Vol. 78 Friday, 

No. 240 December 13, 2013 

Part III 

Department of Defense 

Office of the Secretary 

32 CFR Part 57 

Provision of Early Intervention and Special Education Services to Eligible 

DoD Dependents; Proposed Rule 


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DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 57 

[Docket ID: DOD–2011–OS–0095] 

RIN 0790–AI77 

Provision of Early Intervention and 

Special Education Services to Eligible 

DoD Dependents 

AGENCY: Office of the Secretary, 

Department of Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule reissues 

the current regulations and establishes 

policy, assigns responsibilities, and 

implements the non-funding and nonreporting provisions of chapter 33 of 20 

U.S.C., ‘‘The Individuals with 

Disabilities Education Act (IDEA),’’ in 

DoD for: provision of early intervention 

services (EIS) to infants and toddlers 

with disabilities and their families, as 

well as special education and related 

services to children with disabilities 

entitled under this part to receive 

education services from the DoD; 

implementation of a comprehensive, 

multidisciplinary program of EIS for 

infants and toddlers with disabilities 

and their families who, but for age, are 

eligible to be enrolled in DoD schools; 

provision of a free appropriate public 

education (FAPE), including special 

education and related services, for 

children with disabilities, as specified 

in their individualized education 

programs (IEP), who are eligible to 

enroll in DoD schools; and monitoring 

of DoD programs providing EIS, and 

special education and related services 

for compliance with this part; and 

establishes a DoD Coordinating 

Committee to recommend policies and 

provide compliance oversight for early 

intervention and special education. 

DATES: Comments must be received by 

February 11, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Lorie A. Sebestyen, 703–588–0254. 

SUPPLEMENTARY INFORMATION:

I. Purpose of the Regulatory Action 

a. This proposed rule would revise 

the current regulations in 32 CFR part 

57 to incorporate the 2004 amendments 

to the IDEA and would establish other 

policy and assign responsibilities to 

implement the non-funding and nonreporting provisions of Parts B and C of 

the IDEA. Under 10 U.S.C. 2164(f) and 

20 U.S.C. 927(c), DoD implements, 

within the DoD school system, the 

Department of Defense Education 

Activity (DoDEA), the applicable 

statutory provisions of Parts B and C of 

the IDEA, other than the funding and 

reporting provisions. This proposed rule 

brings the DoD into compliance with the 

requirements of the non-funding and 

non-reporting provisions of IDEA by 

updating and amending the DoD 

implementation of the IDEA within the 

DoD school system. The revisions will 

ensure that eligible children with 

disabilities are afforded the services and 

safeguards as required by applicable 

statutory provisions of IDEA. The IDEA 

regulations in 34 CFR parts 300 and 303, 

which apply to States that receive funds 

from the U.S. Department of Education 

under IDEA Parts B and C, do not apply 

to the DoD school systems as DoD does 

not receive funds under the IDEA. 

Nothing in the proposed regulations in 

32 CFR part 57 would affect the 

applicability of the U.S. Department of 

Education’s regulations implementing 

IDEA in 34 CFR parts 300 and 303. 

b. The authority for the proposed 

regulatory changes to 32 CFR part 57 is 

10 U.S.C. 2164, 20 U.S.C. 921–932 and 

chapter 33, which is codified at 20 

U.S.C. 1400 et seq. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

This proposed rule identifies the 

services and procedural safeguards 

afforded to DoD dependent infants and 

toddlers and their families who are 

eligible for early intervention services 

under the IDEA and this part; identifies 

the services and procedural safeguards 

afforded to DoD dependent children 

with disabilities age 3–21 (inclusive) 

who are eligible for a free and 

appropriate public education under the 

IDEA and this part; outlines procedures 

and timelines for the transition of young 

children from early intervention 

services to school-based preschool 

services; identifies the procedures 

available for resolution of disputes 

regarding the provision of early 

intervention services, or special 

education and related services; 

establishes early intervention and 

special education monitoring and 

reporting requirements; and establishes 

procedures within the DoD for 

implementing the applicable statutory 

provisions of the IDEA and this part. 

III. Costs and Benefits 

The provision of early intervention 

and special education, and related 

services is funded through 

Congressional appropriations to the 

DoD. The Department of Defense 

Education Activity (DoDEA) and the 

medical elements of the Military 

Departments, which are responsible for 

providing services to children with 

special needs, receive their funding 

from DoD. DoDEA funding is in 

Defense-wide, Operation and 

Maintenance funds. The cost of the 

special education program is included 

in the combined DoDEA/Military 

Departments cost that is used to operate 

all parts of the educational program. 

The approximate cost for the special 

education program for FY2011 was 

$107,851,606.94. Total includes cost for 

personnel (salaries/benefits), contracts, 

travel, and equipment/supplies. 

The approximate cost for the 

provision of early intervention and 

related services by the Military 

Departments is $32,000,000 annually. 

Total includes cost for personnel, travel, 

professional development, and 

materials/supplies. 

This rule updates DoD guidance to 

reflect the current version of the 

requirements resulting from the nonfunding and non-reporting provisions of 

the IDEA, thereby ensuring that eligible 

infants and toddlers and children with 

disabilities, including those of military 

families, are aware of and provided the 

services and safeguards required by 

federal statute. The non-funding and 

non-reporting provisions of the IDEA 

are the substantive rights, protections, 

and procedural safeguards that apply to 

DoD. These are applicable as opposed to 

the ‘‘funding’’ and ‘reporting’ provisions 

because DoD schools and child 

development centers do not receive 

funding from the US Department of 

Education and therefore, the IDEA 

statutory reporting and related funding 

provisions do not apply to DoD. 


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Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

57 does not: 

(1) Have an annual effect on 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 these Executive Orders. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

57 does not contain a Federal mandate 

that may result in 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 32 CFR part 

57 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. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

57 does impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

These reporting requirements have been 

approved by OMB and assigned OMB 

Control Number 0704–0411. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

57 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. 

Accordingly, 32 CFR part 57 is 

proposed to be revised to read as 

follows: 

PART 57—PROVISION OF EARLY 

INTERVENTION AND SPECIAL 

EDUCATION SERVICES TO ELIGIBLE 

DOD DEPENDENTS 

Sec. 

57.1 Purpose. 

57.2 Applicability. 

57.3 Definitions. 

57.4 Policy. 

57.5 Responsibilities. 

57.6 Procedures. 

Authority: 10 U.S.C. 2164, 20 U.S.C. 921– 

932 and chapter 33. 

§ 57.1 Purpose. 

(a) This part: 

(1) Establishes policy and assigns 

responsibilities to implement, other 

than the funding and reporting 

provisions, chapter 33 of 20 U.S.C. (also 

known and hereinafter referred to in 

this Part as ‘‘Individuals with 

Disabilities Education Act (IDEA)’’) in 

DoD, including DoD schools, pursuant 

to 20 U.S.C. 927(c) and 10 U.S.C. 2164 

(f): 

(i) Provision of early intervention 

services (EIS) to infants and toddlers 

with disabilities and their families, as 

well as special education and related 

services to children with disabilities 

entitled under this part to receive 

education services from the DoD in 

accordance with 20 U.S.C. 921–932, 10 

U.S.C. 2164, and DoD Directive 1342.20 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/134220p.pdf), and the IDEA. 

(ii) Implementation of a 

comprehensive, multidisciplinary 

program of EIS for infants and toddlers 

with disabilities and their DoD civilianemployed and military families. 

(iii) Provision of a free appropriate 

public education (FAPE), including 

special education and related services 

for children with disabilities who are 

eligible to enroll in DoDEA schools, as 

specified in their respective 

individualized education programs 

(IEP). 

(iv) Monitoring of DoD programs 

providing EIS, or special education and 

related services for compliance with this 

part. 

(2) Establishes a DoD Coordinating 

Committee to recommend policies and 

provide compliance oversight for early 

intervention and special education. 

(3) Authorizes the issuance of other 

guidance as necessary. 

(b) Reserved. 

§ 57.2 Applicability. 

This part applies to: 

(a) Office of the Secretary of Defense 

(OSD), the Military Departments, the 

Office of the Chairman of the Joint 

Chiefs of Staff and the Joint 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 DoD 

(hereinafter referred to collectively as 

the ‘‘DoD Components’’). 

(b) Eligible infants, toddlers, and 

children receiving or entitled to receive 

early intervention services (EIS) or 

special education and related services 

from the DoD, whose parents have not 

elected voluntary enrollment in a nonDepartment of Defense Education 

Activity (DoDEA) school. 

(c) All schools operated under the 

oversight of the DoDEA, including: 

(1) Domestic Dependent Elementary 

and Secondary Schools (DDESS) 

operated by the DoD pursuant to 10 

U.S.C. 2164. 

(2) Department of Defense Dependents 

Schools (DoDDS) operated by the DoD 

pursuant to 20 U.S.C. 921–932 

(hereinafter referred to as ‘‘overseas’’ 

schools). 

(d) Does not create any substantive 

rights or remedies not otherwise 

authorized by the IDEA or other relevant 

law; and may not be relied upon by any 

person, organization, or other entity to 

allege a denial of substantive rights or 

remedies not otherwise authorized by 

the IDEA or other relevant law. 

§ 57.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part. 

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, unless the child has 

been determined by a court of 

competent jurisdiction to be 

incompetent, or if the child has not been 

determined to be incompetent, he or she 

is incapable of providing informed 

consent with respect to his or her 

educational program. 

Alternate assessment. A process that 

measures the performance of students 

with disabilities unable to participate, 

even with appropriate accommodations 

provided as necessary and as 

determined by their respective CSC, in 

a system-wide assessment. 

Alternative educational setting (AES). 

A temporary setting in or out of the 

school, other than the setting normally 


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attended by the student (e.g., alternative 

classroom, home setting, installation 

library) determined by school 

authorities as the appropriate learning 

environment for a student because of 

learning or behavioral issues. 

Assessment for early intervention. 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 (EIS) that are needed by the 

child and the child’s family to meet 

their unique needs. Also may include 

reviewing pertinent records and 

conducting observations. 

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. This term 

does not include a medical device that 

is surgically implanted or the 

replacement of that device. 

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: evaluating the needs of an 

individual with a disability, including a 

functional evaluation in the individual’s 

customary environment; purchasing, 

leasing, or otherwise providing for the 

acquisition of assistive technology 

devices by individuals with disabilities; 

selecting, designing, fitting, 

customizing, adapting, applying, 

maintaining, repairing, or replacing 

assistive technology devices; 

coordinating and using other therapies, 

interventions, or services with assistive 

technology devices, such as those 

associated with existing educational and 

rehabilitative plans and programs; 

training or technical assistance for an 

individual with disabilities or the 

family of an individual with disabilities; 

and 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. 

Case study committee (CSC). A 

school-level multidisciplinary team, 

including the child’s parents, 

responsible for making educational 

decisions concerning a child with a 

disability. 

Child-find. An outreach program used 

by DoDEA, the Military Departments, 

and the other DoD Components to 

locate, identify, and evaluate children 

from birth to age 21, inclusive, who may 

require EIS or special education and 

related services. All children who are 

eligible to attend a DoD school under 20 

U.S.C. 921–932 or 10 U.S.C. 2164 fall 

within the scope of the DoD child-find 

responsibilities. Child-find activities 

include the dissemination of 

information to Service members, DoD 

employees, and parents of students 

eligible to enroll in DoDEA schools; the 

identification and screening of children; 

and the use of referral procedures. 

Children with disabilities. Children, 

ages 3 through 21, inclusive, who are 

entitled to enroll, or are enrolled, in a 

DoD school in accordance with 20 

U.S.C. 921–932 and 10 U.S.C. 2164, 

have not graduated from high school or 

completed the General Education 

Degree, have one or more disabilities in 

accordance with section 1401(3) of the 

IDEA, and need and qualify for special 

education and related services. 

Complainant. Person making an 

administrative complaint. 

Comprehensive system of personnel 

development (CSPD). A system of 

personnel development that is 

developed in coordination with the 

Military Departments and the Director, 

DoDEA. CSPD is the training of 

professionals, paraprofessionals, and 

primary referral source personnel with 

respect to the basic components of early 

intervention, special education, and 

related services. CSPD may also include 

implementing innovative strategies and 

activities for the recruitment and 

retention of personnel providing special 

education and related services, ensuring 

that personnel requirements are 

established and maintaining 

qualifications to ensure that personnel 

necessary to carry out the purposes of 

this part are appropriately and 

adequately prepared to provide special 

education and related services. Training 

of personnel may include working 

within the military and with military 

families, the emotional and social 

development of children, and transition 

services from early intervention to 

preschool and transitions within 

educational settings and to postsecondary environments. 

Consent. The permission obtained 

from the parent ensuring they are fully 

informed of all information about the 

activity for which consent is sought, in 

his or her native language or in another 

mode of communication if necessary, 

and that the parent understands and 

agrees in writing to the implementation 

of the activity for which permission is 

sought. 

Continuum of alternative placements. 

Instruction in general education 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. 

Controlled substance. As defined in 

Sections 801–971 of title 21, United 

States Code (also known as the 

‘‘Controlled Substances Act, as 

amended’’). 

Day. A calendar day, unless otherwise 

indicated as a business day or a school 

day. 

(1) Business day. Monday through 

Friday except for Federal and State 

holidays. 

(2) School day. Any day, including a 

partial day, that children are in 

attendance at school for instructional 

purposes. School day has the same 

meaning for all children in school, 

including children with and without 

disabilities. 

Department of Defense Education 

Activity (DoDEA). The Department of 

Defense Education Activity is a DoD 

Field Activity under the direction, 

operation, and control of the Under 

Secretary of Defense for Personnel & 

Readiness (USD)(P&R) and Assistant 

Secretary of Defense for Readiness & 

Force Management (ASD)(R&FM). The 

mission of DoDEA is to provide an 

exemplary education by effectively and 

efficiently planning, directing, and 

overseeing the management, operation, 

and administration of the DoD Domestic 

Dependent Elementary and Secondary 

Schools (DDESS) and the DoD 

Dependents Schools (DoDDS), which 

provide instruction from kindergarten 

through grade 12 to eligible dependents. 

Department of Defense Dependents 

Schools (DoDDS). The overseas schools 

(kindergarten through grade 12) 

established in accordance with 20 

U.S.C. 921–932. 

Department of Defense Education 

Activity School. A DDESS or DoDDS 

school operated under the oversight of 

DoDEA. 

Developmental delay. A significant 

discrepancy, as defined and measured 

by implementing guidance authorized 

by this part and confirmed by clinical 

observation and judgment, in the actual 

functioning of an infant, toddler, or 

child, birth through age 7, when 

compared with the functioning of a nondisabled infant, toddler, or child of the 

same chronological age in any of the 

following developmental areas: 

Physical, cognitive, communication, 


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social or emotional, or adaptive. A child 

determined to have a developmental 

delay before the age of 7 may maintain 

that eligibility through age 9. 

DoD school systems. The school 

systems established under the 

authorities of 20 U.S.C. 921–932 and 10 

U.S.C. 2164. 

Domestic Dependent Elementary and 

Secondary Schools (DDESS). The 

schools (pre-kindergarten through grade 

12) established in accordance with 10 

U.S.C. 2164. 

