coordinator who was appointed at the 
time that the child was initially referred for evaluation to be 
responsible for implementing a child's and family's IFSP; or
    (B) Appoint a new service coordinator.
    (C) Appoint a service coordinator requested by the parents.
    (ix) The steps to be taken supporting the transition of the 
toddler with a disability to preschool or other services. These 
steps must include:
    (A) Discussions with, and training of, parents regarding future 
placements and other matters related to the child's transition;
    (B) Procedures to prepare the child for changes in service 
delivery, including steps to help the child adjust to, and function 
in, a new setting; and
    (C) The transmission of information about the child to the DoD 
school system, to ensure continuity of services, including 
evaluation and assessment information, and copies of IFSPs that have 
been developed and implemented in accordance with this Part.
    (6) The contents of the IFSP shall be explained to the parents 
and an informed, written consent from the parents shall be obtained 
before providing EIS described in that plan.
    (7) If a parent does not provide consent for participation in 
all EIS, the services shall still be provided for those 
interventions to which a parent does give consent.
    (8) The IFSP shall be evaluated at least once a year and the 
family shall be provided an opportunity to review the plan at 6-
month intervals (or more frequently, based on the child and family 
needs). The purpose of the periodic review is to determine the 
following:
    (i) The degree to which progress toward achieving the outcomes 
is being made; and
    (ii) Whether modification or revision of the outcomes or 
services is necessary.
    (9) The review may be carried out by a meeting or by another 
means that is acceptable to the parents and other participants.

F. Maintenance of Records

    (1) The EDIS officials shall maintain all EIS records, in 
accordance with DoD Directive 5400.11.
    (2) The IFSP and the documentation of services delivered in 
accordance with the IFSP are educational records and shall be 
maintained accordingly.

Appendix B to Part 57--Procedures for the Provision of Educational 
Programs and Services for Children With Disabilities, Ages 3 Through 21 
Years, Inclusive

A. Identification

    (1) It is the responsibility of the DoD school system officials 
to engage in child-find activities to locate, identify, and with 
informed parental consent, evaluate all children who are eligible to 
enroll in the DDESS under DoD Directive 1342.26 or in the DoDDS 
under DoD Directive 1342.13 who may require special education and 
related services.
    (2) Referral of a Child for Special Education or Related 
Services. The DoD school system officials, related service 
providers, parents, or others who suspect that a child has a 
possible disabling condition shall refer that child to the CSC.
    (3) Procedures for Identification and Screening. The DoD school 
system officials shall conduct the following activities to determine 
if a child needs special education and related services:
    (i) Screen educational records.
    (ii) Screen students using system-wide or other basic skill 
tests in the areas of reading, math, and language arts.
    (iii) Screen school health data such as reports of hearing, 
vision, speech, or language tests and reports from healthcare 
personnel about the health status of a child.
    (iv) Analyze school records to obtain pertinent information 
about the basis for suspensions, exclusions, withdrawals, and 
disciplinary actions.
    (v) Coordinate the transition of children from early 
intervention to preschool.
    (4) In cooperation with the Military Departments, conduct on-
going child-find activities and publish, periodically, any 
information, guidelines, and direction on child-find activities for 
eligible children with disabilities, ages 3 through 21 years, 
inclusive.

B. Assessment and Evaluation

    (1) Every child eligible to attend a DoD school who is referred 
to a CSC shall receive a full and comprehensive diagnostic 
evaluation of educational needs. An evaluation shall be conducted 
before an IEP is developed or placement is made in a special 
education program.
    (2) Procedures for Assessment and Evaluation. A CSC shall ensure 
that the following elements are included in a comprehensive 
assessment and evaluation of a child:
    (i) Assessment of visual and auditory acuity.
    (ii) A plan to assess the type and extent of the disability. A 
child shall be assessed in all areas related to the suspected 
disability. When necessary, the assessment plan shall include the 
following:
    (A) Assessment of the level of functioning academically, 
intellectually, emotionally, socially, and in the family.
    (B) Observation in an educational environment.
    (C) Assessment of physical status including perceptual and motor 
abilities.
    (D) Assessment of the need for transition services for students 
14 years and older, the acquisition of daily living skills, and 
functional vocational assessment.
    (iii) The involvement of parents.
    (3) The CSC shall use all locally available community, medical, 
and school resources to accomplish the assessment. At least one 
specialist with knowledge in the area of the suspected disability 
shall be a member of the multidisciplinary assessment team.
    (4) Each assessor shall prepare an individual assessment report 
that includes:
    (i) Demographic information about the student and the assessor.
    (ii) The problem areas constituting the bases for a referral.
    (iii) A behavioral observation of the child during testing.
    (iv) The instruments and techniques used for the assessment.
    (v) A description of the child's strengths and limitations.
    (vi) The results of the assessment; and
    (vii) The instructional implications of the findings for 
educational functioning.
    (5) Standards for Assessment Selection and Procedures. All DoD 
elements, including the CSC and related services providers, shall 
ensure that assessment materials and evaluation procedures are in 
compliance with the following criteria:
    (i) Selected and administered so as not to be racially or 
culturally discriminatory.
    (ii) Administered in the native language or mode of 
communication of the child, unless it clearly is not possible to do 
so.
    (iii) Materials and procedures used to assess a child with 
limited English proficiency are selected and administered to ensure 
that they measure the extent to which the child has a disability and 
needs special education, rather than measuring the child's English 
language skills.
    (iv) Validated for the specific purpose for which they are used 
or intended to be used.
    (v) Administered by trained personnel in compliance with the 
instructions of the testing instrument.

[[Page 32673]]

    (vi) Administered such that no single procedure is the sole 
criterion for determining eligibility or an appropriate educational 
program for a child with a disability.
    (vii) Selected to assess specific areas of educational needs and 
strengths and not merely to provide a single general intelligence 
quotient.
    (viii) Administered to a child with impaired sensory, motor, or 
communication skills so that the results reflect accurately a 
child's aptitude or achievement level or whatever other factors the 
test purports to measure, rather than reflecting the child's 
impaired sensory, manual, or speaking skills (unless those skills 
are the factors that the test purports to measure).
    (6) Review of Existing Evaluation Data. As part of an initial 
evaluation (if appropriate) and as part of any reevaluation, the CSC 
shall review existing evaluation data on the child, including:
    (i) Evaluations and information provided by the parents of the 
child;
    (ii) Current classroom-based assessments and observations;
    (iii) Observations by teachers and related services providers; 
and
    (iv) On the basis of that review, and input from the child's 
parents, identify what additional data, if any, are needed to 
determine:
    (A) Whether the child has a particular category of disability, 
or in the case of a reevaluation of a child, whether the child 
continues to have such a disability.
    (B) The present levels of performance and educational needs of 
the child.
    (C) Whether the child needs special education and related 
services, or in the case of a reevaluation of a child, whether the 
child continues to need special education and related services; and
    (D) Whether any additions or modifications to the special 
education and related services are needed to enable the child to 
meet the measurable annual goals set out in the IEP of the child and 
to participate, as appropriate, in the general curriculum.
    (v) The CSC may conduct its review without a meeting.
    (vi) The CSC shall administer tests and other evaluation 
materials as may be needed to produce the data identified under 
paragraph B.(2) of this appendix.

C. Eligibility

    (1) The CSC shall:
    (i) Ensure that the full comprehensive evaluation of a child is 
accomplished by a multidisciplinary team. The team shall be 
comprised of teachers or other specialists with knowledge in the 
area of the suspected disability.
    (ii) Convene a meeting to determine the eligibility of a child 
for special education and related services.
    (iii) Meet as soon as possible after a child has been assessed 
to determine the eligibility of the child for services.
    (iv) Afford the child's parents the opportunity to participate 
in the CSC eligibility meeting.
    (v) Issue a written eligibility report that contains the 
following:
    (A) Identification of the child's disabling condition.
    (B) A synthesis of the formal and informal findings of the 
multidisciplinary assessment team.
    (C) A summary of information from the parents, the child, or 
other persons having significant contact with the child.
    (D) A determination of eligibility statement.
    (E) A list of the educational areas affected by the child's 
disability, a description of the child's educational needs, and a 
statement of the child's present level of performance.
    (2) Reevaluation for Eligibility. School officials shall 
reevaluate the eligibility of a child with a disability every 3 
years, or more frequently, if conditions warrant.
    (i) The scope and type of the reevaluation shall be determined 
individually based on a child's performance, behavior, and needs 
during the reevaluation and the review of existing data in 
accordance with paragraph B.(6) of this appendix.
    (ii) The CSC is not required to conduct assessments unless 
requested to do so by the child's parents.
    (iii) If the CSC determines that no additional data are needed 
to determine whether the child continues to be a child with a 
disability, the CSC shall notify the parents of:
    (A) The determination that no additional assessment data are 
needed and the reasons for their determination; and
    (B) The right of the parents to request an assessment to 
determine whether the child continues to be a child with a 
disability.

