[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71792-71793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24353]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[DOD-2007-OS-0117; RIN 0790-AH70]

32 CFR Part 57


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

AGENCY: Department of Defense.

ACTION: 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). This will bring the DoDDS and 
DDESS under a single rule codified at 32 CFR part 57. The rule 
integrates previous DoD policy memoranda.

DATES: Effective Date: This rule is effective December 19, 2007.

FOR FURTHER INFORMATION CONTACT: Dr. Rebecca Posante, 703-602-4949 
x114.

SUPPLEMENTARY INFORMATION: On June 10, 2004 (69 FR 32662), the 
Department of Defense published an interim final rule. No comments were 
received. The final rule had not been published sooner due to legal 
constraints. This rule adopts the rule as published.
    See 20 U.S.C. 927(c) (concerning DoDDS) and 10 U.S.C. 2164(f) 
(concerning DDESS). 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 
special education students (a) participate in system-wide or 
alternative testing, (b) are disciplined, (c) are suspended, or (d) are 
expelled; and requires the DoD Education Activity 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 (IEPs) 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

[[Page 71793]]

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, and 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.

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

0
Accordingly, the interim rule revising 32 CFR part 57 published at 69 
FR 32662 on June 10, 2004, is adopted as a final rule without change.

    Dated: December 11, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
 [FR Doc. E7-24353 Filed 12-18-07; 8:45 am]
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