Early intervention service provider. 

An individual that provides early 

intervention services in accordance with 

this part. 

Educational and Developmental 

Intervention Services (EDIS). Programs 

operated by the Military Departments to 

provide EIS to eligible infants and 

toddlers with disabilities, and related 

services to eligible children with 

disabilities in accordance with this part. 

EIS. Developmental services for 

infants and toddlers with disabilities, as 

defined in this part, that are provided 

under the supervision of a Military 

Department, including evaluation, 

individualized family service plan 

(IFSP) development and revision, and 

service coordination, provided at no 

cost to the child’s parents (except for 

incidental fees also charged to children 

without disabilities). 

Extended school year (ESY) services. 

Special education and related services 

that are provided to a child with a 

disability beyond the normal DoDEA 

school year, in accordance with the 

child’s IEP, are at no cost to the parents, 

and meet the standards of the DoDEA 

school system. 

Evaluation: The method used by a 

multidisciplinary team to conduct and 

review the assessments of the child and 

other relevant input to determine 

whether a child has a disability and a 

child’s initial and continuing need to 

receive EIS or special education and 

related services. 

FAPE. Special education and related 

services that are provided under the 

general supervision and direction of 

DoDEA at no cost to parents of a child 

with a disability, in conformity with an 

IEP in accordance with the requirements 

of the IDEA and DoD guidance. 

Functional behavioral assessment. A 

process for identifying the events that 

predict and maintain patterns of 

problem behavior. 

General education curriculum. The 

curriculum adopted by the DoDEA 

school systems for all children from 

preschool through secondary school. To 

the extent applicable to an individual 

child with a disability, the general 

education curriculum can be used in 

any educational environment along a 

continuum of alternative placements. 

IDEA. The Individuals with 

Disabilities Education Act, 20 U.S.C. 

1400 et seq., is the federal law that 

governs the provision of early 

intervention and special education and 

related services to eligible children with 

disabilities. 

IEP. A written document that is 

developed, reviewed, and revised at a 

meeting of the CSC, identifying the 

required components of the 

individualized education program for a 

child with a disability. 

Individualized Family Service Plan 

(IFSP). A written document identifying 

the specially designed services for an 

infant or toddler with a disability and 

the family of such infant or toddler. 

Independent educational evaluation 

(IEE). An evaluation conducted by a 

qualified examiner who is not an EDIS 

examiner or an examiner funded by the 

DoDEA school who conducted the 

evaluation with which the parent is in 

disagreement. 

Infants and toddlers with disabilities. 

Children from birth up to 3 years of age, 

inclusive, who need EIS because 

(1) They are experiencing 

developmental delays as measured by 

appropriate diagnostic instruments and 

procedures, in one or more of the 

following areas: cognitive development, 

physical development including vision 

and hearing, communication 

development, social or emotional 

development, adaptive development; or 

(2) They have a diagnosed physical or 

mental condition that has a high 

probability of resulting in 

developmental delay. 

Inter-component. Cooperation among 

DoD organizations and programs, 

ensuring coordination and integration of 

services to infants, toddlers, children 

with disabilities, and their families. 

Manifestation determination. The 

process in which the CSC reviews all 

relevant information and the 

relationship between the child’s 

disability and the child’s behavior to 

determine whether the behavior is a 

manifestation of the child’s disability 

and to identify what disciplinary 

proceedings will be permissible under 

IDEA and this part.’’ Mediation. A 

confidential, voluntary, informal 

dispute resolution process that is 

provided at no charge to the parents, 

whether or not a due process petition 

has been filed, in which the disagreeing 

parties engage in a discussion of issues 

related to the provision of the child’s 

EIS or special education and related 

services in accordance with the 

requirements of IDEA and this part, in 

the presence of, or through, a qualified 

and impartial mediator who is trained 

in effective mediation techniques. 

Medical services. Those evaluative, 

diagnostic, and therapeutic, services 

provided by a licensed and credentialed 

medical provider to assist providers of 

EIS, regular and special education 

teachers, and providers of related 

services to develop and implement 

IFSPs and IEPs. 

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. 

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. 

Natural environment. A setting, 

including home and community, in 

which children without disabilities 

participate. 

Non-academic and extracurricular 

services and activities. Services and 

activities including counseling services; 

athletics, transportation, health services; 

recreational activities; special interest 

groups or clubs sponsored by the 

DoDEA school system; and referrals to 

agencies that provide assistance to 

individuals with disabilities and 

employment of students, including 

employment by a public agency and 

assistance in making outside 

employment available. 

Non-DoD placement. An assignment 

by the DoDEA school system of a child 

with a disability to a non-DoDEA school 

or facility. 

Non-DoD school or facility. A public 

or private school or other educational 

program not operated by DoD. 

Parent. The natural, adoptive, or 

foster parent of a child, a guardian, an 

individual acting in the place of a 

natural or adoptive parent with whom 

the child lives, or an individual who is 

legally responsible for the child’s 

welfare if that person contributes at 

least one-half of the child’s support. 

Personally identifiable information. 

Information that would make it possible 

to identify the infant, toddler, or child 

with reasonable certainty. Information 

includes: the name of the child, the 

child’s parent or other family member; 

the address of the child; a personal 

identifier, such as the child’s social 

security number or student number; or 

a list of personal characteristics or other 

information that would make it possible 

to identify the child with reasonable 

certainty. 


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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. 

Psychological services. Psychological 

services include: Administering 

psychological and educational tests and 

other assessment procedures; 

interpreting assessment results; 

obtaining, integrating and interpreting 

information about child behavior and 

conditions relating to learning; 

consulting with other staff members in 

planning school programs to meet the 

special educational needs of children as 

indicated by psychological tests, 

interviews, direct observations, and 

behavioral evaluations; planning and 

managing a program of psychological 

services, including psychological 

counseling for children and parents; and 

assisting in developing positive 

behavioral intervention strategies. 

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. 

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 evaluation or 

assessment, EIS, special education or 

related services to an infant, toddler, or 

child with a disability. 

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 in accordance with the 

Rehabilitation Act of 1973, 29 U.S.C. 

chapter 16. 

Related services. Transportation and 

such developmental, corrective, and 

other supportive services, as required, to 

assist a child with a disability to benefit 

from special education under the child’s 

IEP. The term includes speech-language 

pathology and audiology; interpreting 

services; psychological services; 

physical and occupational therapy; 

recreation including therapeutic 

recreation; social work services; and 

school nurse services designed to enable 

a child with a disability to receive a 

FAPE as described in the child’s IEP; 

early identification and assessment of 

disabilities in children; counseling 

services including rehabilitation 

counseling; orientation and mobility 

services; and psychological and medical 

services for diagnostic, evaluative, and 

consultative purposes. The term does 

not include a medical device that is 

surgically implanted or the replacement 

of such. 

Related services assigned to the 

Military Departments. Medical and 

psychological services, audiology, and 

optometry for diagnostic or evaluative 

purposes to determine whether a 

particular child has a disability, the type 

and extent of the disability, and the 

child’s eligibility to receive special 

services. In the overseas and domestic 

areas, transportation is provided as a 

related service by the Military 

Department when transportation is 

prescribed in an IFSP for an infant or 

toddler, under 3 years of age, with 

disabilities. 

Resolution meeting. The meeting 

between parents and relevant school 

personnel, which must be convened 

within a specified number of days after 

receiving notice of a due process 

complaint and prior to the initiation of 

a due process hearing, in accordance 

with the IDEA and this part. The 

purpose of the meeting is for the parent 

to discuss the due process complaint 

and the facts giving rise to the 

complaint so that the school has the 

opportunity to resolve the complaint. 

Resolution period. That period of time 

following a resolution meeting, the 

length of which is defined in this part, 

during which the school is afforded an 

opportunity to resolve the parent’s 

concerns before the dispute can proceed 

to a due process hearing. 

Separate facility. A school or a 

portion of a school, regardless of 

whether it is operated by DoD, attended 

exclusively by children with 

disabilities. 

Serious bodily injury. A cut, abrasion, 

bruise, burn, illness, or any other injury 

to the body, which involves a 

substantial risk of death; extreme 

physical pain; protracted and obvious 

disfigurement; or protracted loss or 

impairment of the function of a bodily 

member, organ, or mental faculty. 

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. 

Special education. Specially designed 

instruction, which is provided at no cost 

to the parents, 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; and 

instruction in physical education. 

Specially designed instruction. An 

instruction whose content, 

methodology, or delivery has been 

adapted to address the unique needs of 

an eligible child in accordance with this 

part; and that ensures access of the child 

to the general curriculum, so that she or 

he can meet the educational standards 

within the DoDEA school systems. 

Supplementary aids and services. 

Include aids, services, and other 

supports that are provided in regular 

education classes, other educationalrelated settings, and in extracurricular 

and nonacademic settings to enable 

children with disabilities to be educated 

with non-disabled children to the 

maximum extent appropriate. 

Transition services. A coordinated set 

of activities for a child with a disability 

that is designed to be within a resultsoriented process, that is focused on 

improving the academic and functional 

achievement of the child with a 

disability to facilitate the child’s 

movement from school to post-school 

activities, including post-secondary 

education, vocational education, 

integrated employment (including 

supported employment), continuing and 

adult education, adult services, 

independent living, or community 

participation, and is based on the 

individual child’s needs, taking into 

account the child’s strengths, 

preferences, and interests. 

Transportation. A service that 

includes transportation and related 

costs, including the cost of mileage or 

travel by taxi, common carrier, tolls, and 

parking expenses, that are necessary to: 

enable an eligible child with a disability 

and the family to receive EIS, when 

prescribed in a child’s IFSP; enable an 

eligible child with a disability to receive 

special education and related services, 

when prescribed as a related service by 

the child’s IEP; and enable a child to 

obtain an evaluation to determine 

eligibility for special education and 

related services, if necessary. It also 

includes specialized equipment, 

including special or adapted buses, lifts, 

and ramps needed to transport children 

with disabilities. 

Weapon. Defined in Department of 

Defense Education Activity Regulation 

2051.1 (see http://www.dodea.edu/foia/ 

iod/pdf/2051_1a.pdf). 


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§ 57.4 Policy. 

It is DoD policy that: 

(a) Infants and toddlers with 

disabilities and their families who (but 

for the children’s age) would be entitled 

to enroll in a DoDEA school in 

accordance with 20 U.S.C. 921–932 or 

10 U.S.C. 2164 shall be provided EIS. 

(b) The DoD shall engage in child-find 

activities for all children age birth to 21, 

inclusive, who are entitled by 20 U.S.C. 

921–932 or 10 U.S.C. 2164 to enroll or 

are enrolled in a DoDEA school. 

(c) Children with disabilities who 

meet the enrollment eligibility criteria 

of 20 U.S.C. 921–932 or 10 U.S.C. 2164 

shall be provided a FAPE in the least 

restrictive environment, including if 

appropriate to the needs of the 

individual child, placement in a 

residential program for children with 

disabilities in accordance with the 

child’s IEP and at no cost to the parents. 

(d) The Military Departments and 

DoDEA shall cooperate in the delivery 

of related services prescribed by section 

1401(26) of the IDEA and this part as 

may be required to assist eligible 

children with disabilities to benefit from 

special education. 

(e) Children with disabilities who are 

eligible to enroll in a DoDEA school in 

accordance with 20 U.S.C. 921–932 or 

10 U.S.C. 2164 shall not be entitled to 

provision of a FAPE by DoDEA, or to the 

procedural safeguards prescribed by this 

part in accordance with the IDEA, if: 

(1) The sponsor is assigned to an 

overseas area where a DoDEA school is 

available within the commuting area of 

the sponsor’s overseas assignment, but 

the sponsor does not elect to enroll the 

child in a DoDEA school for reasons 

other than DoDEA’s alleged failure to 

provide a FAPE; or 

(2) The sponsor is assigned in the 

United States or in a U.S. territory, 

commonwealth, or possession and the 

sponsor’s child meets the eligibility 

requirements for enrollment in a DoDEA 

school, but the sponsor does not elect to 

enroll the child in a DoDEA school for 

reasons other than DoDEA’s alleged 

failure to provide a FAPE. 

§ 57.5 Responsibilities. 

(a) The Assistant Secretary of Defense 

for Readiness and Force Management 

(ASD(R&FM)) under the authority, 

direction, and control of the (USD(P&R)) 

shall: 

(1) Establish, in accordance with DoD 

Instruction 5105.18 (see http://

www.dtic.mil/whs/directives/corres/pdf/

510518p.pdf), a DoD Coordinating 

Committee to recommend policies 

regarding the provision of early 

intervention and special education 

services. 

(2) Ensure the development, 

implementation and administration of a 

system of services for infants and 

toddlers with disabilities and their 

families and children with disabilities; 

and provide compliance oversight for 

early intervention and special education 

in accordance with DoD Directive 

5124.02 (see http://www.dtic.mil/whs/

directives/corres/pdf/512402p.pdf); 20 

U.S.C. 921–932; the applicable statutory 

provision of the IDEA; 10 U.S.C. 2164; 

DoD Directive 1342.20 and 

implementing guidance authorized by 

this part. 

(3) Oversee DoD Component 

collaboration on the provision of 

services and transition support to 

infants, toddlers, and school-aged 

children. 

(4) Develop a DoD-wide 

comprehensive child-find system to 

identify eligible infants, toddlers, and 

children ages birth through 21 years, 

inclusive, who may require early 

intervention or special education 

services, in accordance with the IDEA. 

(5) Develop and provide guidance as 

necessary for the delivery of services for 

children with disabilities and for the 

protection of procedural rights 

consistent with the IDEA and 

implementing guidance authorized by 

this part. 

(6) Coordinate with the Secretaries of 

the Military Departments to ensure that 

their responsibilities, as detailed in 

paragraph (f) of this section, are 

completed. 

(7) Direct the development and 

implementation of a comprehensive 

system of personnel development 

(CSPD) for personnel serving infants 

and toddlers with disabilities and their 

families, and children with disabilities. 

(8) Develop requirements and 

procedures for compiling and reporting 

data on the number of eligible infants 

and toddlers with disabilities and their 

families in need of EIS and children in 

need of special education and related 

services. 

(9) Require DoDEA schools provide 

educational information for assignment 

coordination and enrollment in the 

Services’ Exceptional Family Member 

Program or Special Needs Program 

consistent with DoD Instruction 1315.19 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/131519p.pdf). 

(10) Identify representatives to serve 

on the Department of Defense 

Coordinating Committee on Early 

Intervention, Special Education, and 

Related Services (DoD–CC). 

(11) Ensure delivery of appropriate 

early intervention and educational 

services to eligible infants, toddlers, and 

children, and their families as 

appropriate pursuant to the IDEA and 

this part through onsite monitoring of 

special needs programs and submission 

of an annual compliance report. 

(b) The Assistant Secretary of Defense 

for Health Affairs (ASD(HA)), under the 

authority, direction, and control of the 

USD(P&R), shall: 

(1) Advise the USD(P&R) and consult 

with the General Counsel of the 

Department of Defense (GC, DoD) 

regarding the provision of EIS and 

related services. 