D. IEP

    (1) The DoD school system officials shall ensure that the CSC 
develop and implement an IEP for each child with a disability who:
    (i) Is enrolled in the DoD school system;
    (ii) In DoDDS, is home-schooled, eligible to enroll in DoDDS on 
a space-required, tuition-free basis and whose sponsors have 
completed a registration form and complied with other registry 
procedures and requirements of the school;
    (iii) In DDESS, is home-schooled and eligible to enroll on a 
tuition-free basis and whose sponsors have completed a registration 
form and complied with other registry procedures and requirements of 
the school; or
    (iv) Is placed in another institution by the DoD school system.
    (2) The CSC shall convene a meeting to develop, review, or 
revise the IEP of a child with a disability. That meeting shall:
    (i) Be scheduled as soon as possible following a determination 
by the CSC that the child is eligible for special education and 
related services.
    (ii) Include minimally as participants the following:
    (A) An administrator or school representative other than the 
child's teacher who is qualified to provide or supervise the 
provision of special education and is knowledgeable about the 
general curriculum and available resources.
    (B) The child's teacher (if the child is, or may be, 
participating in the regular education environment);
    (C) A special education teacher or provider.
    (D) One or both of the child's parents.
    (E) The child, if appropriate.
    (F) For a child with a disability who has been evaluated for the 
first time, a representative of the evaluation team who is 
knowledgeable about the evaluation procedures used and is familiar 
with the results of the evaluation.
    (G) Other individuals invited at the discretion of the parent or 
school who have knowledge or special expertise regarding the child, 
including related services personnel, as appropriate.
    (3) Development of the IEP. The CSC shall prepare the IEP with 
the following:
    (i) A statement of the child's present levels of educational 
performance including a description of:
    (A) How the child's disability affects involvement and progress 
in the general curriculum or for preschoolers, how the disability 
affects participation in appropriate activities.
    (B) A description of the child's participation in the regular 
classroom (if the child participates in the regular education 
environment), extracurricular and other non-academic activities; and
    (C) If necessary, an explanation of the extent to which the 
child shall not participate with children who are not disabled in 
these activities.
    (ii) A statement of measurable annual goals including benchmarks 
or short-term instructional objectives related to meeting:
    (A) The child's needs that result from the disability to enable 
the child to be involved in and progress in the general curriculum;
    (B) Each of the child's other needs resulting from his or her 
disability.
    (iii) A statement of the special education and related services 
and supplementary aids and services to be provided to the child, or 
on behalf of the child and a statement of the program modifications 
or supports for school personnel that shall be provided for the 
child to:
    (A) Advance appropriately toward attaining the annual goals.
    (B) Be involved in and progress in the general curriculum in 
accordance with this part and to participate in extracurricular and 
other non-academic activities; and
    (C) Be educated and participate with other children with or 
without disabilities.
    (iv) A statement of any individual modifications in the 
administration of system-wide or district-wide assessment of student 
achievement that are needed for the child to participate in the 
assessment.
    (v) If the CSC determines that the child shall not participate 
in a particular system-wide or district-wide assessment of student 
achievement (or part of an assessment), a statement of:
    (A) Why that assessment is not appropriate for the child; and
    (B) How the child shall be assessed using alternate assessments 
to measure student progress.
    (vi) A statement explaining how the child's progress towards 
annual goals shall be measured.
    (vii) A statement explaining how parents shall be informed, at 
least as often as parents

[[Page 32674]]

are informed of progress of children who are not disabled, of:
    (A) Their child's progress toward annual goals; and
    (B) The extent to which that progress is sufficient to enable 
the child to achieve the goals by the end of the year.
    (viii) A statement of special education, related services, and 
modifications necessary for the child to advance appropriately 
toward the annual goals.
    (ix) A statement of the amount of time that each service shall 
be provided to the child, to include the projected date for 
beginning of services and location and duration of those services 
(including adjusted school day or an extended school year) and 
modifications.
    (x) A statement of the physical education program provided in 
one of the following settings:
    (A) In the regular education program.
    (B) In the regular education program with adaptations, 
modifications, or the use of assistive technology.
    (C) Through specially designed instruction based on the goals 
and objectives included in the IEP.
    (xi) Beginning at age 14, and updated annually:
    (A) A statement of transition service needs under applicable 
components of the child's IEP that focuses on his or her course of 
study and augments the standard transition requirements.
    (B) A statement of needed transition services, including inter-
Agency responsibilities.
    (xii) Beginning at least one year before the child reaches the 
age of majority, a statement that the child has been informed of 
those rights that transfer to him or her under this Part.
    (xiii) A statement of special transportation requirement, if 
any.
    (xiv) A statement of the vocational education program for 
secondary students. If a specially designed instructional program is 
required, the necessary goals and objectives in the IEP shall be 
included.
    (4) Consideration of Special Factors. The CSC shall consider:
    (i) Assistive technology needs for all children.
    (ii) Language needs for the limited English proficient child.
    (iii) Providing Braille instruction, unless the CSC determines 
that the use of Braille is not appropriate, for a child who is blind 
or visually impaired.
    (iv) Interventions, strategies, and supports including behavior 
management plans to address behavior for a child whose behavior 
impedes learning.
    (v) Language and communication needs, opportunities for 
communication in the child's language and communication mode, 
including direct instruction in that mode, for the child who is deaf 
or hard of hearing.
    (5) The CSC shall ensure that at least one parent understands 
the special education procedures including the due process 
procedures described in appendix G of this part and the importance 
of the parent's participation in those processes. School officials 
shall use devices or hire interpreters or other intermediaries who 
might be necessary to foster effective communications between the 
school and the parent about the child.
    (6) The CSC shall ensure that all provisions developed for any 
child entitled to an education by the DoD school system are fully 
implemented in DoD schools or in non-DoD schools or facilities 
including those requiring special facilities, other adaptations, or 
assistive devices.
    (7) The CSC shall afford the child's parents the opportunity to 
participate in every CSC meeting to determine their child's initial 
or continuing eligibility for special education and related 
services, or to prepare or change the child's IEP or to determine or 
change the child's placement.
    (8) In developing each child's IEP, the CSC shall consider the 
strengths of the child and the concerns of the parents for enhancing 
the education of their child.

E. Implementation of the IEP

    The CSC shall:
    (1) Obtain parental agreement and signature before 
implementation of the IEP.
    (2) Provide a copy of the child's IEP to the parents.
    (3) Ensure that the IEP is in effect before a child receives 
special education and related services.
    (4) Ensure that the IEP is implemented as soon as possible 
following the meetings described under paragraph D.(2) of this 
appendix.
    (5) Provide special education and related services, in 
accordance with the IEP. The Department of Defense, the DoD school 
systems, and DoD personnel are not accountable if a child does not 
achieve the growth projected in the annual goals of the IEP, as long 
as services have been provided in accordance with the IEP.
    (6) Ensure that the child's IEP is accessible to each regular 
education teacher, special education teacher, related service 
provider, and other service provider who is responsible for its 
implementation, and that each teacher and provider is informed of:
    (i) His or her specific responsibilities related to implementing 
the child's IEP; and
    (ii) The specific accommodations, modifications, and supports 
that must be provided for the child in accordance with the IEP.
    (7) Review the IEP for each child at least annually in a CSC 
meeting to determine whether the annual goals for the child are 
being achieved.
    (8) Revise the IEP, as appropriate, to address:
    (i) Any lack of progress toward the annual goals and in the 
general curriculum, where appropriate.
    (ii) The results of any reevaluation.
    (iii) Information about the child provided by the parents.
    (iv) The child's anticipated needs.

F. Transferring Students

    (1) When a student transfers to a DoD school with a current IEP 
from a non-DoD school, the CSC shall convene promptly an IEP meeting 
to address eligibility and special education services as described 
in sections C and D of this appendix. The CSC may:
    (i) Accept the child's current IEP by notifying and obtaining 
consent of the parents to use the current IEP and all elements 
contained in it.
    (ii) Initiate a CSC meeting to revise the current IEP, if 
necessary.
    (iii) Initiate an evaluation of the child, if necessary.
    (2) When a student with a current IEP transfers from one DoD 
school to another, the CSC shall accept the child's eligibility and 
current IEP by notifying and obtaining consent of the parents to use 
the current IEP and all elements contained in it.

G. Least Restrictive Environment

    (1) To the maximum extent, a child with a disability should be 
placed with children who are not disabled. Special classes, separate 
schooling, or other removal of a child with a disability from the 
regular education environment shall occur only when the type or 
severity of the disability is such that education in regular classes 
with the use of supplementary aids and services cannot be achieved 
satisfactorily.
    (2) A child shall not be placed by the DoD school system in any 
special education program unless the CSC has developed an IEP. If a 
child with a disability is applying for initial admission to a 
school, the child shall enter on the same basis as a child without a 
disability. A child with an IEP, and with the consent of a parent 
and school officials, may receive an initial placement in a special 
education program under procedures listed in section F of this 
appendix.
    (3) A placement decision requires the following:
    (i) Parent participation in the decision and parent consent to 
the placement before actual placement of the child, except as 
otherwise provided in paragraph H.(2) of this appendix.
    (ii) Delivery of educational instruction and related services in 
the least restrictive environment.
    (iii) The CSC to base placements on the IEP and to review the 
IEP at least annually.
    (iv) The child to participate, to the maximum extent appropriate 
to the needs and abilities of the child, in school activities 
including meals, assemblies, recess periods, and field trips with 
children who are not disabled.
    (v) Consideration of factors affecting the child's well-being, 
including the effects of separation from parents.
    (vi) A child to attend a DoD school that is located as close as 
possible to the residence of the parent who is sponsoring the 
child's attendance. Unless otherwise required by the IEP, the school 
should be the same school that the child would have attended had he 
or she not been disabled.

H. Discipline

    (1) All regular disciplinary rules and procedures applicable to 
children attending a DoD school shall apply to children with 
disabilities who violate school rules and regulations or disrupt 
regular classroom activities, subject to the following provisions. 
School personnel may remove a child with a disability from the 
child's current placement (to the extent removal would be applied to 
children who are not disabled):

[[Page 32675]]

    (i) On an emergency basis for the duration of the emergency when 
it reasonably appears that the child's behavior may endanger the 
health, welfare, or safety of self or any other child, teacher, or 
school personnel.
    (ii) For not more than 10-cumulative school days in a school 
year for any violation of school rules.
    (2) Change of Placement. If a child is removed from his or her 
current placement for more than 10-cumulative school days in a 
school year, it is considered a change of placement.
    (i) Not later than the date on which the decision to make a 
change in placement is made, the school must notify parents of the 
decision and of all procedural safeguards, as described in section B 
of appendix F of this part.
    (ii) Not later than 10 days following the change of placement, 
the CSC must:
    (A) Convene a meeting of the IEP team and other qualified 
personnel to conduct a manifestation determination as described in 
paragraph H.(5) of this appendix and
    (B) Convene an IEP meeting to review the IEP to develop 
appropriate behavioral interventions to address the child's behavior 
and implement those interventions. This review may be conducted at 
the same meeting that is convened under paragraph H.(2)(ii)(A) of 
this appendix.
    (i) If the child has a behavioral intervention plan, the CSC 
must review the plan and its implementation, and modify the plan and 
its implementation as necessary, to address the behavior.
    (ii) If the child does not have a behavioral intervention plan, 
the CSC must develop an assessment plan to include a functional 
behavioral assessment.
    (iii) As soon as practicable after developing the assessment 
plan and completing the assessments required by the plan, the CSC 
must convene an IEP meeting to develop a behavioral intervention 
plan to address that behavior, and shall implement the plan.
    (3) After a child with a disability has been removed from his or 
her current placement for more than 10-cumulative school days in a 
school year, during any subsequent days of removal the DoD school 
system must provide services to the extent necessary to enable the 
child to appropriately progress in the general curriculum and 
appropriately advance toward achieving the goals set out in the 
child's IEP.
    (4) Alternative Education Setting (AES). School personnel may 
order a change in placement of a child with a disability in 
accordance with the requirements of paragraph H.(2) of this appendix 
to an appropriate interim AES for the same amount of time that a 
non-disabled child would be subject to discipline, but for not more 
than 45 days, if:
    (i) The child carries a weapon to school or to a school function 
under the jurisdiction of the DoD school system; or
    (ii) The child knowingly possesses or uses illegal drugs or 
sells or solicits the sale of a controlled substance while at school 
or at a school function under the jurisdiction of a DoD school 
system.
    (5) Manifestation Determination. The CSC shall determine whether 
the child's behavior is the result of the child's disability by 
considering all relevant information including evaluation results, 
observation of the child, information provided by the parents of the 
child, and the child's IEP and placement.
    (i) Unless all of the following are evident, the CSC must 
consider the child's behavior to be a manifestation of the 
disability:
    (A) IEP and placement were appropriate and the special education 
services, supplementary aides and services, and behavior 
intervention strategies were provided consistent with the child's 
IEP and placement;
    (B) The child's disability did not impair his or her ability to 
understand the impact and consequences of the behavior subject to 
the disciplinary action; and
    (C) The child's disability did not impair his or her ability to 
control the behavior subject to disciplinary action.
    (ii) If the CSC determines that the child's behavior was a 
manifestation of the disability, the child is not subject to removal 
from current educational placement as a disciplinary action, except 
as provided for in paragraph H.(1)(i) of this appendix.
    (A) The child's parents shall be notified of the right to have 
an IEP meeting before any changes in the child's placement.
    (B) The CSC shall address the behavior that was the subject of 
the disciplinary action, by:
    (i) Reviewing the child's educational placement to ensure that 
it is appropriate in consideration of the child's behavior.
    (ii) Revising the IEP to include goals, services, and 
modifications that address the behavior subject to disciplinary 
action, as necessary.
    (iii) If the CSC determines that the child's behavior was not 
the result in whole or part of the disability, relevant disciplinary 
procedures may be applied to the child in the same manner in which 
it would be applied to a child without a disability, except as 
provided in FAPE.

I. Parent Appeal

    (1) If the parent disagrees with the manifestation determination 
or with any decision regarding placement, the parent may request a 
hearing.
    (2) The school system shall arrange for an expedited hearing in 
accordance with appendix G of this part.
    (3) Placement During Appeal. When a parent requests a hearing 
challenging placement in an interim AES, the child shall remain in 
the interim AES pending the decision of the hearing officer or until 
the expiration of the time period provided for in paragraph H.(3) of 
this appendix whichever comes first, unless the parent and the 
school system agree otherwise.
    (i) After expiration of the interim AES, during the pendency of 
any proceedings to challenge the proposed change in placement, the 
child shall return and remain in the child's placement prior to the 
interim AES.
    (ii) If the school personnel maintain that it is dangerous for 
the child to return to his or her placement prior to the interim 
AES, the DoD school system may request an expedited hearing.

J. Order by a Hearing Officer

    A hearing officer may order a change in the placement of a child 
with a disability to an interim AES for not more than 45 days, if 
the hearing officer:
    (1) Determines that the DoD school system has demonstrated by 
substantial evidence that maintaining the current placement of such 
child is substantially likely to result in injury to the child or to 
others.
    (2) Considers the appropriateness of the child's current 
placement.
    (3) Considers whether the school system has made reasonable 
efforts to minimize the risk of harm in the child's current 
placement, including the use of supplementary aids and services; and
    (4) Determines that the interim AES meets the requirements of 
section A of this appendix.