(2) Oversee development of provider 

workload standards and performance 

levels to determine staffing 

requirements for EIS and related 

services. The standards shall take into 

account the provider training needs, the 

requirements of this part, and the 

additional time required to provide EIS 

and related services in schools and the 

natural environments, and for the 

coordination with other DoD 

Components. 

(3) Establish and maintain an 

automated data system to support the 

operation and oversight of the Military 

Departments’ delivery of EIS and related 

services. 

(4) Assign geographical areas of 

responsibility for providing EIS and 

related services under the purview of 

healthcare providers to the Military 

Departments. Periodically review the 

alignment of geographic areas to ensure 

that resource issues (e.g., base closures) 

are considered in the cost-effective 

delivery of services. 

(5) Establish a system for measuring 

EIS program outcomes for children and 

their families. 

(6) Resolve disputes among the DoD 

Components providing EIS. 

(c) The Director, Tricare Management 

Activity, under the authority, direction, 

and control of the ASD(HA), shall 

identify representatives to serve on the 

DoD–CC. 

(d) The Director, DoD Education 

Activity (DoDEA), under the authority, 

direction, and control of the USD(P&R), 

and through the ASD(R&FM), in 

accordance with DoD Directive 5124.02, 

shall ensure that: 

(1) Children who meet the enrollment 

eligibility criteria of 20 U.S.C. 921–932 

or 10 U.S.C. 2164 are identified and 

referred for evaluation if they are 

suspected of having disabilities, and are 

afforded appropriate procedural 

safeguards in accordance with the IDEA 

and implementing guidance authorized 

by this part. 

(2) Children who meet the enrollment 

eligibility criteria of 20 U.S.C. 921–932 

or 10 U.S.C. 2164 shall be evaluated in 

accordance with the IDEA and 

implementing guidance authorized by 


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this part, as needed. If found eligible for 

special education and related services, 

they shall be provided a FAPE in 

accordance with an IEP, with services 

delivered in the least restrictive 

environment and procedural safeguards 

in accordance with the requirements of 

the IDEA and implementing guidance 

authorized by this part. 

(3) Records are maintained on the 

special education and related services 

provided to children in accordance with 

this part, pursuant to 32 CFR part 310. 

(4) Related services as prescribed in 

an IEP for a child with disabilities 

enrolled in a DoDEA school in the 

United States, its territories, 

commonwealths, or possessions are 

provided by DoDEA. 

(5) Transportation is provided by 

DoDEA in overseas and domestic areas 

as a related service to children with 

disabilities when transportation is 

prescribed in a child’s IEP. The related 

service of transportation includes 

necessary accommodations to access 

and leave the bus and to ride safely on 

the bus and transportation between the 

child’s home, the DoDEA school, or 

another location, as specified in the 

child’s IEP. 

(6) Appropriate personnel participate 

in the development and implementation 

of a CSPD. 

(7) Appropriate written guidance is 

issued to implement the requirements 

pertaining to special education and 

related services under 20 U.S.C. 921– 

932, 10 U.S.C. 2164, and the IDEA. 

(8) Activities to identify and train 

personnel to monitor the provision of 

services to eligible children with 

disabilities are funded. 

(9) DoDEA schools that operate 

pursuant to 20 U.S.C. 921–932 and 10 

U.S.C. 2164 conduct child find activities 

for all eligible children; 

(10) A free appropriate public 

education (FAPE) is made available to 

children who are entitled to enroll in 

DoDEA schools under the enrollment 

eligibility criteria of 10 U.S.C. 2164 or 

20 U.S.C. 921–932. However, a FAPE, or 

the procedural safeguards prescribed by 

the IDEA and this part, shall NOT be 

available to such children, if: 

(i) The sponsor who is assigned to an 

overseas area elects not to enroll his or 

her child in a DoDEA school overseas 

where a DoDEA school is available 

within the commuting area of the 

sponsor’s overseas assignment; or 

(ii) The sponsor is assigned in the 

United States or in a U.S. territory, 

commonwealth, or possession and the 

sponsor’s child meets the eligibility 

requirements for enrollment in a DoDEA 

school, but the sponsor does not elect to 

enroll the child in a DoDEA school for 

reasons other than DoDEA’s alleged 

failure to provide a FAPE. 

(11) The educational needs of 

children with and without disabilities 

are met comparably, in accordance with 

§ 57.6 (b) of this part. 

(12) Educational facilities and 

services (including the start of the 

school day and the length of the school 

year) operated by DoDEA for children 

with and without disabilities are 

comparable. 

(13) All programs providing special 

education and related services are 

monitored for compliance with this part 

and with the substantive rights, 

protections, and procedural safeguards 

of the IDEA and this part at least once 

every 3 years. 

(14) A report to the USD(P&R) is 

submitted not later than September 30 

of each year certifying whether all 

schools are in compliance with the 

IDEA and this part, and are affording 

children with disabilities the 

substantive rights, protections, and 

procedural safeguards of the IDEA and 

this part. 

(15) Transition assistance is provided 

in accordance with IDEA and this part 

to promote movement from early 

intervention or preschool into the 

school setting. 

(16) Transition services are provided 

in accordance with IDEA and this part 

to facilitate the child’s movement into 

different educational settings and postsecondary environments. 

(e) The GC, DoD shall identify 

representatives to serve on the DoD–CC. 

(f) The Secretaries of the Military 

Departments shall: 

(1) Establish educational and 

developmental intervention services 

(EDIS) to ensure infants and toddlers 

with disabilities are identified and 

provided EIS where appropriate, and are 

afforded appropriate procedural 

safeguards in accordance with the 

requirements of the IDEA and 

implementing guidance authorized by 

this part. 

(2) Staff EDIS with appropriate 

professional staff, based on the services 

required to serve children with 

disabilities. 

(3) Provide related services required 

to be provided by a Military Department 

in accordance with the mandates of this 

part for children with disabilities. In the 

overseas areas served by DoDEA 

schools, the related services required to 

be provided by a Military Department 

under an IEP necessary for the student 

to benefit from special education 

include medical services for diagnostic 

or evaluative purposes; social work; 

community health nursing; dietary, 

audiological, optometric, and 

psychological testing and therapy; 

occupational therapy; and physical 

therapy. Transportation is provided as a 

related service by the Military 

Department when it is prescribed in a 

child’s IFSP for an infant or toddler 

birth up to 3 years of age, inclusive, 

with disabilities. Related services shall 

be administered in accordance with 

guidance issued pursuant to this part, 

including guidance from the ASD(HA) 

on staffing and personnel standards. 

(4) Issue implementing guidance and 

forms necessary for the operation of 

EDIS in accordance with this part. 

(5) Provide EIS to infants and toddlers 

with disabilities and their families, and 

related services to children with 

disabilities as required by this part at 

the same priority that medical care is 

provided to active duty military 

members. 

(6) Provide counsel from the Military 

Department concerned or request 

counsel from the Defense Office of 

Hearings and Appeals (DOHA) to 

represent the Military Department in 

impartial due process hearings and 

administrative appeals conducted in 

accordance with this part for infants and 

toddlers birth up to 3 years of age 

(inclusive) with disabilities who are 

eligible for EIS. 

(7) Execute Departmental 

responsibilities under the Exceptional 

Family Member program (EFMP) 

prescribed by DoD Instruction 1315.19. 

(8) Train command personnel to fully 

understand their legal obligations to 

ensure compliance with and provide the 

services required by this part. 

(9) Fund activities to identify and 

train personnel to monitor the provision 

of services to eligible children with 

disabilities. 

(10) Require the development of 

policies and procedures for providing, 

documenting, and evaluating EDIS, 

including EIS and related services 

provided to children receiving special 

education in a DoDEA school. 

(11) Maintain EDIS to provide 

necessary EIS to eligible infants and 

toddlers with disabilities and related 

services to eligible children with 

disabilities in accordance with this part 

and the substantive rights, protections, 

and procedural safeguards of the IDEA, 

§ 57.6(a) and § 57.6(c) of this part. 

(12) Implement a comprehensive, 

coordinated, inter-component, 

community-based system of EIS for 

eligible infants and toddlers with 

disabilities and their families using the 

procedures established in § 57.6 (a) of 

this part and guidelines from the 

ASD(HA) on staffing and personnel 

standards. 


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(13) Provide transportation for EIS 

pursuant to the IDEA and this part. 

(14) Provide transportation for 

children with disabilities pursuant to 

the IDEA and this part. The Military 

Departments are to provide 

transportation for a child to receive 

medical or psychological evaluations at 

a medical facility in the event that the 

local servicing military treatment 

facility (MTF) is unable to provide such 

services and must transport the child to 

another facility. 

(15) Require that EDIS programs 

maintain the components of an EIS as 

required by the IDEA and this part, to 

include: 

(i) A comprehensive child-find 

system, including a system for making 

referrals for services that includes 

timelines and provides for participation 

by primary referral sources, and that 

establishes rigorous standards for 

appropriately identifying infants and 

toddlers with disabilities for services. 

(ii) A public awareness program 

focusing on early identification of 

infants and toddlers with disabilities to 

include: 

(A) Preparation of information 

materials for parents regarding the 

availability of EIS, especially to inform 

parents with premature infants or 

infants with other physical risk factors 

associated with learning or 

developmental complications. 

(B) Dissemination of those materials 

to all primary referral sources, 

especially hospitals and physicians, for 

distribution to parents. 

(C) A definition of developmental 

delay, consistent with § 57.6(g) of this 

part, to be used in the identification of 

infants and toddlers with disabilities 

who are in need of services. 

(D) Availability of appropriate EIS. 

(iii) A timely, comprehensive, 

multidisciplinary evaluation of the 

functioning of each infant or toddler 

and identification of the needs of the 

child’s family to assist appropriately in 

the development of the infant or 

toddler. 

(iv) Procedures for development of an 

Individualized Family Service Plan 

(IFSP) and coordination of EIS for 

families of eligible infants and toddlers 

with disabilities. 

(v) A system of EIS designed to 

support infants and toddlers and their 

families in the acquisition of skills 

needed to become functionally 

independent and to reduce the need for 

additional support services as toddlers 

enter school. 

(vi) A central directory of information 

on EIS resources and experts available 

to military families. 

(16) Implement a comprehensive 

system of personnel development 

consistent with the requirements of the 

IDEA and this part. 

(17) Require that EDIS participate in 

the existing MTF quality assurance 

program, which monitors and evaluates 

the medical services for children 

receiving such services as described by 

this part. Generally accepted standards 

of practice for the relevant medical 

services shall be followed, to the extent 

consistent with the requirements of the 

IDEA and this part including provision 

of EIS in a natural environment, to 

ensure accessibility, acceptability, and 

adequacy of the medical portion of the 

program provided by EDIS. 

(18) Require transition services to 

promote movement from early 

intervention, preschool, and other 

educational programs into different 

educational settings and post-secondary 

environments. 

(19) Direct that each program 

providing EIS is monitored for 

compliance with this part, and with the 

substantive rights, protections, and 

procedural safeguards of the IDEA, at 

least once every 3 years. 

(20) Submit a report to the USD(P&R) 

not later than September 30 of each year 

stating whether all EDIS programs are in 

compliance with this part and are 

affording infants and toddlers the 

substantive rights, protections, and 

procedural safeguards of the IDEA, as 

stated in § 57.6(f) of this part. 

(21) Compile and report EDIS 

workload and compliance data using the 

system established by the ASD(HA) as 

stated in § 57.6(f). 

(g) The Director, DOHA, under the 

authority, direction, and control of the 

GC, DoD/Director, Defense Legal 

Services Agency, shall: 

(1) Ensure impartial due process 

hearings are provided in accordance 

with the IDEA and implementing 

guidance authorized by this part with 

respect to complaints related to special 

education and related services arising 

under the IDEA. 

(2) Ensure DOHA Department Counsel 

represents DoDEA in all due process 

proceedings arising under the IDEA for 

children age 3 through 21 who are 

eligible for special education and 

related services. 

(3) Ensure DOHA Department 

Counsel, upon request by a Military 

Department, represents the Military 

Department in due process proceedings 

arising under the IDEA for infants and 

toddlers birth up to 3 years of age with 

disabilities who are eligible for EIS. 

(4) Ensure the DOHA Center for 

Alternative Dispute Resolution (CADR) 

maintains a roster of mediators qualified 

in special education disputes and, when 

requested, provides a mediator for 

complaints related to special education 

and related services arising under the 

IDEA. 

§ 57.6 Procedures. 

(a) Procedures for the Provision of EIS 

for Infants and Toddlers with 

Disabilities. 

(1) General. (i) There is an urgent and 

substantial need to: 

(A) Enhance the development of 

infants and toddlers with disabilities to 

minimize their potential for 

developmental delay and to recognize 

the significant brain development that 

occurs during a child’s first 3 years of 

life. 

(B) Reduce educational costs by 

minimizing the need for special 

education and related services after 

infants and toddlers with disabilities 

reach school age. 

(C) Maximize the potential for 

individuals with disabilities to live 

independently. 

(D) Enhance the capacity of families 

to meet the special needs of their infants 

and toddlers with disabilities. 

(ii) All procedures and services 

within EIS must be in accordance with 

the IDEA and the provisions of this part. 

(2) Identification and Screening. (i) 

Each Military Department shall develop 

and implement in its assigned 

geographic area a comprehensive childfind and public awareness program, 

pursuant to the IDEA and this part, that 

focuses on the early identification of 

infants and toddlers who are eligible to 

receive EIS pursuant to this part. 

(ii) The military treatment facility 

(MTF) and Family Advocacy Program 

must be informed that EDIS will accept 

direct referrals for infants and toddlers 

from birth up to 3 years of age who are: 

(A) Involved in a substantiated case of 

child abuse or neglect; or 

(B) Identified as affected by illegal 

substance abuse or withdrawal 

symptoms resulting from prenatal drug 

exposure. 

(iii) All other DoD Components will 

refer infants and toddlers with 

suspected disabilities to EDIS in 

collaboration with the parents. 

(iv) Upon receipt of a referral, EDIS 

shall appoint a service coordinator. 

(v) All infants and toddlers referred to 

the EDIS for EIS shall be screened to 

determine the appropriateness of the 

referral and to guide the assessment 

process. 

(A) Screening does not constitute a 

full evaluation. At a minimum, 

screening shall include a review of the 

medical and developmental history of 

the referred infant or toddler through a 


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parent interview and a review of 

medical records. 

(B) If screening is conducted prior to 

the referral, or if there is a substantial 

or obvious biological risk, a screening 

following the referral may not be 

necessary. 

(C) If EDIS determines that an 

evaluation is not necessary based on 

screening results, EDIS will provide 

written notice to the parents in 

accordance with paragraph (a)(9) of this 

section. 

(3) Assessment and Evaluation. 

(i) Assessments and Evaluations. The 

assessment and evaluation of each 

infant and toddler must: 

(A) Be conducted by a 

multidisciplinary team. 

(B) Include: 

(1) A review of records related to the 

infant’s or toddler’s current health 

status and medical history. 

(2) An assessment of the infant’s or 

toddler’s needs for EIS based on 

personal observation of the child by 

qualified personnel. 

(3) An evaluation of the infant’s or 

toddler’s level of functioning in each of 

the following developmental areas, 

including a multidisciplinary 

assessment of the unique strengths and 

needs of the child and the identification 

of services appropriate to meet those 

needs. 

(i) Cognitive development. 

(ii) Physical development, including 

functional vision and hearing. 

(iii) Communication development. 

(iv) Social or emotional development. 

(v) Adaptive development. 

(4) Informed clinical opinion of 

qualified personnel if the infant or 

toddler does not qualify based on 

standardized testing and there is 

probable need for services. 

(ii) Family Assessments 

(A) Family assessments must include 

consultation with the family members. 

(B) If EDIS conducts an assessment of 

the family, the assessment must: 

(1) Be voluntary on the part of the 

family. 

(2) Be conducted by personnel trained 

to utilize appropriate methods and 

procedures. 

(3) Be based on information provided 

by the family through a personal 

interview. 

(4) Incorporate the family’s 

description of its resources, priorities, 

and concerns related to enhancing the 

infant’s or toddler’s development. 

(iii) Standards for Assessment 

Selection and Procedures. EDIS shall 

ensure, at a minimum, that: 

(A) Evaluators administer tests and 

other evaluations in the native language 

of the infant or toddler, or the family’s 

native language, or other mode of 

communication, unless it is clearly not 

feasible to do so. 

(B) Assessment, evaluation 

procedures, and materials are selected 

and administered so as not to be racially 

or culturally discriminatory. 

(C) No single procedure is used as the 

sole criterion for determining an infant’s 

or toddler’s eligibility under this part. 

(D) Qualified personnel conduct 

evaluations and assessments. 

(iv) Delivery of Intervention Services. 

With parental consent, the delivery of 

intervention services may begin before 

the completion of the assessment and 

evaluation when it has been determined 

by a multidisciplinary team that the 

infant or toddler or the infant’s or 

toddler’s family needs the service 

immediately. Although EDIS has not 

completed all assessments, EDIS must 

develop an IFSP before the start of 

services and complete the remaining 

assessments in a timely manner. 

(4) Eligibility. (i) The EIS team shall 

meet with the parents and determine 

eligibility. The EIS team shall document 

the basis for eligibility in an eligibility 

report and provide a copy to the 

parents. 

(ii) Infants and toddlers from birth up 

to 3 years of age with disabilities are 

eligible for EIS if they meet one of the 

following criteria: 

(A) The infant or toddler is 

experiencing a developmental delay. 

(B) The infant or toddler has a 

diagnosed physical or mental condition 

that has a high probability of resulting 

in developmental delay. 

(5) Timelines. (i) EIS shall complete 

the initial evaluation and assessment of 

each infant and toddler (including the 

family assessment) in a timely manner 

ensuring that the timeline in paragraph 

(a)(6)(ii) of this section is met. 

(ii) The Military Department 

responsible for providing EIS shall 

develop procedures requiring that, if 

circumstances make it impossible to 

complete the evaluation and assessment 

within a timely manner (e.g., if an infant 

or toddler is ill), EDIS shall: 

(A) Document those circumstances. 

(B) Develop and implement an 

appropriate interim IFSP in accordance 

with this part. 

(6) IFSP. (i) The EDIS shall develop 

and implement an IFSP for each infant 

and toddler with a disability, from birth 

up to 3 years of age, who meets the 

eligibility criteria for EIS. 

(ii) EDIS shall convene a meeting to 

develop the IFSP of an infant or toddler 

with a disability. The meeting shall be 

scheduled as soon as possible following 

its determination that the infant or 

toddler is eligible for EIS, but not later 

than 45 days from the date of the 

referral for services. 

(iii) Meetings to develop and review 

the IFSP must include: 

(A) The parent or parents of the infant 

or toddler. 

(B) Other family members, as 

requested by the parent, if feasible. 

(C) An advocate or person outside of 

the family if the parent requests that 

person’s participation. 

(D) The service coordinator who has 

worked with the family since the initial 

referral of the infant or toddler or who 

is responsible for the implementation of 

the IFSP. 

(E) The persons directly involved in 

conducting the evaluations and 

assessments. 

(F) As appropriate, persons who shall 

provide services to the infant or toddler 

or the family. 

(iv) If a participant listed in paragraph 

(a)(6)(iii) of this part is unable to attend 

a meeting, arrangements must be made 

for the person’s involvement through 

other means, which may include: 

(A) A telephone conference call or 

other electronic means of 

communication. 

(B) Providing knowledgeable, 

authorized representation. 

(C) Providing pertinent records for use 

at the meeting. 

(v) The IFSP shall contain: 

(A) A statement of the infant’s or 

toddler’s current developmental levels 

including physical, cognitive, 

communication, social or emotional, 

and adaptive behaviors based on the 

information from the evaluation and 

assessments. 

(B) A statement of the family’s 

resources, priorities, and concerns about 

enhancing the infant’s or toddler’s 

development. 

(C) A statement of the measurable 

results or measurable outcomes 

expected to be achieved for the infant or 

toddler and the family. The statement 

shall contain pre-literacy and language 

skills, as developmentally appropriate 

for the infant or toddler, and 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 results and services are 

necessary. 

(D) A statement of the specific EIS 

based on peer-reviewed research, to the 

extent practicable, necessary to meet the 

unique needs of the infant or toddler 

and the family, including the frequency, 

intensity, and method of delivering 

services. 

(E) A statement of the natural 

environments in which EIS will be 

provided including a justification of the 


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extent, if any, to which the services 

shall not be provided in a natural 

environment because the intervention 

cannot be achieved satisfactorily for the 

infant or toddler. The IFSP must include 

a justification for not providing a 

particular early intervention service in 

the natural environment. 

(F) The projected dates for initiation 

of services and the anticipated length, 

duration, and frequency of those 

services. 

(G) The name of the service 

coordinator who shall be responsible for 

the implementation of the IFSP and for 

coordination with other agencies and 

persons. In meeting these requirements, 

EDIS may: 

(1) Assign the same service 

coordinator appointed at the infant or 

toddler’s initial referral for evaluation to 

implement the IFSP; 

(2) Appoint a new service 

coordinator; or 

(3) Appoint a service coordinator 

requested by the parents. 

(H) A description of the appropriate 

transition services supporting the 

movement of the toddler with a 

disability to preschool or other services. 

(vi) EDIS shall explain the contents of 

the IFSP to the parents and shall obtain 

an informed, written consent from the 

parents before providing EIS described 

in the IFSP. 

(vii) The IFSP shall be implemented 

within ten business days of completing 

the document, unless the IFSP team, 

including the parents, documents the 

need for a delay. 

(viii) If a parent does not provide 

consent for participation in all EIS, EDIS 

shall still provide those interventions to 

which a parent does give consent. 

(ix) EDIS shall evaluate the IFSP 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 needs of the 

child and family). The purpose of the 

periodic review is to determine: 

(A) The degree to which progress 

toward achieving the outcomes is being 

made. 

(B) Whether modification or revision 

of the outcomes or services is necessary. 

(x) The review may be carried out by 

a meeting or by another means that is 

acceptable to the parents and other 

participants. 

(7) Transition. 

(i) EDIS shall provide a written 

transition plan for toddlers receiving 

EIS to facilitate their transition to 

preschool, if appropriate. A transition 

plan must be recorded on the IFSP 

between the toddler’s second and third 

birthday and not later than 90 days 

before the toddler’s third birthday. 

(ii) Families shall be included in the 

transition planning. EDIS shall inform 

the toddler’s parents regarding future 

preschool, the child find requirements 

of the school, and the procedures for 

transitioning the toddler from EIS to 

preschool. 

(iii) Not later than 6 months before the 

toddler’s third birthday, the EDIS 

service coordinator shall obtain parental 

consent prior to release of identified 

records of a toddler receiving EIS to the 

DoD local school in order to allow the 

DoDEA school to meet child-find 

requirements. 

(iv) The EDIS service coordinator 

shall initiate a pre-transition meeting 

with the CSC, and shall provide the 

toddler’s early intervention assessment 

reports, IFSP, and relevant supporting 

documentation. The parent shall receive 

reasonable notice of the pre-transition 

meeting, shall receive copies of any 

documents provided to the CSC, and 

shall have the right to participate in and 

provide input to the pre-transition 

meeting. 

(v) As soon as reasonably possible 

following receipt of notice of a toddler 

potentially transitioning to preschool, 

the local DoDEA school shall convene a 

CSC. The CSC and EDIS shall cooperate 

to obtain parental consent, in 

accordance with IDEA and this part, to 

conduct additional evaluations if 

necessary. 

(vi) Based on the information received 

from EDIS, the CSC, coordinating with 

EDIS, will determine at the pretransition meeting whether: 

(A) No additional testing or 

observation is necessary to determine 

that the toddler is eligible for special 

education and related services, in which 

case the CSC shall develop an eligibility 

report based on the EDIS early 

intervention assessment reports, IFSP, 

supporting documentation and other 

information obtained at the pretransition meeting, in accordance with 

paragraph (b) of this section; or 

(B) Additional testing or observation 

is necessary to determine whether the 

toddler is eligible for special education 

and related services, in which case the 

CSC shall develop an assessment plan to 

collect all required information 

necessary to determine eligibility for 

special education and obtain parental 

consent, in accordance with IDEA and 

this part, for evaluation in accordance 

with paragraph (b) of this section. 

(vii) In the event that the toddler is 

first referred to EDIS fewer than 90 days 

before the toddler’s third birthday, EDIS 

and the DoDEA school shall work 

cooperatively in the evaluation process 

and shall develop a joint assessment 

plan to determine whether the toddler is 

eligible for EIS or special education. 

(A) EDIS shall complete its eligibility 

determination process and the 

development of an IFSP, if applicable. 

(B) The CSC shall determine 

eligibility for special education. 

(viii) Eligibility assessments shall be 

multidisciplinary and family-centered 

and shall incorporate the resources of 

the EDIS as necessary and appropriate. 

(ix) Upon completion of the 

evaluations, the CSC shall schedule an 

eligibility determination meeting at the 

local school, no later than 90 days prior 

to the toddler’s third birthday. 

(A) The parents shall receive 

reasonable notice of the eligibility 

determination meeting, shall receive 

copies of any documents provided to 

the CSC, and shall have the right to 

participate in and provide input to the 

meeting. 

(B) EDIS and the CSC shall cooperate 

to develop an eligibility determination 

report based upon all available data, 

including that provided by EDIS and the 

parents, in accordance with paragraph 

(b) of this section. 

(x) If the toddler is found eligible for 

special education and related services, 

the CSC shall develop an individualized 

education program (IEP) in accordance 

with paragraph (b) of this section, and 

must implement the IEP on or before the 

toddler’s third birthday. 

(xi) If the toddler’s third birthday 

occurs during the period June through 

August (the traditional summer vacation 

period for school systems), the CSC 

shall complete the eligibility 

determination process and the 

development of an IEP before the end of 

the school year preceding the toddler’s 

third birthday. An IEP must be prepared 

to ensure that the toddler enters 

preschool services with an instructional 

program at the start of the new school 

year. 

(xii) The full transition of a toddler 

shall occur on the toddler’s third 

birthday unless the IFSP team and the 

CSC determine that an extended 

transition is in the best interest of the 

toddler and family. 

(A) An extended transition may occur 

when: 

(1) The toddler’s third birthday falls 

within the last 6 weeks of the school 

year; 

(2) The family is scheduled to have a 

permanent change of station (PCS) 

within 6 weeks after a toddler’s third 

birthday; or 

(3) The toddler’s third birthday occurs 

after the end of the school year and 

before October 1. 

(B) An extended transition may occur 

if the IFSP team and the CSC determine 


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that extended EIS beyond the toddler’s 

third birthday are necessary and 

appropriate, and if so, how long 

extended services will be provided. 

(1) The IFSP team, including the 

parents, may decide to continue services 

in accordance with the IFSP until the 

end of the school year, PCS date, or 

until the beginning of the next school 

year. 

(2) Extended services must be 

delivered in accordance with the 

toddler’s IFSP, which shall be updated 

if the toddler’s or family’s needs change 

on or before the toddler’s third birthday. 

(3) The CSC shall maintain in its 

records meeting minutes that reflect the 

decision for EDIS to provide an 

extended transition for the specified 

period. 

(4) Prior to the end of the extended 

transition period, the CSC shall meet to 

develop an IEP that shall identify all 

special education and related services 

that will begin at the end of the 

transition period and meet all 

requirements of the IDEA and this part, 

in accordance with paragraph (b) of this 

section. 

(C) The IFSP team and the CSC may 

jointly determine that the toddler 

should receive services in the special 

education preschool prior to the 

toddler’s third birthday. 

(1) If only a portion of the child’s 

services will be provided by the DoDEA 

school, the information shall be 

identified in the IFSP, which shall also 

specify responsibilities for service 

coordination and transition planning. 

The CSC shall develop an IEP that shall 

identify all services to be delivered at 

the school, in accordance with 

paragraph (b) of this section. 

(2) If all the toddler’s services will be 

provided by the DoDEA school, the 

services will be delivered pursuant to an 

IEP developed in accordance with 

paragraph (b) of this section. Transition 

activities and other services under the 

IFSP will terminate with the toddler’s 

entry into the special education 

preschool. 

(3) Early entry into preschool services 

should occur only in exceptional 

circumstances (e.g., to facilitate natural 

transitions). 

(xiii) In the case of a child who may 

not be eligible for DoDEA preschool 

special education services, with the 

approval of the parents, EDIS shall make 

reasonable efforts to convene a 

conference among EDIS, the family, and 

providers of other services for children 

who are not eligible for special 

education preschool services (e.g., 

community preschools) in order to 

explain the basis for this conclusion to 

the parents and obtain parental input. 

(8) Maintenance of Records. 

(i) EDIS officials shall maintain all EIS 

records, in accordance with 32 CFR part 

310. 

(ii) EIS records, including the IFSP 

and the documentation of services 

delivered in accordance with the IFSP, 

are educational records consistent with 

32 CFR part 285 and shall not be placed 

in the child’s medical record. 

(9) Procedural Safeguards. 

(i) Parents of an infant or toddler who 

is eligible for EIS shall be afforded 

specific procedural safeguards that must 

include: 

(A) The right to confidentiality of 

personally identifiable information in 

accordance with 32 CFR part 310, 

including the right of a parent to receive 

written notice and give written consent 

to the exchange of information between 

the Department of Defense and outside 

agencies in accordance with Federal law 

and 32 CFR part 310 and 32 CFR part 

285. 

(B) The opportunity to inspect and 

review records relating to screening, 

evaluations and assessments, eligibility 

determinations, development and 

implementation of IFSPs. 

(C) The right to determine whether 

they or other family members will 

accept or decline any EIS, and to 

decline such a service after first 

accepting it, without jeopardizing the 

provision of other EIS. 

(D) The right to written parental 

consent. 

(1) Consent must be obtained before 

evaluation of the infant or toddler in 

accordance with this section. 

(2) Consent must be obtained before 

initiation of EIS in accordance with this 

section. 

(3) If consent is not given, EDIS shall 

make reasonable efforts to ensure that 

the parent: 

(i) Is fully aware of the nature of the 

evaluation and assessment or the 

services that would be available. 

(ii) Understands that the infant or 

toddler will not be able to receive the 

evaluation and assessment or services 

unless consent is given. 