K. Children Not Yet Determined Eligible for Special Education

    Children who have not yet been determined eligible for special 
education and who have violated the disciplinary rules and 
procedures may assert the protections of the IDEA if the DoD school 
system had knowledge that the child had a disability before the 
behavior occurred.
    (1) The DoD school system is considered to have had knowledge 
if:
    (i) The parents expressed concern in writing to the school 
system personnel that the child needed special education or related 
services.
    (ii) The child's behavior or performance indicated a need for 
services.
    (iii) The child's parents requested an evaluation; or
    (iv) The child's teacher or other DoD school system personnel 
expressed concern about the behavior or performance to the CSC, the 
school principal, assistant principal, or district special education 
coordinator.
    (2) If the DoD school system does not have knowledge of a 
disability prior to disciplinary action, the child shall be subject 
to the regular disciplinary rules and procedures.
    (3) If an evaluation were requested during the time the child is 
subjected to disciplinary action, the evaluation shall be expedited. 
The child shall remain in his or her current placement until 
determined eligible for special education or related services.
    (4) The DoD school system is not constrained from reporting 
crime to the appropriate law enforcement authorities and shall 
ensure that special education and disciplinary records are 
transmitted to the appropriate law enforcement and judicial 
authorities.

L. Children With Disabilities Who Are Placed in a NON-DoD School or 
Facility

    (1) Children with disabilities who are eligible to receive a DoD 
school system education, but are placed in a non-DoD school or 
facility by a DoD school system, shall have all the rights of 
children with disabilities who are enrolled in a DoD school.
    (2) A child with a disability may be placed in a non-DoD school 
or facility only if required by the IEP.

[[Page 32676]]

    (3) Placement by DoDDS in a host-nation non-DoD school or 
facility shall be made under the host-nation requirements.
    (4) Placement by DoDDS in a host-nation non-DoD school or 
facility is subject to all treaties, executive agreements, and 
status of forces agreements between the United States and the host 
nations, and all DoD and DoD school system regulations.
    (5) If a DoD school system places a child with a disability in a 
non-DoD school or facility as a means of providing special education 
and related services, the program of that institution, including 
non-medical care and room and board, as prescribed in the child's 
IEP, must be provided at no cost to the child or the child's 
parents. The DoD school system or the responsible DoD Component 
shall pay the costs in accordance with this part.
    (6) DoD school officials shall initiate and conduct a meeting to 
develop an IEP for the child before placement. A representative of 
the non-DoD school or facility should attend the meeting. If the 
representative cannot attend, the DoD school system officials shall 
communicate in other ways to ensure participation including 
individual or conference telephone calls. The IEP must meet the 
following standards:
    (i) Be signed by an authorized DoD school system official before 
it becomes valid.
    (ii) Include a determination that the DoD school system does not 
currently have or cannot reasonably create an educational program 
appropriate to meet the needs of the child with a disability.
    (iii) Include a determination that the non-DoD school or 
facility and its educational program and related services conform to 
the requirements of this part.
    (7) Cost of Tuition for Non-DoD School or Facility. The 
Department of Defense is not authorized to reimburse the costs of 
special education if a parent unilaterally places the student in a 
non-DoD school without approval of the cognizant CSC and the 
Superintendent, in coordination with the Director of the DoD school 
system. A valid IEP must document the necessity of the placement in 
a non-DoD school or facility.
    (i) Reimbursement may be required if a hearing officer 
determines that the DoD school system had not made FAPE available in 
a timely manner prior to enrollment in the non-DoD school and that 
the private placement is appropriate.
    (ii) Reimbursement may be reduced or denied if the parents did 
not inform the CSC that the placement determined by the CSC was 
rejected, including a statement of their concerns, and that they 
intended to place a child in a non-DoD school; or if 10 business 
days (Monday through Friday, except for Federal holidays) prior to 
the parents' removal of the child from the school, the parents 
failed to provide written notice to the DoD school system of their 
rejection of the placement decision concerning the child, the 
reasons for their rejection, and their intent to remove the child; 
or if the CSC informed parents of its intent to evaluate the child, 
but parents did not make the child available.
    (iii) Reimbursement may not be reduced or denied for failure to 
provide the required notice if the parents cannot read and write in 
English; compliance would result in physical or emotional harm to 
the child; the DoD school prevented the parent from providing 
notice; or the parents had not received notice of a requirement to 
provide required notice.

M. Confidentiality of the Records

    The DoD school system and EDIS officials shall maintain all 
student records in accordance with DoD Directive 5400.11.

N. Dispute Resolution

    A parent, teacher, or other person covered by this part may file 
a written complaint about any aspect of this part that is not a 
proper subject for adjudication by a due process hearing officer, in 
accordance with DSR 2500.11.

Appendix C to Part 57--Procedures for the Provision of Related Services 
by the Military Medical Departments to DoDDS Students on IEPs

A. Evaluation Procedures

    (1) Upon request by a DoDDS CSC, the responsible EDIS shall 
ensure that a qualified medical authority conducts or verifies a 
medical evaluation for use by the CSC in determining the medically 
related disability that results in a child's need for special 
education and related services, and oversees an EDIS evaluation used 
in determining a child's need for related services.
    (i) This medical or related services evaluation, including 
necessary consultation with other medical personnel, shall be 
supervised by a physician or other qualified healthcare provider.
    (ii) This medical evaluation shall include a review of general 
health history, current health assessment, systems evaluation to 
include growth and developmental assessment, and, if pertinent, 
detailed evaluation of gross motor and fine motor adaptive skills, 
psychological status, and visual and audiological capabilities, 
including details of present level of performance in each of these 
areas affecting the student's performance in school.
    (iii) The EDIS-related services evaluation shall be specific to 
the areas addressed in the referral by the CSC.
    (2) EDIS shall provide a summary evaluation report to the CSC 
that responds to the questions posed in the original referral. The 
written report shall include:
    (i) Demographic information about the child.
    (ii) Behavioral observation of the child during testing.
    (iii) Instruments and techniques used.
    (iv) Evaluation results.
    (v) Descriptions of the child's strengths and limitations.
    (vi) Instructional implications of the findings; and
    (vii) The impact of the child's medical condition(s), if 
applicable, on his or her educational performance.
    (3) If EDIS determines that in order to respond to the CSC 
referral the scope of its assessment and evaluation must be expanded 
beyond the areas specified in the initial parental permission, EDIS 
must:
    (i) Obtain parental permission for the additional activities.
    (ii) Complete their initial evaluation by the original due date; 
and
    (iii) Notify the CSC of the additional evaluation activities.
    (4) When additional evaluation information is submitted by EDIS, 
the CSC shall review all data and determine the need for program 
changes and/or the reconsideration of eligibility.
    (5) An EDIS provider shall serve on the CSC when eligibility, 
placement, or requirements for related services that EDIS provides 
are to be determined.
    (6) Related services provided by EDIS, pursuant to an IEP, are 
educational and not medical services.

B. IEP

    (1) EDIS shall be provided the opportunity to participate in the 
IEP meeting.
    (2) EDIS shall provide related services assigned to EDIS that 
are listed on the IEP.

C. Liaison With DoDDS

    Each EDIS shall designate an EDIS Liaison Officer to:
    (1) Provide liaison between the EDIS and DoDDS schools.
    (2) Offer, on a consultative basis, training for DoDDS personnel 
on medical aspects of specific disabilities.
    (3) Offer consultation and advice as needed regarding the health 
services provided at school (for example, tracheostomy care, tube 
feeding, occupational therapy).
    (4) Participate with DoDDS and legal personnel in developing and 
delivering in-service training programs that include familiarization 
with various conditions that impair a child's educational endeavors, 
the relationship of medical findings to educational functioning, 
related services, and this part.

Appendix D to Part 57--The DoD-AP

A. Membership

    (1) The DoD Advisory Panel on Early Intervention and Special 
Education shall meet as needed in publicly announced, accessible 
meetings open to the general public and shall comply with DoD 
Directive 5105.4. The DoD-AP members, appointed by the Secretary of 
Defense, or designee, shall include at least one representative from 
each of the following groups:
    (i) Persons with disabilities.
    (ii) Representatives of the Surgeons General of the Military 
Departments.
    (iii) Representatives of the family support programs of the 
Military Departments.
    (iv) Special education teachers from the DoD school system.
    (v) Regular education teachers from the DoD school system.
    (vi) Parents of children, ages 3 through 21 years, inclusive, 
who are receiving special education from the DoD school system.
    (vii) Parents of children, ages birth through 2 years, 
inclusive, who are receiving EIS from EDIS.
    (viii) Institutions of higher education that prepare early 
intervention, special education, and related services personnel.
    (ix) Special education program managers from the DoD school 
systems.