(E) The right to prior written notice. 

(1) Prior written notice must be given 

to the parents of an infant or toddler 

entitled to EIS a reasonable time before 

EDIS proposes to initiate or change, or 

refuses to initiate or change the 

identification, evaluation, or placement 

of the infant or toddler, or the provision 

of appropriate EIS to the infant or 

toddler and any family member. 

(2) The notice must be in sufficient 

detail to inform the parents about: 

(i) The action that is being proposed 

or refused. 

(ii) The reasons for taking the action. 

(iii) Each of the procedural safeguards 

that are available in accordance with 

this section, including availability of 

mediation, administrative complaint 

procedures, and due process complaint 

procedures that are available for dispute 

resolution as described in this section, 

including descriptions of how to file a 

complaint and the applicable timelines. 

(3) The notice must be provided in 

language written for a general lay 

audience and 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. 

(F) The right to timely administrative 

resolution of complaints. 

(G) The availability of dispute 

resolution with respect to any matter 

relating to the provision of EIS to an 

infant or toddler, through the 

administrative complaint, mediation 

and due process procedures described 

in paragraph (d) of this section, except 

the requirement to conduct a resolution 

meeting, in the event of a dispute 

between the Military Department 

concerned and the parents regarding 

EIS. 

(H) Any party aggrieved by the 

decision regarding a due process 

complaint filed in accordance with 

paragraph (d) of this section shall have 

the right to bring a civil action in a 

district court of the United States of 

competent jurisdiction without regard to 

the amount in controversy. 

(ii) During the pendency of any 

proceeding or action involving a 

complaint by the parent of an infant or 

toddler with a disability relating to the 

provision of EIS, unless the parent and 

EDIS otherwise agree, the infant or 

toddler shall continue to receive the 

appropriate EIS currently being 

provided under the most recent signed 

IFSP or, if applying for initial EIS 

services, shall receive the services not in 

dispute. 

(10) Mediation and Due Process 

Procedures. Mediation and due process 

procedures, described in paragraph (d) 

of this section, except the requirement 

to conduct a resolution meeting, are 

applicable to early intervention when 

the Military Department concerned and 

the parents will be the parties in the 

dispute. 

(b) Procedures for the Provision of 

Educational Programs and Services for 

Children With Disabilities, Ages 3 

Through 21 Years, Inclusive 

(1) Parent Involvement and General 

Provisions. 

(i) The CSC shall take reasonable 

steps to provide for the participation of 

the parent(s) in the special education 

program of his/her child. School 


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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. Special 

education parental rights and 

responsibilities will be provided in the 

parent’s native language, unless it is 

clearly not feasible to do so, e.g., low 

incidence language or not a written 

language. 

(ii) The CSC shall afford the child’s 

parents the opportunity to participate in 

CSC meetings to determine their child’s 

initial or continuing eligibility for 

special education and related services, 

to prepare or change the child’s IEP, or 

to determine or change the child’s 

placement. 

(iii) No child shall be required to 

obtain a prescription for a substance 

covered by the Controlled Substances 

Act, as amended, 21 U.S.C. 801 et seq. 

as a condition of attending school, 

receiving an evaluation, or receiving 

services. 

(iv) For meetings described in this 

section, the parent of a child with a 

disability and the DoDEA school 

officials may agree to use alternative 

means of meeting participation, such as 

video conferences and conference calls. 

(2) Identification and Referral. 

(i) DoDEA shall: 

(A) Engage in child-find activities to 

locate, identify, and screen all children 

who are entitled to enroll in DDESS in 

accordance with DoD Instruction 

1342.26 (see http://www.dtic.mil/whs/

directives/corres/pdf/134226p.pdf) or in 

DoDDS in accordance with DoDEA 

Regulation 1342.13 (see http://

www.dodea.edu/foia/iod/pdf/1342_

13.pdf) who may require special 

education and related services. 

(B) Cooperate with the Military 

Departments to conduct ongoing childfind activities and periodically publish 

any information, guidelines, and 

directions on child-find activities for 

eligible children with disabilities, ages 3 

through 21 years, inclusive. 

(C) Conduct the following activities to 

determine if children may need special 

education and related services: 

(1) Review school records for 

information about student performance 

on system-wide testing and other basic 

skills tests in the areas of reading and 

language arts and mathematics. 

(2) Review 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. For children with 

disabilities, any health records or other 

information that tends to identify a 

child as a person with a disability must 

be maintained in confidential files that 

are not co-mingled with other records 

and that are available only to essential 

staff for the purpose of providing 

effective education and services to the 

child. 

(3) Review school discipline records 

and maintain the confidentiality of such 

records and any information that tends 

to identify a child as a person with a 

disability. 

(4) Participate in transition activities 

of children receiving EIS who may 

require special education preschool 

services. 

(ii) DoDEA school system officials, 

related service providers, or others who 

suspect that a child has a possible 

disabling condition shall submit a childfind referral to the CSC containing, at a 

minimum, the name and contact 

information for the child and the reason 

for the referral. 

(iii) The screening of a student by a 

teacher or specialist to determine 

appropriate instructional strategies for 

curriculum implementation shall not be 

considered to be an evaluation for 

eligibility for special education and 

related services and does not require 

informed consent. 

(3) Incoming Students. The DoDEA 

school will take the following actions, 

in consultation with the parent, when a 

child transfers to a DoDEA school with 

an active IEP: 

(i) If the current IEP is from a nonDoDEA school: 

(A) Promptly obtain the child’s 

educational records including 

information regarding assessment, 

eligibility, and provision of special 

education and related services from the 

previous school. 

(B) Provide FAPE, including services 

comparable (i.e., similar or equivalent) 

to those described in the incoming IEP, 

in consultation with the parents, until 

the CSC: 

(1) Conducts an evaluation, if 

determined necessary by such agency. 

(2) Develops, adopts, and implements 

a new IEP, if appropriate, in accordance 

with the requirements of the IDEA and 

this part within 30 school days of 

receipt of the IEP. 

(ii) If the current IEP is from a DoDEA 

school, the new school must provide the 

child a FAPE, including services 

comparable to those described in the 

incoming IEP, until the new school 

either: 

(A) Adopts the child’s IEP from the 

previous DoDEA school; or 

(B) Develops, adopts, and implements 

a new IEP that meets the requirements 

of the IDEA and this part within 30 

school days of receipt of the incoming 

IEP. 

(iii) Coordinate assessments of 

children with disabilities who transfer 

with the child’s previous school as 

quickly as possible to facilitate prompt 

completion of full evaluations. 

(4) Referral by a Parent. Should a 

parent submit a written request for an 

evaluation because they suspect the 

child has a disability the CSC shall, 

within 15 school days, review the 

request, confer with the child’s teachers, 

and gather information related to the 

educational concerns. Following a 

review of the information, the CSC 

shall: 

(i) Convene a conference among the 

parents, teachers, and one or more other 

members of the CSC to discuss the 

educational concerns and document 

their agreements. Following the 

discussion, the parents may agree that: 

(A) The child’s needs are not 

indicative of a suspected disability and 

other supports and accommodations 

will be pursued; 

(B) Additional information is 

necessary and a pre-referral process will 

be initiated; or 

(C) Information from the conference 

will be forwarded to the CSC for action 

on the parent’s request for an 

evaluation. 

(ii) Within 10 school days of receipt 

of information from the conference 

regarding the parents’ request for 

evaluation, agree to initiate the 

preparation of an assessment plan for a 

full and comprehensive educational 

evaluation or provide written notice to 

the parent denying the formal 

evaluation. 

(5) Referral by a Teacher. 

(i) Prior to referring a child to the 

CSC, the teacher shall identify the 

child’s areas of specific instructional 

need and target instructional 

interventions to those needs as soon as 

the areas of need become apparent. 

(ii) If the area of specific instructional 

need is not resolved, the teacher shall 

initiate the pre-referral process 

involving other members of the school 

staff. 

(iii) If interventions conducted during 

pre-referral fail to resolve the area of 

specific instructional need, the teacher 

shall submit a formal referral to the 

CSC. 

(6) Assessment and Evaluation. 

(i) A full and comprehensive 

evaluation of educational needs shall be 

conducted prior to eligibility 

determination and before an IEP is 

developed or placement is made in a 

special education program, subject to 

the provisions for incoming students 

transferring to a DoDEA school as set 

forth in paragraph (b)(3) of this section. 

When the school determines that a child 


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should be evaluated for a suspected 

disability, the school will: 

(A) Issue a prior written notice to the 

parents of the school’s intention to 

evaluate and a description of the 

evaluation in accordance with 

paragraph (b)(19) of this section. 

(B) Provide parents notice of 

procedural safeguards. 

(C) Request that the parent execute a 

written consent for the evaluation in 

accordance with paragraph (b)(18) of 

this section. 

(ii) The CSC shall ensure that the 

following elements are included in a 

full and comprehensive assessment and 

evaluation of a child: 

(A) Screening of visual and auditory 

acuity. 

(B) Review of existing school 

educational and health records. 

(C) Observation in an educational 

environment. 

(D) A plan to assess the type and 

extent of the disability. A child shall be 

assessed in all areas related to the 

suspected disability. The assessment 

plan shall include, as appropriate: 

(1) An assessment of the level of 

functioning academically, intellectually, 

emotionally, socially, and in the family. 

(2) An assessment of physical status 

including perceptual and motor 

abilities. 

(3) An assessment of the need for 

transition services for students 16 years 

and older. 

(iii) The CSC shall involve the parents 

in the assessment process in order to 

obtain information about the child’s 

strengths and needs and family 

concerns. 

(iv) The CSC, as necessary, shall use 

all locally available community, 

medical, and school resources to 

accomplish the assessment and 

evaluation. At least one specialist with 

knowledge in the area of the suspected 

disability shall be a member of the 

multidisciplinary assessment team. 

(v) The CSC must obtain parental 

consent, in accordance with IDEA and 

this part, before conducting an 

evaluation. The parent shall not be 

required to give consent for an 

evaluation without first being informed 

of the specific evaluation procedures 

that the school proposes to conduct. 

(vi) The evaluation must be 

completed by the school within 45 

school days following the receipt of the 

parent’s written consent to evaluate in 

accordance with the school’s assessment 

plan. 

(vii) The eligibility determination 

meeting must be conducted within 10 

school days after completion of the 

school’s formal evaluation. 

(viii) All DoD elements including the 

CSC and related services providers 

shall: 

(A) Use a variety of assessment tools 

and strategies to gather relevant 

functional, developmental, and 

academic information, including 

information provided by the parent, 

which may assist in determining: 

(1) Whether the child has a disability. 

(2) The content of the child’s IEP, 

including information related to 

enabling the child to be involved and 

progress in the general education 

curriculum or, for preschool children, to 

participate in appropriate activities. 

(B) Not use any single measure or 

assessment as the sole criterion for 

determining whether a child has a 

disability or determining an appropriate 

educational program for the child. 

(C) Use technically sound instruments 

that may assess the relative contribution 

of cognitive and behavioral factors, in 

addition to physical or developmental 

factors. 

(ix) The CSC and DoD related services 

providers shall ensure that assessment 

materials and evaluation procedures are: 

(A) Selected and administered so as 

not to be racially or culturally 

discriminatory. 

(B) Provided in the child’s native 

language or other mode of 

communication and in the form most 

likely to yield accurate information on 

what the child knows and can do 

academically, developmentally, and 

functionally, unless it is clearly not 

feasible to so provide and administer. 

(C) Selected and administered to 

assess the extent to which the child 

with limited English proficiency has a 

disability and needs special education, 

rather than measuring the child’s 

English language skills. 

(D) Validated for the specific purpose 

for which they are used or intended to 

be used. 

(E) Administered by trained and 

knowledgeable personnel in compliance 

with the instructions of the testing 

instrument. 

(F) Selected to assess specific areas of 

educational needs and strengths and not 

merely to provide a single general 

intelligence quotient. 

(G) Administered to a child with 

impaired sensory, motor, or 

communication skills so that the results 

accurately reflect a child’s aptitude or 

achievement level or other factors the 

test purports to measure, rather than 

reflecting the child’s impaired sensory, 

manual, or speaking skills. 

(x) As part of an initial evaluation and 

as part of any reevaluation, the CSC 

shall review existing evaluation data on 

the child, including: 

(A) The child’s educational records. 

(B) Evaluations and information 

provided by the parents of the child. 

(C) Current classroom-based, local, or 

system-wide assessments and classroom 

observations. 

(D) Observations by teachers and 

related services providers. 

(xi) 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 academic 

achievement and related developmental 

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. 

(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 and to 

participate, as appropriate, in the 

general education curriculum. 

(xii) The CSC may conduct its review 

of existing evaluation data without a 

meeting. 

(xiii) The CSC shall administer tests 

and other evaluation materials as 

needed to produce the data identified in 

paragraph (b)(6)(ii) and (xi) of this 

section. 

(7) Eligibility. 

(i) The CSC shall: 

(A) Require that the full 

comprehensive evaluation of a child is 

accomplished by a multidisciplinary 

team, including specialists with 

knowledge in the area of the suspected 

disability and shall receive input from 

the child’s parent(s). 

(B) Convene a meeting to determine 

eligibility of a child for special 

education and related services not later 

than 10 school days after the child has 

been assessed by the school. 

(C) Afford the child’s parents the 

opportunity to participate in the CSC 

eligibility meeting. 

(D) Determine whether the child is a 

child with a disability as defined by the 

IDEA and this part, and the educational 

needs of the child. 

(E) Issue a written eligibility 

determination report, including a 

synthesis of evaluation findings, that 

documents a child’s primary eligibility 

in one of the disability categories 

described in paragraph (g) of this 

section, providing a copy of the 

eligibility determination report to the 

parent. 


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(F) Determine that a child does NOT 

have a disability if the determinant 

factor is: 

(1) Lack of appropriate instruction in 

essential components of reading; 

(2) Lack of instruction in 

mathematics; or 

(3) Limited English proficiency. 

(ii) The CSC shall reevaluate the 

eligibility of a child with a disability 

every 3 years, or more frequently, if the 

child’s educational or related services 

needs, including improved academic 

achievement and functional 

performance, warrant a reevaluation. 

School officials shall not reevaluate 

more often than once a year, unless the 

parents and the school officials agree 

otherwise. 

(A) 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. 

(B) 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, in 

accordance with paragraph (b)(19) of 

this section, provide prior written notice 

to the child’s parents of: 

(1) The determination that no 

additional assessment data are needed 

and the reasons for their determination. 

(2) The right of the parents to request 

an assessment to determine whether the 

child continues to have a disability and 

to determine the child’s educational 

needs. 

(C) The CSC is not required to 

conduct assessments for the purposes 

described in paragraph (b)(7)(i)(B)(2) of 

this section, unless requested to do so 

by the child’s parents. 

(iii) The CSC shall evaluate a child in 

accordance with paragraph (b)(7)(ii) of 

this section before determining that the 

child no longer has a disability. 

(iv) The CSC is not required to 

evaluate a child before the termination 

of the child’s eligibility due to 

graduation from secondary school with 

a regular diploma, or due to exceeding 

the age of eligibility for FAPE. 

(v) When a child’s eligibility has 

terminated due to graduation or 

exceeding the age of eligibility, the 

DoDEA school must provide the child, 

or the parent if the child has not yet 

reached the age of majority or is 

otherwise incapable of providing 

informed consent, with a summary of 

the child’s academic achievement and 

functional performance. 

(A) The summary of performance 

must be completed during the final year 

of a child’s high school education. 

(B) The summary must include: 

(1) Child’s demographics. 

(2) Child’s postsecondary goal. 

(3) Summary of performance in the 

areas of academic, cognitive, and 

functional levels of performance to 

include the child’s present level of 

performance, and the accommodations, 

modifications, and assistive technology 

that were essential in high school to 

assist the student in achieving 

maximum progress. 

(4) Recommendations on how to assist 

the child in meeting the child’s postsecondary goals. 

(8) IEP. 

(i) IEP Development. 

(A) DoDEA shall ensure that the CSC 

develops and implements an IEP to 

provide FAPE for each child with a 

disability who requires special 

education and related services as 

determined by the CSC. An IEP shall be 

in effect at the beginning of each school 

year for each child with a disability 

eligible for special education and 

related services under the IDEA and this 

part. 

(B) In developing the child’s IEP, the 

CSC shall consider: 

(1) The strengths of the child. 

(2) The concerns of the parents for 

enhancing the education of their child. 

(3) The results of the initial evaluation 

or most recent evaluation of the child. 

(4) The academic, developmental, and 

functional needs of the child. 

(ii) IEP Development Meeting. The 

CSC shall convene a meeting to develop 

the IEP of a child with a disability. The 

meeting shall: 

(A) Be scheduled within 10 school 

days from the eligibility meeting 

following a determination by the CSC 

that the child is eligible for special 

education and related services. 

(B) Include as participants: 

(1) 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 education curriculum and 

available resources. 

(2) Not less than one general 

education teacher of the child (if the 

child is, or may be, participating in the 

general education environment). 

(3) A special education teacher or 

provider. 

(4) One or both of the child’s parents. 

(5) An EIS coordinator or other 

representative of EIS, if the child is 

transitioning from EIS. 

(6) The child, if appropriate. 

(7) A representative of the evaluation 

team who is knowledgeable about the 

evaluation procedures used and can 

interpret the instructional implications 

of the results of the evaluation. 

(8) Other individuals invited at the 

discretion of the parents or school who 

have knowledge or special expertise 

regarding the child, including related 

services personnel, as appropriate. 

(iii) IEP Content. The CSC shall 

include in the IEP: 

(A) A statement of the child’s present 

levels of academic achievement and 

functional performance including: 

(1) How the child’s disability affects 

involvement and progress in the general 

education curriculum, or 

(2) For preschoolers, how the 

disability affects participation in 

appropriate activities. 

(B) A statement of measurable annual 

goals including academic and functional 

goals designed to meet: 

(1) The child’s needs that result from 

the disability to enable the child to be 

involved in and make progress in the 

general education curriculum. 

(2) Each of the child’s other 

educational needs resulting from his or 

her disability. 

(C) A description of how the child’s 

progress toward meeting the annual 

goals shall be measured, and when 

periodic progress reports will be 

provided to the parents. 

(D) A statement of the special 

education and related services, 

supplementary aids and services (which 

are based on peer-reviewed research to 

the extent practicable and shall 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: 

(1) Advance appropriately toward 

attaining the annual goals. 

(2) Be involved in and make progress 

in the general education curriculum and 

participate in extracurricular and other 

non-academic activities. 

(3) Be educated and participate with 

other children who may or may not 

have disabilities. 

(E) An explanation of the extent, if 

any, to which the child will not 

participate with non-disabled children 

in the regular class and in non-academic 

activities. 

(F) A statement of any individualized 

appropriate accommodations necessary 

to measure the child’s academic 

achievement and functional 

performance on system-wide or districtwide assessments. If the CSC determines 

that the child shall take an alternate 

assessment of a particular system-wide 

or district-wide assessment of student 

achievement (or part of an assessment), 

a statement of why: 

(1) The child cannot participate in the 

regular assessment. 


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(2) The particular alternate 

assessment selected is appropriate for 

the child. 

(G) Consideration of the following 

special factors: 

(1) Assistive technology devices and 

services for all children. 

(2) Language needs for the child with 

limited English proficiency. 

(3) Instruction in Braille and the use 

of Braille for a child who is blind or 

visually impaired, unless the CSC 

determines, after an evaluation of the 

child’s reading and writing skills, needs, 

and appropriate reading and writing 

media (including an evaluation of the 

child’s future needs for instruction in 

Braille or the use of Braille) that 

instruction in Braille or the use of 

Braille is not appropriate for the child. 

(4) Interventions, strategies, and 

supports including positive behavioral 

interventions and supports to address 

behavior for a child whose behavior 

impedes his or her learning or that of 

others. 

(5) Language and communication 

needs, and in the case of a child who 

is deaf or hard of hearing, opportunities 

for direct communications with peers 

and professional personnel in the 

child’s language and communication 

mode, academic level, and full range of 

needs, including opportunities for direct 

instruction in the child’s 

communication mode. 

(H) A statement of the amount of time 

that each service shall be provided to 

the child, including the date for 

beginning of services and the 

anticipated frequency, number of 

required related services sessions to be 

provided by EDIS, location and duration 

of those services (including adjusted 

school day or an extended school year), 

and modifications. 

(I) A statement of special 

transportation requirements, if any. 

(J) Physical education services, 

specially designed if necessary, shall be 

made available to every child with a 

disability receiving a FAPE. Each child 

with a disability must be afforded the 

opportunity to participate in the regular 

physical education program available to 

non-disabled children unless the child 

is enrolled full-time in a separate 

facility or needs specially designed 

physical education, as prescribed in the 

child’s IEP. 

(iv) Transition Services. 

(A) Beginning not later than the first 

IEP to be in effect when the child turns 

16, or younger if determined 

appropriate by the CSC, and updated 

annually, thereafter, the IEP must 

include: 

(1) Appropriate measurable 

postsecondary goals based on ageappropriate transition assessments 

related to training, education, 

employment and, where appropriate, 

independent living skills. 

(2) The transition services, including 

courses of study, needed to assist the 

child in reaching postsecondary goals. 

(B) Beginning at least 1 year before the 

child reaches the age of majority (18 

years of age), except for a child with a 

disability who has been determined to 

be incompetent in accordance with 

Federal or State law, a statement that 

the child has been informed of those 

rights that transfer to him or her in 

accordance with this part. 

(9) Implementation of the IEP. 

(i) The CSC shall ensure that all IEP 

provisions developed for any child 

entitled to an education by the DoDEA 

school system are fully implemented. 

(ii) The CSC shall: 

(A) Seek to obtain parental agreement 

and signature on the IEP before delivery 

of special education and related services 

in accordance with that IEP is begun. 

(B) Provide a copy of the child’s IEP 

to the parents. 

(C) Ensure that the IEP is 

implemented as soon as possible 

following the IEP development meeting. 

(D) Ensure the provision of special 

education and related services, in 

accordance with the IEP. 

(E) Ensure that the child’s IEP is 

accessible to each general education 

teacher, special education teacher, 

related service provider, and any other 

service provider who is responsible for 

its implementation, and that each 

teacher and provider is informed of: 

(1) His or her specific responsibilities 

related to implementing the child’s IEP. 

(2) The specific accommodations, 

modifications, and supports that must 

be provided for the child in accordance 

with the IEP. 

(F) Review the IEP for each child 

periodically and at least annually in a 

CSC meeting to determine whether the 

child has been progressing toward the 

annual goals. 

(G) Revise the IEP, as appropriate, and 

address: 

(1) Any lack of progress toward the 

annual goals and in the general 

education curriculum, where 

appropriate. 

(2) The results of any reevaluation. 

(3) Information about the child 

provided by the parents, teachers, or 

related service providers. 

(4) The child’s needs. 

(10) Placement and Least Restrictive 

Environment (LRE). 

(i) The CSC shall determine the 

educational placement of a child with a 

disability. 

(ii) The educational placement 

decision for a child with a disability 

shall be: 

(A) Determined at least annually. 

(B) Made in conformity with the 

child’s IEP. 

(C) Made in conformity with the 

requirements of IDEA and this part for 

LRE. 

(1) A child with a disability shall be 

educated, to the maximum extent 

appropriate, with children who are not 

disabled, and that special classes, 

separate schooling, or other removal of 

children with disabilities from the 

regular educational environment shall 

occur only if the nature or severity of 

the child’s disability that education in 

regular classes with the use of 

supplementary aids and services cannot 

be achieved satisfactorily. 

(2) A child with a disability shall not 

be removed from education in ageappropriate general education 

classrooms solely because of needed 

modifications in the general education 

classroom. 

(3) As appropriate, the CSC shall 

make provisions for supplementary 

services to be provided in conjunction 

with general education placement. 

(4) Special classes, separate schooling, 

or other removal of a child with a 

disability from the general education 

environment shall occur only when the 

nature or severity of the disability is 

such that education in general 

education classes with the use of 

supplementary aids and services cannot 

be achieved satisfactorily. 

(5) In providing or arranging for the 

provision of non-academic and 

extracurricular services and activities, 

including meals, recess periods, 

assemblies, and study trips, the CSC 

shall ensure that a child with a 

disability participates with non-disabled 

children in those services and activities 

to the maximum extent appropriate to 

the needs of that child. 

(iv) In determining the LRE for an 

individual student, the CSC shall 

consider: 

(A) The needs of the individual child 

as well as any potential harmful effect 

on the child or the quality of services 

that he or she needs. 

(B) A continuum of placement options 

must be made available to meet the 

needs of children with disabilities for 

special education and related services. 

The options on this continuum include 

the general education classroom, special 

classes (a self-contained classroom in 

the school), home bound instruction, or 

instruction in hospitals or institutions. 

(v) When special schools and 

institutions may be appropriate, the CSC 

shall consider such placement options 


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in coordination with the Area Special 

Education Office. 

(vi) In the case of a disciplinary 

placement, school officials shall follow 

the procedures set forth in paragraph 

(b)(13) of this section. 

(12) Extended School Year (ESY) 

Services. ESY services must be provided 

only if a child’s IEP team determines 

that the services are necessary for the 

provision of FAPE to the child. DoDEA 

may not: 

(i) Limit ESY services to particular 

categories of disability; or 

(ii) Unilaterally limit the type, 

amount, or duration of ESY services. 

(13) Discipline. (i) School Discipline. 

All regular disciplinary rules and 

procedures applicable to children 

attending a DoDEA school shall apply to 

children with disabilities who violate 

school rules and regulations or disrupt 

regular classroom activities, except that: 

(A) A manifestation determination 

must be conducted for discipline 

proposed for children with disabilities 

in accordance with DoDEA disciplinary 

rules and regulations and paragraph 

(b)(13)(v) of this section, and 

(B) The child subject to disciplinary 

removal shall continue to receive 

educational services in accordance with 

paragraph (b)(13)(iv) of this section. 

(ii) Change of Placement. (A) It is a 

change of placement if a child is 

removed from his or her current 

placement for more than 10 consecutive 

school days or for a series of removals 

that cumulates to more than 10 school 

days during the school year that meets 

the criteria of paragraph (b)(13)(ii)(C) of 

this section. 

(B) It is not a change of placement if 

a child is removed from his or her 

current academic placement for less 

than 10 consecutive or cumulative days 

in a school year for one incident of 

misconduct. A child can be removed 

from the current educational placement 

for separate incidents of misconduct in 

the same school year (as long as those 

removals do not constitute a change of 

placement under IDEA to the extent 

such a disciplinary alternative is 

applied to children without disabilities). 

(C) If a child has been removed from 

his or her current placement for more 

than 10 days in a school year, but not 

more than 10 consecutive school days, 

the CSC shall determine whether the 

child has been subject to a series of 

removals that constitute a pattern. The 

determination is made on a case-by-case 

basis and is subject to review by a 

hearing officer in accordance with the 

provisions of paragraph (d)(5) of this 

section. The CSC will base its 

determination on whether the child has 

been subjected to a series of removals 

that constitute a pattern by examining 

whether: 

(1) The child’s behavior is 

substantially similar to his or her 

behavior in previous incidents that 

resulted in the series of removals, and, 

(2) Additional factors such as the 

length of each removal, the total amount 

of time the child has been removed, and 

the proximity of the removals to one 

another. 

(D) On the date the decision is made 

to remove a child with a disability 

because of misconduct, when the 

removal would change the child’s 

placement, the school must notify the 

parents of that decision and provide the 

parents the procedural safeguards notice 

described in paragraph (b)(19) of this 

section. 

(iii) Period of Removal. School 

personnel may remove a child with a 

disability for misconduct from his or her 

current placement to an appropriate 

interim alternative educational setting 

(AES), another setting, or suspension: 

(A) For not more than 10 consecutive 

school days to the extent those 

alternatives are applied to children 

without disabilities (for example, 

removing the child from the classroom 

to the school library, to a different 

classroom, or to the child’s home), and 

for additional removals of not more than 

10 consecutive school days in that same 

school year for separate incidents of 

misconduct (as long as those removals 

do not constitute a pattern); or 

(B) For not more than 45 school days, 

without regard to whether the behavior 

is determined to be a manifestation of 

the child’s disability, if the child, at 

school, on school-provided 

transportation, on school premises, or at 

a school-sponsored event: 

(1) Carries a weapon or possesses a 

weapon; 

(2) Knowingly possesses or uses 

illegal drugs or sells or solicits the sale 

of a controlled substance; or 

(3) Has inflicted serious bodily injury 

upon another person. 

(C) After an expedited hearing if 

school personnel believe that returning 

the child to his or her current 

educational placement is substantially 

likely to cause injury to the child or to 

others. 

(iv) Required Services During 

Removal. (A) If a child with a disability 

is removed from his or her placement 

for 10 cumulative school days or less in 

a school year, the school is required 

only to provide services comparable to 

the services it provides to a child 

without disabilities who is similarly 

removed. 

(B) If a child with a disability is 

removed from his or her placement for 

more than 10 school days, where the 

behavior that gave rise to the violation 

of the school code is determined in 

accordance with paragraph (b)(13)(v) of 

this section not to be a manifestation of 

the child’s disability, or who is removed 

under paragraph (b)(13)(iii)(B) of this 

section 9irrespective of whether the 

behavior is determined to be a 

manifestation of the child’s disability, 

the school must: 

(1) Continue to provide the child with 

the educational services as identified by 

the child’s IEP as a FAPE so as to enable 

the child to continue participating in 

the general education curriculum, 

although in another setting, and to 

progress toward meeting the goals set 

out in the child’s IEP. 

(2) Provide, as appropriate, a 

functional behavioral assessment and 

behavioral intervention services and 

modifications designed to address the 

behavior violation so that it does not 

recur. 

(C) If a child with a disability has 

been removed for more than 10 

cumulative school days and the current 

removal is for 10 consecutive school 

days or less, then the CSC must 

determine whether the pattern of 

removals constitutes a change of 

placement in accordance with 

paragraph (b)(13)(ii) of this section. 

(1) If the CSC determines the pattern 

of removals is NOT a change of 

placement, then the CSC must 

determine the extent to which services 

are needed to enable the child to 

continue participating in the general 

education curriculum, although in 

another setting, and to progress toward 

meeting the goals set out in the child’s 

IEP. 