[[Page 32677]]

    (x) Representatives of the Military Departments and overseas 
commands, including providers of early intervention and related 
services.
    (xi) Representatives of vocational community, or business 
organizations concerned with transition services.
    (xii) Other appropriate persons.
    (2) A majority of panel members shall be individuals with 
disabilities or parents of children, ages birth through 2 years, 
inclusive, who are receiving EIS from EDIS and children, ages 3 
through 21 years, inclusive who are receiving special education from 
the DoD school system.
    (3) The DoD-AP members shall serve under appointments that shall 
be for a term not to exceed 3 years.

B. Responsibilities

    (1) Advise the USD(P&R) of unmet needs within the Department of 
Defense in the provision of special services to infants, toddlers, 
and children with disabilities.
    (2) Advise and assist the Military Departments in the 
performance of their responsibilities, particularly the 
identification of appropriate resources and agencies for providing 
EIS and promoting inter-Component agreements.
    (3) Advise and assist the DoD schools systems on the provision 
of special education and related services, and on transition of 
toddlers with disabilities to preschool services.

C. Activities

    The DoD-AP shall perform the following activities:
    (1) Review information about improvements in service provided to 
children with disabilities, ages birth through 21, inclusive, in the 
Department of Defense.
    (2) Receive and consider comments from parents, students, 
professional groups, and individuals with disabilities.
    (3) Review policy memoranda on effective inter-Department and 
inter-Component collaboration.
    (4) Review the findings of fact and decisions of each impartial 
due process hearing conducted under appendix G of this part.
    (5) Review reports of technical assistance and monitoring 
activities.
    (6) Make recommendations based on program and operational 
information for changes in policy and procedures and in the budget, 
organization, and general management of the programs providing 
special services.
    (i) Identify strategies to address areas of conflict, overlap, 
duplication, or omission of services.
    (ii) When necessary, establish committees for short-term 
purposes comprised of representatives from parent, student, 
professional groups, and individuals with disabilities.
    (iii) Assist in developing and reporting such information and 
evaluations as may assist the Department of Defense.
    (iv) Comment publicly on rules or standards about EIS for 
infants and toddlers, ages birth through 2 years, and special 
education of children with disabilities, ages 3 through 21 years, 
inclusive.
    (v) Perform such other tasks as may be requested by the 
USD(P&R).

D. Reporting Requirements

    (1) Submit an annual report of the DoD-AP's activities and 
suggestions to the DoD Coordinating Committee, by July 31 of each 
year.
    (2) That report is exempt from formal review and licensing under 
section 5 of DoD Instruction 7750.7

Appendix E to Part 57--DoD-CC on Early Intervention, Special Education, 
and Related Services

A. Committee Membership

    The DoD-CC shall meet at least yearly to facilitate 
collaboration in early intervention, special education, and related 
services in the Department of Defense. The DoD-CC shall consist of 
the following members, appointed by the Secretary of Defense or 
designee:
    (1) A representative of the USD(P&R) or designee, who shall 
serve as the Chair.
    (2) Representatives of the Secretaries of the Military 
Departments.
    (3) A representative of the TRICARE Management Activity.
    (4) Representatives from the DoD school systems.
    (5) A representative from the GC, DoD.

B. Responsibilities

    (1) Advise and assist the USD(P&R) in the performance of his or 
her responsibilities.
    (2) At the direction of the USD(P&R), advise and assist the 
Military Departments, and the DoD school systems in the coordination 
of services among providers of early intervention, special 
education, and related services.
    (3) Ensure compliance in the provision of EIS for infants and 
toddlers and special education and related services for children 
ages 3 through 21 years, inclusive.
    (4) Review the recommendations of the DoD-AP to identify common 
concerns, ensure coordination of effort, and forward issues 
requiring resolution to the USD(P&R).
    (5) Assist in the coordination of assignments of sponsors who 
have children with disabilities who are or who may be eligible for 
special education and related services in the DoDDS or EIS through 
the Military Departments.
    (6) Perform other duties as assigned by the USD(P&R), including 
monitoring the delivery of services under this part.

Appendix F of Part 57--Parent and Student Rights

A. Parental Consent

    (1) The consent of a parent of a child with a disability or 
suspected of having a disability shall be obtained before any of the 
following:
    (i) Initiation of formal evaluation procedures or re-evaluation.
    (ii) Provision of EIS or initial educational placement.
    (iii) Change in EIS or educational placement.
    (2) If a parent of an infant or toddler (birth through 2 years 
of age) does not provide consent for participation in all EIS, the 
services shall still be provided for those interventions to which a 
parent does give consent.
    (3) If the parent of a child 3 through 21 years, inclusive, 
refuses consent to initial evaluation, reevaluation, or initial 
placement in a special education program, the DoD school system or 
the parent may do the following:
    (i) Request a conference between the school and parents.
    (ii) Request mediation.
    (iii) Initiate an impartial due process hearing under appendix G 
of this part to show cause as to why an evaluation or placement in a 
special education program should or should not occur without such 
consent. If the hearing officer sustains the DoD school system's 
position in the impartial due process hearing, the DoD school system 
may evaluate or provide special education and related services to 
the child without the consent of a parent, subject to the further 
exercise of due process rights.
    (4) The Department of Defense shall protect the child's rights, 
by assigning an individual to act as a surrogate for the parents, 
when after reasonable effort the Department of Defense cannot locate 
the parents.

B. Procedural Safeguards

    Parents of children with disabilities are afforded the following 
procedural safeguards, consistent with appendix G of this part to 
ensure that their children receive appropriate special services:
    (1) The timely administrative resolution of parental complaints, 
including hearing procedures with respect to any matter relating to 
the identification, evaluation, or educational placement of the 
child, or the provision of EIS for an infant or toddler, age birth 
through 2 years, or a free appropriate public education for the 
child, age 3 through 21 years, inclusive.
    (2) The right to confidentiality of personally identifiable 
information under DoD Directive 5400.11.
    (3) The right to provision of written notice and to have 
furnished consent prior to the release of relevant information 
outside the Department of Defense.
    (4) The right to determine whether they, their child, or other 
family members shall accept or decline any portion of EIS, without 
jeopardizing the provision of other EIS.
    (5) The opportunity to examine records on assessment, screening, 
eligibility determinations, and the development and implementation 
of the IFSP and IEP.
    (6) Written Notice. The right to prior written notice when the 
EDIS or school proposes, or refuses, to initiate or change the 
identification, evaluation, placement or provision of special 
services to the child with a disability.
    (i) The notice must be in sufficient detail to inform the 
parents about:
    (A) The action that is being proposed or refused;
    (B) The reasons for taking the action;
    (C) All procedural safeguards that are available under this part 
as described in paragraph B.(7) of this appendix; and
    (D) Conflict resolution procedures, including a description of 
mediation and due