(2) If the CSC determines that the 

pattern of removals IS a change of 

placement, then the CSC must conduct 

a manifestation determination. 

(v) Manifestation Determination (A) A 

principal must give the notice required 

and convene a manifestation 

determination meeting with the CSC 

within 10 school days of 

recommending, in accordance with 

DoDEA Regulation 2051.1, a 

disciplinary action that would remove a 

child with disabilities for: 

(1) More than 10 consecutive school 

days, or 

(2) A period in excess of 10 

cumulative school days when the child 

has been subjected to a series of 

removals that constitute a pattern. 

(B) The manifestation CSC will review 

all relevant information in the child’s 

file (including the IEP, any teacher 

observations, and any information 

provided by the sponsor or parent) and 


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determine whether the misconduct was 

a manifestation of the child’s disability. 

(1) The misconduct must be 

determined to be a manifestation of the 

child’s disability if it is determined the 

misconduct: 

(i) Was caused by the child’s 

disability or had a direct and substantial 

relationship to the child’s disability; or 

(ii) Was the direct result of the 

school’s failure to implement the IEP. 

(2) If the determination is made that 

the misconduct was a manifestation of 

the child’s disability, the CSC must: 

(i) Conduct a functional behavioral 

assessment, unless the school 

conducted a functional behavioral 

assessment before the behavior that 

resulted in the change of placement 

occurred, and implement a behavioral 

intervention plan for the child; or 

(ii) Review any existing behavioral 

intervention or disciplinary plan and 

modify it, as necessary, to address the 

behavior; and 

(iii) Revise the student’s IEP or 

placement and delivery system to 

ensure that the student receives services 

in accordance with the IEP. 

(3) Unless the parent and school agree 

to a change of placement as part of the 

modification of the behavioral 

intervention plan, the CSC must return 

the child to the placement from which 

the child was removed: 

(i) Not later than the end of 10 days 

of removal; or 

(ii) Not later than the end of 45 

consecutive school days, if the student 

committed a weapon or drug offense or 

caused serious bodily injury for which 

the student was removed to an AES. 

(4) If the determination is made that 

the misconduct in question was the 

direct result of the school’s failure to 

implement the IEP, the school must take 

immediate steps to remedy those 

deficiencies. 

(5) If the determination is made that 

the behavior is NOT a manifestation of 

the child’s disability, school personnel 

may apply the relevant disciplinary 

procedures in the same manner and for 

the same duration as the procedures that 

would be applied to children without 

disabilities, and must: 

(i) Forward the case and a 

recommended course of action to the 

school principal, who may then refer 

the case to a disciplinary committee for 

processing. 

(ii) Reconvene the CSC following a 

disciplinary decision that would change 

the student’s placement to revise the 

child’s IEP and/or identify an 

appropriate educational setting and 

delivery system to ensure the child 

receives services in accordance with the 

IEP. 

(vi) Appeals of School Decision 

Regarding Placement or Manifestation 

Determination. (A) The parent of a child 

with a disability who disagrees with any 

decision regarding placement or 

manifestation determination, or a school 

that believes maintaining the current 

placement of the child is substantially 

likely to result in injury to the child or 

others, may appeal the decision by 

requesting an expedited due process 

hearing before a hearing officer by filing 

a petition in accordance with paragraph 

(d)(5) of this section. 

(B) A hearing officer, appointed in 

accordance with paragraph (d) of this 

section, hears and makes a 

determination regarding an appeal. In 

making the determination the hearing 

officer may: 

(1) Return the child with a disability 

to the placement from which the child 

was removed if the hearing officer 

determines that the removal was a 

violation of the authority of school 

personnel in accordance with this part 

or that the child’s behavior was a 

manifestation of the child’s disability; or 

(2) Order a change of placement of the 

child with a disability to an appropriate 

interim AES for not more than 45 school 

days if the hearing officer determines 

that maintaining the child’s current 

placement is substantially likely to 

result in injury to the child or to others. 

(C) At the end of the placement in the 

appropriate AES, the procedures for 

placement in an AES may be repeated, 

with the consent of the Area Director, if 

the school believes that returning the 

child to the original placement is 

substantially likely to result in injury to 

the child or to others. 

(D) When an appeal has been made by 

either the parent or the school, the child 

must remain in the interim AES 

pending the decision of the hearing 

officer or until the expiration of the 

specified time period, whichever occurs 

first, unless the parent and the DoDEA 

school system agree otherwise. 

(14) Children Not Yet Determined 

Eligible for Special Education. (i) A 

child who has not been determined to 

be eligible for special education and 

related services and who is subject to 

discipline may assert any of the 

protections provided for in paragraph 

(b)(19) of this section if the school had 

knowledge that the child was a child 

with a disability before the behavior that 

precipitated the disciplinary action 

occurred. 

(ii) DoDEA shall be deemed to have 

knowledge that a child is a child with 

a disability if, before the behavior that 

precipitated the disciplinary action 

occurred: 

(A) The parent of the child expressed 

concern in writing to a teacher of the 

child, the school principal or assistant 

principal, or the school special 

education coordinator that the child was 

in need of special education and related 

services; 

(B) The child presented an active IEP 

from another school; 

(C) The parent of the child requested 

an evaluation of the child; or 

(D) The teacher of the child or other 

school personnel expressed specific 

concerns about a pattern of behavior 

demonstrated by the child directly to 

the principal or assistant principal, the 

special education coordinator, or to 

another teacher of the child. 

(iii) A school is deemed NOT to have 

knowledge that a child is a child with 

a disability if: 

(A) The parent of the child has not 

allowed an evaluation of the child or the 

parent has revoked consent, in writing, 

to the delivery of the child’s special 

education and related services, in 

accordance with this part; or 

(B) The child has been evaluated and 

determined not to be a child with a 

disability. 

(iv) Conditions that apply if there is 

no basis of knowledge that the child is 

a child with a disability. 

(A) If a school has no basis of 

knowledge that a child is a child with 

a disability prior to taking disciplinary 

measures against the child, the child 

may be subjected to the disciplinary 

measures applied to non-disabled 

children who engage in comparable 

behaviors in accordance with paragraph 

(b)(13)(i) of this section. 

(B) If a request is made for an 

evaluation of a child during the time 

period when the child is subjected to 

disciplinary measures: 

(1) The evaluation must be expedited. 

(2) Until the evaluation is completed, 

the child remains in his or her then 

current educational placement, which 

can include suspension or expulsion 

without educational services. 

(v) If the child is determined to be a 

child with a disability, taking into 

consideration information from the 

evaluation conducted by the agency and 

information provided by the parents, the 

school must provide special education 

and related services in accordance with 

an IEP. 

(15) Referral to and Action by Law 

Enforcement and Judicial Authorities. 

(i) Rule of Construction. Nothing 

prohibits a school from reporting a 

crime threatened or committed by a 

child with a disability to appropriate 

authorities, or prevents military, hostnation, or State law enforcement and 

judicial authorities from exercising their 


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responsibilities with regard to the 

application of Federal, host-nation, and 

State law to crimes committed or 

threatened by a child with a disability. 

(ii) Transmittal of Records. An agency 

reporting a crime in accordance with 

this paragraph may transmit copies of 

the child’s special education and 

disciplinary records only to the extent 

that the transmission is in accordance 

with 32 CFR part 285. 

(16) Children With Disabilities Who 

are Placed in a Non-DoDEA School or 

Facility Pursuant to an IEP. (i) Children 

with disabilities who are eligible to 

receive a DoDEA school education, but 

are placed in a non-DoD school or 

facility by DoDEA because a FAPE 

cannot be provided by DoD, shall have 

all the rights of children with 

disabilities who are enrolled in a 

DoDEA school. 

(ii) A child with a disability may be 

placed at DoD expense in a non-DoD 

school or facility only if required by the 

IEP. 

(iii) DoDEA school officials shall 

initiate and conduct a meeting to 

develop an IEP for the child before 

placement. A representative of the nonDoD school or facility should attend the 

meeting. If the representative cannot 

attend, the DoDEA school officials shall 

communicate in other ways to facilitate 

participation including individual or 

conference telephone calls. A valid IEP 

must document the necessity of the 

placement in a non-DoD school or 

facility. The IEP must: 

(A) Be signed by an authorized 

DoDEA official before it becomes valid. 

(B) Include a determination that the 

DoDEA school system does not 

currently have and cannot reasonably 

create an educational program 

appropriate to meet the needs of the 

child with a disability. 

(C) Include a determination that the 

non-DoD school or facility and its 

educational program and related 

services conform to the requirements of 

this part. 

(iv) The DoD shall not be required to 

reimburse the costs of special education 

and related services if DoDEA made 

FAPE available in accordance with the 

requirements of the IDEA and a parent 

unilaterally places the child in a nonDoD school without the approval of 

DoDEA. 

(A) Reimbursement may be ordered 

by a hearing officer if he or she 

determines that DoDEA had not made 

FAPE available in a timely manner prior 

to enrollment in the non-DoDEA school 

and that the private placement is 

appropriate. 

(B) Reimbursement may be reduced or 

denied: 

(1) If, at the most recent CSC meeting 

that the parents attended prior to 

removal of the child from the DoDEA 

school, the parents did not inform the 

CSC that they were rejecting the 

placement proposed by the DoDEA 

school to provide FAPE to their child, 

including stating their concerns and 

their intent to enroll their child in nonDoD school at DoD expense. 

(2) If, at least 10 business days 

(including for this purpose any holidays 

that occur on a Monday through Friday) 

prior to the removal of the child from 

the DoDEA school, the parents did not 

give written notice to the school 

principal or CSC chairperson of the 

information described in paragraph 

(b)(16)(iv)(B)(1) of this section. 

(3) If, the CSC informed the parents of 

its intent to evaluate the child, using the 

notice requirement described in 

paragraph (b)(6)(i) and paragraph (b)(19) 

of this section, but the parents did not 

make the child available; or 

(4) Upon a hearing officer finding of 

unreasonableness with respect to 

actions taken by the parents. 

(C) Reimbursement may not be 

reduced or denied for failure to provide 

the required notice if: 

(1) The DoDEA school prevented the 

parent from providing notice; 

(2) The parents had not received 

notification of the requirement that the 

school provide prior written notice 

required by paragraph (b)(19) of this 

section; 

(3) Compliance would result in 

physical or emotional harm to the child; 

or 

(4) The parents cannot read and write 

in English. 

(17) Confidentiality of the Records. 

The DoDEA school and EDIS officials 

shall maintain all student records in 

accordance with 32 CFR part 310. 

(18) Parental Consent. (i) Consent 

Requirements. The consent of a parent 

of a child with a disability or suspected 

of having a disability shall be obtained 

before: 

(A) Initiation of formal evaluation 

procedures to determine whether the 

child qualifies as a child with a 

disability and prior to conducting a 

reevaluation; 

(B) Initial provision of special 

education and related services; or 

(ii) Consent for Initial Evaluation. If 

the parent of a child does not provide 

consent for an initial evaluation or fails 

to respond to a request for consent for 

an initial evaluation, then DoDEA may 

use the procedures described in 

paragraph (d) of this section to pursue 

an evaluation of a child suspected of 

having a disability. 

(A) Consent to evaluate shall not 

constitute consent for placement or 

receipt of special education and related 

services. 

(B) If a parent declines to give consent 

for evaluation, DoDEA shall not be in 

violation of the requirement to conduct 

child-find, the initial evaluation, or the 

duties to follow evaluation procedures 

or make an eligibility determination and 

write an IEP as prescribed in this 

section. 

(iii) Consent for Reevaluation. The 

school must seek to obtain parental 

consent to conduct a reevaluation. If the 

parent does not provide consent or fails 

to respond to a request for consent for 

a reevaluation, then the school may 

conduct the reevaluation without 

parental consent if the school can 

demonstrate that it has made reasonable 

efforts to obtain parental consent and 

documented its efforts. The 

documentation must include a record of 

the school’s attempts in areas such as: 

(A) Detailed records of telephone calls 

made or attempted and the results of 

those calls. 

(B) Copies of correspondence sent to 

the parents and any responses received. 

(C) Detailed records of visits made to 

the parents’ home, place of employment 

or duty station, and the results of those 

visits. 

(iv) Consent for the Initial Provision of 

Special Education and Related Services. 

The school that is responsible for 

making a FAPE available to a child with 

a disability under this part must seek to 

obtain informed consent from the parent 

of such child before providing special 

education and related services to the 

child. If the parent refuses initial 

consent for services, the DoDEA school: 

(A) May not use the procedures 

described in paragraph (d) of this 

section (mediation and due process) to 

obtain agreement or a ruling that the 

special education and related services 

recommended by the child’s CSC may 

be provided to the child without 

parental consent. 

(B) Shall not be considered to be in 

violation of the requirement to make a 

FAPE available to the child for its 

failure to provide those services to the 

child for which parental consent was 

requested. 

(C) Shall not be required to convene 

an IEP meeting or develop an IEP for the 

child. 

(19) Parent Revocation of Consent for 

Continued Special Education and 

Related Services. 

(i) Parents may unilaterally withdraw 

their children from further receipt of all 

special education and related services 

by revoking their consent for the 

continued provision of special 


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education and related services to their 

children. 

(ii) Parental revocation of consent 

must be in writing. 

(iii) Upon receiving a written 

revocation of consent, the DoDEA 

school must cease the provision of 

special education and related services 

and must provide the parents prior 

written notice before ceasing the 

provision of services. The notice shall 

comply with the requirements of 

paragraph (b)(19) of this section and 

shall advise the parent: 

(A) Changes in educational placement 

and services that will result from the 

revocation of consent. 

(B) That the school will terminate 

special education and related services to 

the child on a specified date, which 

shall be within a reasonable time 

following the delivery of the written 

notice. 

(C) That DoDEA will not be 

considered to be in violation of the 

requirement to make FAPE available to 

the child because of the failure to 

provide the child with further special 

education and related services. 

(D) That the DoDEA school will not be 

deemed to have knowledge that the 

child is a child with a disability and the 

child may be disciplined as a general 

education student and will not be 

entitled to the IDEA discipline 

protections. 

(E) That the parents maintain the right 

to subsequently request an initial 

evaluation to determine if the child is a 

child with a disability who needs 

special education and related services 

and that their child will not receive 

special education and related services 

until eligibility has been determined. 

(F) That the DoDEA school will not 

challenge, through mediation or a due 

process hearing, the revocation of 

consent to the provision of special 

education or related services. 

(G) That while the school is not 

required to convene a CSC meeting or to 

develop an IEP for further provision of 

special education and related services, it 

is willing to convene a CSC meeting 

upon request of the parent prior to the 

date that service delivery ceases. 

(iv) Revocation of consent for a 

particular service: 

(A) Upon receiving a revocation of 

consent for a particular special 

education or related service, the DoDEA 

school must provide the parent prior 

written notice in accordance with the 

requirements of paragraph (b)(19) of this 

section. 

(B) If parents disagree with the 

provision of a particular special 

education or related service and the 

school members of the CSC and the 

parents agree that the child would be 

provided a FAPE if the child did not 

receive that service, the child’s IEP may 

be modified to remove the service. 