[[Page 32678]]

process hearings procedures and applicable timelines, as defined in 
appendix G of this part.
    (ii) The notice must be provided in the native language of the 
parent or other mode of communication used by the parent, unless it 
is clearly not feasible to do so.
    (7) Procedural Safeguards Notice. Parents must be given a 
Procedural Safeguards Notice, at a minimum, upon initial referral 
for evaluation, upon each notification of an IFSP or IEP meeting, 
upon reevaluation of the child, and upon receipt of a request for 
due process.
    (i) The procedural safeguards notice must include a full 
explanation of all of the procedural safeguards available with 
regard to the matters in paragraph B.(7) of this appendix including 
the right to:
    (A) Independent educational evaluation for school-aged children.
    (B) Prior written notice.
    (C) Parental consent.
    (D) Access to educational or early intervention records.
    (E) Opportunity to present complaints.
    (F) The child's placement during pendency of due process 
proceedings.
    (G) Procedures for children (3 through 21 years, inclusive) who 
are subject to placement in an interim alternative educational 
setting.
    (H) Requirements for unilateral placement by parents of children 
in private schools at public expense.
    (I) Mediation.
    (J) Due process hearings, including requirements for disclosure 
of evaluation results and recommendations.
    (K) Civil actions.
    (L) The DoD complaint system, including a description of how to 
file a complaint and the timelines under those procedures.
    (ii) The procedural safeguards notice must be:
    (A) Written in language understandable to the general public.
    (B) Provided in the native language of the parent or other mode 
of communication used by the parent, unless it is clearly not 
feasible to do so. If the native language or other mode of 
communication of the parent is not a written language, the school 
system shall take steps to ensure that:
    (i) The notice is translated orally or by other means to the 
parent in his or her native language or other mode of communication.
    (ii) The parent understands the content of the notice; and
    (iii) There is written evidence that the requirements in 
paragraph B.(7)(ii)(A) and paragraph B.(7)(ii)(B) of this appendix 
have been met.
    (8) Independent Educational Evaluation. A parent of a child (3 
through 21 years, inclusive) may be entitled to an independent 
educational evaluation of the child at the expense of the DoD school 
system if the parent disagrees with the DoD school system's 
evaluation of the child.
    (i) If a parent requests an independent educational evaluation 
at the school system's expense, the DoD school system must, without 
unnecessary delay, either:
    (A) Initiate an impartial due process hearing to show that its 
evaluation is appropriate; or
    (B) Ensure an independent evaluation is provided at the DoD 
school system's expense. Unless the DoD school system demonstrates 
in an impartial due process hearing that an independent evaluation 
obtained by the parent did not meet DoD school system criteria. In 
such cases, the parents must bear the cost of the evaluation.
    (ii) If the DoD school system initiates a hearing and the 
decision is that the DoD school system's evaluation is appropriate, 
the parents still have the right to an independent evaluation, but 
not at the school system's expense.
    (iii) An independent educational evaluation provided at the DoD 
school system's expense must do the following:
    (A) Conform to the requirements of this part.
    (B) Be conducted, when possible, in the area where the child 
resides.
    (C) Meet DoD standards governing persons qualified to conduct an 
educational evaluation, including an evaluation for related 
services.
    (9) The DoD school system, the CSC, and a hearing officer 
appointed under this part shall consider any evaluation report 
presented by a parent.
    (10) Access to Records. The parents of a child with a disability 
shall be afforded an opportunity to inspect and review educational 
records about the identification, evaluation, and educational 
placement of the child, and the provision of a free public education 
for the child.
    (11) Due Process Rights. (i) The parent of a child with a 
disability, the Military Department, or the DoD school system has 
the opportunity to file a written petition for an impartial due 
process hearing under appendix G of this part. The petition may 
concern issues affecting a particular child's identification, 
evaluation, or placement, or the provision of EIS or a free and 
appropriate public education.
    (ii) While an impartial due process hearing or judicial 
proceeding is pending, unless the EDIS or the DoD school system and 
the parent of the child agree otherwise, the child shall remain in 
his or her present educational setting, subject to the disciplinary 
procedures prescribed in section H of appendix B of this part.
    (12) Transfer of Parental Rights at Age of Majority. (i) In the 
DoD school systems, a child reaches the age of majority at age 18.
    (ii) When a child with a disability reaches the age of majority 
(except for a child with a disability who has been determined to be 
incompetent under State law) the rights accorded to parents under 
this Part transfer to the child.
    (iii) When a child reaches the age of majority, the DoD school 
system shall notify the individual and the parents of the transfer 
of rights.
    (iv) When a child with a disability who has reached the age of 
majority, who has not been determined to be incompetent, but who 
does not have the ability to provide informed consent with respect 
to his or her educational program, the Department of Defense shall 
establish procedures for appointing the parent of the child to 
represent the educational interests of the child throughout the 
period of eligibility for special education services.

Appendix G to Part 57--Mediation and Hearing Procedures

A. Purpose

    This appendix establishes requirements for the resolution of 
conflicts through mediation and impartial due process hearings. 
Parents of infants, toddlers, and children who are covered by this 
Part and, as the case may be, the cognizant Military Medical 
Department or the DoD school system are afforded impartial mediation 
and/or impartial due process hearings and administrative appeals 
about the provision of EIS, or the identification, evaluation, 
educational placement of, and the FAPE provided to, such children by 
the Department of Defense, in accordance with sections 927 and 1400 
of 20 U.S.C. and section 2164 of 10 U.S.C.

B. Mediation

    (1) Mediation may be initiated by either a parent or the 
Military Medical Department concerned or the DoD school system to 
resolve informally a disagreement on any matter relating to the 
identification, evaluation, or educational placement of the child, 
or the provision of a FAPE to such child.
    (i) The DoD school system shall participate in mediation 
involving special education and related services.
    (ii) The cognizant Military Medical Department shall participate 
in mediation involving EIS.
    (2) The party initiating mediation must notify the other party 
to the mediation of its request to mediate. The initiating party's 
request must be written, include a written description of the 
dispute and bear the signature of the requesting party. Formal 
acknowledgement of the request for mediation shall occur in a timely 
manner. The parties may jointly request mediation.
    (3) Upon agreement of the parties to mediate a dispute, the 
Military Medical Department or DoD school shall forward a request 
for a mediator to higher headquarters, or request a mediator through 
the Director, Defense Office of Hearings and Appeals (DOHA).
    (i) The cognizant DoDDS Area Special Education Coordinator or 
the DDESS District Superintendent shall promptly appoint a mediator. 
The Director, DOHA, through the DoHA Office of Alternate Dispute 
Resolution (ADR), shall maintain a roster of mediators trained in 
ADR methods, knowledgeable in laws and regulations related to 
special education, and available to mediate disputes upon request. 
When requested, the Director, DOHA, through the Office of ADR, shall 
appoint a mediator within 15 business days of receiving the request 
for a due process hearing, unless a party provides written notice to 
the Director, DOHA that the party refuses to participate in 
mediation.
    (ii) The mediator assigned to a dispute shall not be employed by 
the Military Medical Department or the DoD school system involved, 
unless the parties agree otherwise.

[[Page 32679]]

    (4) Unless both parties agree otherwise, mediation shall 
commence in a timely manner after both parties agree to mediation.
    (5) The parents of the infant, toddler or child and 2 
representatives of the EDIS or DoD school may participate in 
mediation. With the consent of both parties, other persons may 
participate in mediation. Either party may recess a mediation 
session to consult advisors, whether or not present, or to consult 
privately with the mediator.
    (6) If the parties resolve the dispute or a portion of the 
dispute, or agree to use another procedure to resolve the dispute, 
the mediator shall ensure that the resolution or agreement is 
reduced to writing and that it is signed and dated by the parties 
and that a copy is given to each party. The resolution or agreement 
is legally binding upon the parties.
    (7) Discussions that occur during the mediation process shall be 
confidential and may not be used as evidence in any subsequent due 
process hearing or civil proceeding. Unless the parties and the 
mediator agree, no person may record a mediation session, nor should 
any written notes be taken from the room by either party. The 
mediator may require the parties to sign a confidentiality pledge 
before the commencement of mediation.
    (8) Parents must be provided an opportunity to meet with 
appropriate EDIS or DoD school system staff in at least one 
mediation session, if they request a due process hearing in 
accordance with sections A through H of this appendix. The parents 
and the Military Medical Department or DoD school system must 
participate in mediation, unless a party objects to mediation.
    (9) Mediation shall not delay hearings or appeals related to the 
dispute. All mediation sessions shall be held in a location that is 
convenient to the parties. The Military Medical Department in 
mediations concerning EIS or the DoD school system in mediations 
concerning special education and related services shall bear the 
cost of the mediation process.
    (10) Any hearing officer or adjudicative body may draw no 
negative inference from the fact that a mediator or a party withdrew 
from mediation or that mediation did not result in settlement of a 
dispute.

C. Hearing Administration

    (1) The Defense Office of Hearings and Appeals (DOHA) shall have 
administrative responsibility for the proceedings authorized by 
sections D through H of this appendix.
    (2) This appendix shall be administered to ensure that the 
findings, judgments, and determinations made are prompt, fair, and 
impartial.
    (3) Impartial hearing officers, who shall be DOHA Administrative 
Judges, shall be appointed by the Director, DOHA, and shall be 
attorneys in good standing of the bar of any State, the District of 
Columbia, or a commonwealth, territory or possession of the United 
States, who are also independent of the DoD school system or the 
Military Medical Department concerned in proceedings conducted under 
this appendix. A parent shall have the right to be represented in 
such proceedings by counsel or by persons with special knowledge or 
training with respect to the challenges of individuals with 
disabilities. The DOHA Department Counsel normally shall appear and 
represent the DoD school system in proceedings conducted under this 
appendix, when such proceedings involve a child age 3 to 21, 
inclusive. When an infant or toddler is involved, the Military 
Medical Department responsible under this part for delivering EIS 
shall either provide its own counsel or request counsel from the 
DOHA.

D. Hearing Practice and Procedure

    (1) Hearing. (i) Should mediation be refused or otherwise fail 
to resolve the issues on the provision of EIS to an infant or 
toddler or the identification or evaluation of such an individual, 
the parent may request and shall receive a hearing before a hearing 
officer to resolve the matter. The parents of an infant or toddler 
and the Military Medical Department concerned shall be the only 
parties to a hearing conducted under this appendix.
    (ii) Should mediation be refused or otherwise fail to resolve 
the issues on the provision of a FAPE to a child with a disability, 
age 3 to 21, inclusive, or the identification, evaluation, or 
educational placement of such an individual, the parent or the 
school principal, for the DoD school system, may request and shall 
receive a hearing before a hearing officer to resolve the matter. 
The parents of a child age 3 to 21, inclusive, and the DoD school 
system shall be the only parties to a hearing conducted under this 
appendix.
    (2) The parents and the Military Medical Department or DoD 
school system must have an opportunity to obtain an impartial due 
process hearing, if the parents object to:
    (i) A proposed formal educational assessment or proposed denial 
of a formal educational assessment of their child.
    (ii) The proposed placement of their child in, or transfer of 
their child to a special education program.
    (iii) The proposed denial of placement of their child in a 
special education program or the transfer of their child from a 
special education program.
    (iv) The proposed provision or addition of special education 
services for their child; or
    (v) The proposed denial or removal of special education services 
for their child.
    (3) The parent or the attorney representing the child shall 
include in the petition, the name of the child, the address of the 
residence of the child, the name of the school the child is 
attending, a description of the nature of the problem of the child 
relating to the proposed or refused initiation or change, including 
the facts relating to the problem, and a proposed resolution of the 
problem to the extent known and available to the parents at the 
time.
    (4) The DoD school system may file a written petition for a 
hearing to override a parent's refusal to grant consent for an 
initial evaluation, a reevaluation or an initial educational 
placement of the child. The DoD school system may also file a 
written petition for a hearing to override a parent's refusal to 
accept an IEP.
    (5) The party seeking the hearing shall submit the petition to 
the Director, DOHA, at P.O. Box 3656, Arlington, Virginia 22203. The 
petitioner shall deliver a copy of the petition to the opposing 
party (i.e., the parent or the school principal, for the DoD school 
system, or the military MTF commander, for the Military Medical 
Department), either in person or by first-class mail, postage 
prepaid. Delivery is complete on mailing. When the DoD school system 
or the Military Medical Department petitions for a hearing, it shall 
inform the other parties of the deadline for filing an answer under 
paragraph D.(6) of this appendix and shall provide the other parties 
with a copy of this part.
    (6) An opposing party shall submit an answer to the petition to 
the Director, DOHA, with a copy to the petitioner, at the latest by 
the 15th business day after receipt of the petition. The answer 
shall be as full and complete as possible, addressing the issues, 
facts, and proposed relief. The submission of the answer is complete 
upon mailing.
    (7) By 10 business days after receipt of the petition, the 
Director, DOHA, shall assign a hearing officer, who then shall have 
jurisdiction over the resulting proceedings. The Director, DOHA, 
shall forward all pleadings to the hearing officer.
    (8) The party requesting the hearing shall plead with 
specificity as to what issues are in dispute and all issues not 
specifically pleaded with specificity is deemed waived. Parties must 
limit evidence to the issues specifically pleaded. A party may amend 
a pleading if the amendment is filed with the hearing officer and is 
received by the other parties at least 10 business days before the 
hearing.
    (9) The Director, DOHA, shall arrange for the time and place of 
the hearing, and shall provide administrative support. The hearing 
shall be held in the DoD school district attended by the child or at 
the military base location of the EDIS clinic, unless the parties 
agree otherwise or upon a showing of good cause.
    (10) The purpose of a hearing is to establish the relevant facts 
necessary for the hearing officer to reach a fair and impartial 
determination of the case. Oral and documentary evidence that is 
relevant and material may be received. The technical rules of 
evidence shall be relaxed to permit the development of a full 
evidentiary record with the Federal Rules of Evidence, title 28, 
United States Code serving as guide.
    (11) The hearing officer shall be the presiding officer, with 
judicial powers to manage the proceeding and conduct the hearing. 
Those powers shall include the authority to order an independent 
evaluation of the child at the expense of the DoD school system or 
the Military Medical Department concerned and to call and question 
witnesses.
    (12) Those normally authorized to attend a hearing shall be the 
parents of the individual with disabilities, the counsel or personal 
representative of the parents, the counsel and professional 
employees of the DoDDS or the Military Medical Department concerned, 
the hearing officer, and a person qualified to transcribe or record 
the proceedings. The hearing officer may permit other persons to 
attend the hearing, consistent with the privacy interests of the 
parents and the

[[Page 32680]]

individual with disabilities. The parents have the right to an open 
hearing on waiving in writing their privacy rights and those of the 
individual with disabilities who is the subject of the hearing.
    (13) A verbatim transcription of the hearing shall be made in 
written or electronic form and shall become a permanent part of the 
record. A copy of the written transcript or electronic record of the 
hearing shall be made available to a parent on request and without 
cost. The hearing officer may allow corrections to the written 
transcript or electronic recording for conforming it to actual 
testimony after adequate notice of such changes is given to all 
parties.
    (14) The hearing officer's decision of the case shall be based 
on the record, which shall include the petition, the answer, the 
written transcript or the electronic recording of the hearing, 
exhibits admitted into evidence, pleadings or correspondence 
properly filed and served on all parties, and such other matters as 
the hearing officer may include in the record, if such matter is 
made available to all parties before the record is closed under 
paragraph D.(16) of this appendix.
    (15) The hearing officer shall make a full and complete record 
of a case presented for adjudication.
    (16) The hearing officer shall decide when the record in a case 
is closed.
    (17) The hearing officer shall issue findings of fact and 
conclusions of law in a case not later than 50 business days after 
being assigned to the case, unless a request for discovery is made 
by either party, as provided for in paragraph D.(5) of this appendix 
in which case the time required for such discovery does not count 
toward the 50 business days. The hearing officer may grant a 
specific extension of time for good cause either on his or her own 
motion or at the request of either party. Good cause includes the 
time required for mediation under section B of this appendix. If the 
hearing officer grants an extension of time, he or she shall 
identify the length of the extension and the reason for the 
extension in the record of the proceeding.

E. Discovery

    (1) Full discovery shall be available to parties to the 
proceeding, with the Federal Rules of Civil Procedure, Rules 26-37, 
codified at 28 U.S.C. serving as a guide.
    (2) If voluntary discovery cannot be accomplished, a party 
seeking discovery may file a motion with the hearing officer to 
accomplish discovery. The hearing officer shall grant an order to 
accomplish discovery upon a showing that the requested evidence is 
relevant and necessary. Relevant evidence is necessary when it is 
not cumulative and when it would contribute to a party's 
presentation of the case in some positive way on a matter in issue. 
A matter is not in issue when it is admitted or stipulated as a 
fact. An order granting discovery shall be enforceable as is an 
order compelling testimony or the production of evidence.
    (3) Records compiled or created in the regular course of 
business, which have been provided to a party prior to hearing in 
accordance with paragraph E.(2) of this appendix may be received and 
considered by the officer without authenticating witnesses.

F. Witnesses; Production of Evidence

    (1) All witnesses testifying at the hearing shall be advised 
that it is a criminal offense knowingly and willfully to make a 
false statement or representation to a Department or Agency of the 
U.S. Government as to any matter in the jurisdiction of that 
Department or Agency. All witnesses shall be subject to cross-
examination by the parties.
    (2) A party calling a witness shall bear the witness' travel and 
incidental expenses associated with testifying at the hearing. The 
DoD school system or the Military Medical Department concerned shall 
pay such expenses when a witness is called by the hearing officer.
    (3) The hearing officer may issue an order compelling the 
attendance of witnesses or the production of evidence on the hearing 
officer's own motion or, if good cause can be shown, on motion of 
either party.
    (4) When the hearing officer determines that a person has failed 
to obey an order to testify or to produce evidence, and such failure 
is in knowing and willful disregard of the order, the hearing 
officer shall so certify.
    (5) The party or the hearing officer seeking to compel testimony 
or the production of evidence may, based on the certification 
provided for in paragraph F.(4) of this appendix file an appropriate 
action in a court of competent jurisdiction to compel compliance 
with the hearing officer's order.
    (6) At least 5 business days prior to a hearing, the parties 
shall exchange lists of all documents and materials that each party 
intends to use at the hearing, including all evaluations and 
reports. Each party also shall disclose the names of all witnesses 
it intends to call at hearing along with a proffer of the 
anticipated testimony of each witness.
    (7) At least 10 business days in advance of hearing, each party 
must provide the name, title, curriculum vitae, and summary of 
proposed testimony of any expert witness it intends to call at 
hearing.
    (8) Failure to disclose documents, materials, or witnesses 
pursuant to paragraphs F.(6) and F.(7) of this appendix may result 
in the hearing officer barring their introduction at the hearing.

G. Hearing Officer's Findings of Fact and Decision

    (1) The hearing officer shall make written findings of fact and 
shall issue a decision setting forth the questions presented, the 
resolution of those questions, and the rationale for the resolution. 
The hearing officer shall file the findings of fact and decision 
with the Director, DOHA, with a copy to the parties.
    (2) The Director, DOHA, shall forward to the Director, of the 
DoD school system, or to the Military Medical Department concerned, 
copies with all personally identifiable information deleted, of the 
hearing officer's findings of fact and decision or, in cases that 
are administratively appealed, of the final decision of the DOHA 
Appeal Board.
    (3) The findings of fact and decision of the hearing officer 
shall become final unless a notice of appeal is filed under section 
I of this appendix. The DoD school system or the Military Medical 
Department concerned shall implement the decision as soon as 
practicable after it becomes final.

H. Determination Without Hearing

    (1) At the request of a parent of an infant, toddler, or child 
age 3 to 21, inclusive, when early intervention or special 
educational (including related) services are at issue, the 
requirement for a hearing may be waived, and the case may be 
submitted to the hearing officer on written documents filed by the 
parties. The hearing officer shall make findings of fact and 
conclusions of law in the period fixed by paragraph D.(17) of this 
appendix.
    (2) The DoD school system or the Military Medical Department 
concerned may oppose a request to waive a hearing. In that event, 
the hearing officer shall rule on that request.
    (3) Documents submitted to the hearing officer in a case 
determined without a hearing shall comply with paragraph F.(6) of 
this appendix. A party submitting such documents shall provide 
copies to all other parties.

I. Appeal

    (1) A party may appeal the hearing officer's findings of fact 
and decision by filing a written notice of appeal with the Director, 
DOHA, at P.O. Box 3656, Arlington, Virginia 22203, within 15 
business days of receipt of the findings of fact and conclusions of 
law. The notice of appeal must contain the appellant's certification 
that a copy of the notice of appeal has been provided to all other 
parties. Filing is complete on mailing.
    (2) Within 30 business days of receipt of the notice of appeal, 
the appellant shall submit a written statement of issues and 
arguments to the Director, DOHA, with a copy to the other parties. 
The other parties shall submit a reply or replies to the Director, 
DOHA, within 20 business days of receiving the statement, and shall 
deliver a copy of each reply to the appellant. Submission is 
complete on mailing.
    (3) The Director, DOHA, shall refer the matter on appeal to the 
DOHA Appeal Board. It shall determine the matter, including the 
making of interlocutory rulings, within 45 business days of 
receiving timely submitted replies under paragraph I.(2) of this 
appendix.
    (4) The determination of the DOHA Appeal Board shall be a final 
administrative decision and shall be in written form. It shall 
address the issues presented and set forth a rationale for the 
decision reached. A determination denying the appeal of a parent in 
whole or in part shall state that the parent has the right under 
sections 921-932 and chapter 33 of title 20, United States Code to 
bring a civil action on the matters in dispute in a district court 
of the United States of competent jurisdiction without regard to the 
amount in controversy.
    (5) No provision of this part or other DoD guidance may be 
construed as conferring a further right of administrative review. A 
party must exhaust all administrative remedies afforded by this 
appendix before seeking judicial review of a determination made 
under this appendix.

J. Publication and Indexing of Final Decisions

    The Director, DOHA, shall ensure that final decisions in cases 
arising under this

[[Page 32681]]

appendix are published and indexed to protect the privacy rights of 
the parents who are parties in those cases and the children of such 
parents, in accordance with DoD Directive 5400.11.

Appendix H to Part 57--Monitoring

A. Monitoring

    (1) The DoDEA and the Military Medical Departments shall 
establish procedures for monitoring special services requiring:
    (i) Periodic on-site monitoring at each administrative level.
    (ii) The DoD school systems to report annually that the 
provision of special education and related services is in compliance 
with this part.
    (iii) The Military Medical Departments to report annually that 
the provision of EIS is in compliance with this part.
    (2) The Director, DoDEA, and the Surgeons General of the 
Military Medical Departments shall submit reports to the DoD-CC not 
later than July 31 each year that summarize the status of 
compliance. The reports shall:
    (i) Identify procedures conducted at Headquarters and at each 
subordinate level, including on-site visits, to evaluate compliance 
with this part.
    (ii) Summarize the findings.
    (iii) Describe corrective actions required of the programs that 
were not in compliance and the technical assistance that shall be 
provided to ensure they reach compliance.

B. USD(P&R) Oversight

    (1) On behalf of the USD(P&R), the DoD-CC or designees, shall 
make periodic unannounced visits to selected programs to ensure the 
monitoring process is in place and to validate the compliance data 
and reporting. The DoD-CC may use other means in addition to the 
procedures in this section to ensure compliance with the 
requirements established in this part.
    (2) For DoD-CC monitoring visits, the Secretaries of the 
Military Departments, or designees, shall:
    (i) Provide necessary travel funding and support for their 
respective team members.
    (ii) Provide necessary technical assistance and logistical 
support to monitoring teams during monitoring visits to facilities 
for which they are responsible.
    (iii) Cooperate with monitoring teams, including making all 
pertinent records available to the teams.
    (iv) Address monitoring teams' recommendations concerning early 
intervention and related services for which the Secretary concerned 
has responsibility, including those to be furnished through an 
inter-Service agreement, are promptly implemented.
    (3) For DoD-CC monitoring visits, the Director, DoDEA shall:
    (i) Provide necessary travel funding and support for team 
members from the Office of the Under Secretary (P&R); the Office of 
GC, DoD; and DoD school systems.
    (ii) Provide necessary technical assistance and logistical 
support to monitoring teams during monitoring visits to facilities 
for which he/she is responsible.
    (iii) Cooperate with monitoring teams, including making all 
pertinent records available to the teams.
    (iv) Address the monitoring teams' recommendations concerning 
special education and related services for which the DoD school 
system concerned has responsibility.
    (4) The ASD(HA), or designee, shall provide technical assistance 
to the DoD monitoring teams when requested.
    (5) The GC, DoD, or designee, shall:
    (i) Provide legal counsel regarding monitoring activities 
conducted pursuant to this part to the USD(P&R), the ASD(HA), and, 
where appropriate, to DoDEA, monitored Agencies, and monitoring 
teams.
    (ii) Provide advice about the legal requirements of this part 
and Federal law to the DoD school systems, military medical 
commanders, and military installation commanders, and to other DoD 
personnel as appropriate, in connection with monitoring activities 
conducted pursuant to this part.

    Dated: May 26, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-12497 Filed 6-9-04; 8:45 am]
BILLING CODE 5001-06-P