(C) If the parent and the school 

members of the CSC disagree as to 

whether the child would be provided a 

FAPE if the child did not receive a 

particular service, the parent may use 

the mediation or due process 

procedures under this part to obtain a 

determination as to whether the service 

with which the parent disagrees is or is 

not appropriate to his or her child and 

necessary to FAPE, but the school may 

not cease the provision of a particular 

service that has been included in the 

child’s active IEP until the dispute is 

resolved. 

(20) Procedural Safeguards. (i) 

Parental Rights. Parents of children, 

ages 3 through 21 inclusive, with 

disabilities must be afforded procedural 

safeguards with respect to the provision 

of FAPE which shall include: 

(A) The right to confidentiality of 

personally identifiable information in 

accordance with Federal law and DoD 

regulations. 

(B) The right to examine records and 

to participate in meetings with respect 

to assessment, screening, eligibility 

determinations, and the development 

and implementation of the IEP. 

(C) The right to furnish or decline 

consent in accordance with this section. 

(D) The right to prior written notice 

when the school proposes to initiate or 

change, or refuses to initiate or change 

the identification, evaluation, 

educational placement, or provision of 

FAPE to a child with a disability. 

(1) The notice must be in sufficient 

detail to inform parents about: 

(i) The action that is being proposed 

or refused. 

(ii) An explanation of why the agency 

proposes or refuses to take the action. 

(iii) A description of any other options 

considered by the CSC and the reasons 

why those options were rejected. 

(iv) A description of the factors that 

were relevant to the agency’s proposal 

or refusal. 

(v) Each of the procedural safeguards 

that is available in accordance with the 

IDEA and this part. 

(vi) Sources for parents to contact to 

obtain assistance in understanding the 

provisions of this part. 

(vii) Dispute resolution procedures, 

including a description of mediation, 

how to file a complaint, due process 

hearing procedures, and applicable 

timelines. 

(2) The notice must be provided in 

language understandable to a lay person 

and 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. 

(E) The right to obtain an independent 

educational evaluation (IEE) of the 

child. 

(F) The right to timely administrative 

resolution of complaints. 

(G) The availability of dispute 

resolution through the administrative 

complaint, mediation, and due process 

procedures described in paragraph (d) of 

this section with respect to any matter 

relating to the identification, evaluation, 

or educational placement of the child, 

or a FAPE for the child, age 3 through 

21 years, inclusive. 

(H) The right of any party aggrieved 

by the decision regarding a due process 

complaint to bring a civil action in a 

district court of the United States of 

competent jurisdiction in accordance 

with paragraph (d)(21) of this section. 

(ii) Procedural Safeguards Notice. A 

DoDEA school shall not be required to 

give parents a copy of the procedural 

safeguards notice more than once a 

school year, except that a copy must be 

given to parents upon a request from the 

parents; upon initial referral for 

evaluation or parental request for 

evaluation; and upon receipt of the first 

due process complaint. 

(A) The procedural safeguards notice 

must include a full explanation of all of 

the procedural safeguards available, 

including: 

(1) Independent evaluation for 

children (3 through 21 years, inclusive). 

(2) Prior written notice. 

(3) Parental consent. 

(4) Access to educational records. 

(5) Dispute resolution procedures 

together with applicable timelines 

including: 

(i) The availability of mediation. 

(ii) Procedures for filing a due process 

complaint and the required time period 

within which a due process complaint 

must be filed. 

(iii) The opportunity for the DoDEA 

school system to resolve a due process 

complaint filed by a parent through the 

resolution process. 

(iv) Procedures for filing an 

administrative complaint and for 

administrative resolution of the issues. 

(6) The child’s placement during 

pendency of due process proceedings in 

accordance with paragraph (d)(18) of 

this section. 

(7) Procedures for children (3 through 

21 years, inclusive) who are subject to 

placement in an interim AES. 

(8) Requirements for unilateral 

placement by parents of children in 

private schools at public expense. 

(9) Due process hearings, including 

requirements for disclosure of 

evaluation results and 

recommendations. 


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(10) The right to bring a civil action 

in a district court of the United States 

in accordance with paragraph (d)(21) of 

this section, including the time period 

in which to file such action. 

(11) The possibility of an award of 

attorney’s fees to the prevailing party in 

certain circumstances. 

(B) The procedural safeguards notice 

must be: 

(1) Written in language 

understandable to the general public. 

(2) 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 procedural safeguards notice is 

not translated into the native language 

of the parent, then the DoDEA school 

system shall ensure that: 

(i) The notice is translated orally or by 

other means for the parent in his or her 

native language or other mode of 

communication. 

(ii) The parent understands the 

content of the notice. 

(iii) There is written evidence that the 

requirements above have been met. 

(iii) Independent Educational 

Evaluation (IEE). 

(A) Obtaining an IEE. The DoDEA 

school system shall provide to the 

parents, upon request for an IEE, 

information about where an IEE that 

meets DoDEA school system criteria, as 

set forth in paragraph (b)(19)(iii)(F) of 

this section, may be obtained. 

(B) Right to IEE. The parents of a child 

with a disability have a right to an IEE 

at the DoDEA school system expense if 

the parent disagrees with an evaluation 

obtained by the DoDEA school system, 

subject to paragraph (b)(19)(iii)(C) to (H) 

of this section. 

(C) Written Request for IEE. If a parent 

provides the DoDEA school system with 

a written request for an IEE funded by 

the school system, then the school 

system shall either: 

(1) Agree to fund an appropriate IEE 

that meets the DoDEA school system 

criteria, or 

(2) Initiate a due process hearing in 

accordance with paragraph (d) of this 

section, without unnecessary delay, and 

demonstrate that its evaluation was 

appropriate under this part. 

(i) If the DoDEA school system 

initiates a due process hearing and the 

final decision is that the school system’s 

evaluation is appropriate, the parent 

still has the right to an IEE, but not at 

public expense. 

(ii) If a parent requests an IEE, the 

DoDEA school system may ask for the 

parent’s reason why he or she objects to 

the school system’s evaluation. 

However, the parent may not be 

compelled to provide an explanation 

and the DoDEA school system may not 

unreasonably delay either agreeing to 

fund an IEE that meets DoDEA school 

system criteria or initiating a due 

process hearing to defend its evaluation. 

(D) Parent-Initiated Evaluations. If the 

parent obtains an IEE funded by the 

school system or shares with the DoDEA 

school system an evaluation obtained at 

private expense: 

(1) The results of the evaluation shall 

be considered by the DoDEA school if 

it meets the school system’s criteria in 

any decision made with respect to the 

provision of FAPE to the child. 

(2) The results may be presented by 

any party as evidence at a due process 

hearing under this section regarding that 

child. 

(3) The DoDEA school system may not 

be required to fund an IEE that has been 

obtained by a parent if at a due process 

hearing initiated by either party and 

conducted under this section, the 

DoDEA school system demonstrates 

either that: 

(i) The parentally obtained evaluation 

was not educationally appropriate or 

failed to meet agency criteria; or 

(ii) The DoDEA school system’s 

evaluation was appropriate. 

(E) Hearing Officer Order for 

Evaluation. A hearing officer may only 

order an IEE at the DoDEA school 

system’s expense as part of a due 

process hearing under this section if: 

(1) The school system has failed to 

demonstrate its assessment was 

appropriate; or 

(2) The school system has not already 

funded an IEE in response to a given 

school evaluation. 

(F) DoDEA School System Criteria. An 

IEE provided at the DoDEA school 

system’s expense must: 

(1) Conform to the requirements of 

paragraph (b)(6)(viii) and (ix) of this 

section. 

(2) Be conducted, when possible, in 

the geographic area where the child 

resides utilizing available qualified 

resources, including qualified 

examiners employed by the Military 

Department, unless the parent can 

demonstrate to the satisfaction of the 

DoDEA school system or in a due 

process hearing filed in accordance with 

paragraph (d) of this section, that the 

geographic limitation renders the IEE 

impossible. 

(3) Meet DoD standards governing 

persons qualified to conduct an IEE, 

including an evaluation for related 

services. 

(G) Conditions. Except for the criteria 

in paragraph (b)(6)(viii) and(b)(6)(ix) of 

this section, the DoDEA school system 

shall not impose conditions or timelines 

related to obtaining an IEE at the DoDEA 

school system expense. 

(H) Limitations. A parent is entitled to 

only one IEE at DoDEA school system 

expense in response to a given DoDEA 

school system evaluation with which 

the parent disagrees. 

(iv) Placement During Due Process, 

Appeal, or Civil Procedures. While an 

impartial due process proceeding, 

appeal proceeding, or civil proceeding 

is pending, unless the DoDEA school 

system and the parent of the child agree 

otherwise in writing, the child shall 

remain in his or her current placement, 

subject to the disciplinary procedures 

prescribed in paragraph (b)(13) of this 

section. 

(v) Transfer of Parental Rights at Age 

of Majority. 

(A) In the DoDEA school system, a 

child reaches the age of majority at age 

18. 

(B) 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 in 

accordance with Federal or State law) 

the rights afforded to the parents in 

accordance with the IDEA and this part 

transfer to the child. 

(C) When a child reaches the age of 

majority, the DoDEA school shall notify 

the child and the parents of the transfer 

of rights. 

(D) When a child with a disability 

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, reaches the age of majority, the 

DoD shall appoint a parent or the 

parents of the child to represent the 

educational interests of the child 

throughout the period of eligibility for 

special education services. 

(c) Procedures for Provision of Related 

Services by the Military Departments to 

Students With Disabilities in a DoDDS 

(1) Evaluation Procedures. 

(i) Upon request by a 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 shall oversee an EDIS 

evaluation used in determining a child’s 

need for related services. 

(ii) The medical or related services 

evaluation, including necessary 

consultation with other medical 

personnel, shall be supervised by a 

physician or other qualified healthcare 

provider. 

(iii) The medical or related services 

evaluation shall be specific to the 


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concerns addressed in the request from 

the CSC. 

(iv) The EDIS shall provide to the CSC 

an evaluation report that responds to the 

questions posed in the original request 

for an evaluation. The written report 

shall include: 

(A) Demographic information about 

the child, such as the child’s name, date 

of birth, and grade level 

(B) Behavioral observation of the 

child during testing. 

(C) Instruments and techniques used. 

(D) Evaluation results. 

(E) Descriptions of the child’s 

strengths and limitations. 

(F) Instructional implications of the 

findings. 

(G) The impact of the child’s medical 

condition(s), if applicable, on his or her 

educational performance. 

(v) If the EDIS that supports the 

DoDDS school requires assistance to 

conduct or complete an evaluation, the 

EDIS shall contact the MTF designated 

by the Military Department with 

geographic responsibility for the area 

where the EDIS is located. 

(vi) 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: 

(A) Obtain parental permission for the 

additional activities. 

(B) Complete its initial evaluation by 

the original due date. 

(C) Notify the CSC of the additional 

evaluation activities. 

(vii) When additional evaluation 

information is submitted by EDIS, the 

CSC shall review all data and determine 

the need for program changes and the 

reconsideration of eligibility. 

(viii) An EDIS provider shall serve on 

the CSC when eligibility, placement, or 

requirements for related services that 

EDIS provides are to be determined. 

(2) IEP 

(i) EDIS shall be provided the 

opportunity to participate in the IEP 

meeting. 

(ii) EDIS shall provide related services 

assigned to EDIS that are listed on the 

IEP. 

(3) Liaison With DoDDS. Each EDIS 

shall designate a special education 

liaison officer to: 

(i) Provide liaison between the EDIS 

and DoDDS on requests for evaluations 

and other matters within their purview. 

(ii) Offer, on a consultative basis, 

training for school personnel on medical 

aspects of specific disabilities. 

(iii) Offer consultation and advice as 

needed regarding the medical services 

provided at school (for example, 

tracheotomy care, tube feeding, 

occupational therapy). 

(iv) Participate with school 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 the requirements of 

the IDEA and this part. 

(d) Dispute Resolution and Due Process 

Procedures 

(1) General. This section establishes 

requirements for resolving disputes 

regarding the provision of EIS to an 

infant or toddler up to 3 years of age, or 

the identification, evaluation, or 

educational placement of a child (ages 

3 through 21, inclusive), or the 

provision of a FAPE to such child in 

accordance with the IDEA and this part. 

(2) Conferences. Whenever possible, 

parties are encouraged to resolve 

disputes through the use of conferences 

at the lowest level possible between the 

parents and EDIS or the DoDEA school. 

(i) Within a DoDEA school, problems 

should be brought first to the teacher, 

then the school administrator, and then 

the district office. 

(ii) At EDIS, problems should be 

brought first to the EDIS provider, then 

the EDIS program manager, and then the 

local MTF commander. 

(3) Administrative Complaints. (i) A 

complaint filed with the responsible 

agency, relating to the provision of 

services under the IDEA and this part, 

other than due process complaints filed 

in accordance with paragraph (d)(5) of 

this section, is known as an 

administrative complaint. 

(ii) An individual or organization may 

file an administrative complaint alleging 

issues relating to services required to be 

delivered under the IDEA and this part 

with: 

(A) The Office of the Inspector 

General of a Military Department when 

the issue involves services or programs 

for infants and toddlers with 

disabilities, or related services provided 

by the Military Departments to children 

with disabilities. 

(B) The DoDEA Director, Office of 

Investigations and Internal Review 

(OI&IR) when the issue involves the 

services or programs for children ages 3 

to 21, inclusive that are under the 

direction or control of the DoDEA 

school system. 

(iii) An administrative complaint 

alleging issues relating to services 

required to be delivered under the IDEA 

or this part must include: 

(A) A statement that the Military 

Service or the DoDEA school system has 

violated a requirement of the IDEA or 

this part. 

(B) The facts on which the statement 

is based. 

(C) The signature and contact 

information for the complainant. 

(D) If alleging violations with respect 

to specific children: 

(1) The name of the school the child 

is attending. 

(2) The name and address of the 

residence of the child. 

(3) A description of the nature of the 

problem of the child, including facts 

relating to the problem. 

(4) A proposed resolution of the 

problem to the extent known and 

available to the complainant at the time 

the complaint is filed. 

(iv) An administrative complaint may 

not allege a violation that occurred more 

than 1 year prior to the date that the 

complaint is received. 

(v) The complainant filing an 

administrative complaint alleging issues 

related to services required to be 

delivered under the IDEA or this part 

must forward a copy of the complaint to 

the DoDEA school or EDIS clinic serving 

the child at the same time the 

complainant files the complaint with 

the appropriate authority in paragraph 

(d)(3)(i) of this section. 

(A) Upon receipt of the complaint, the 

Inspector General of the Military 

Department concerned will notify the 

Secretary of the Military Department 

concerned, and the OCA will notify the 

Director, DoDEA, of the complaint. 

(B) Upon receipt of a complaint, the 

responsible Military Department 

Inspector General or the OCA shall, if 

warranted, promptly open an 

investigation consistent with its 

established procedures for investigating 

complaints. 

(1) The investigation shall afford the 

complainant an opportunity to submit 

additional information about the 

allegations. 

(2) The investigation shall afford the 

DoDEA school system or the Military 

Department an opportunity to: 

(i) Respond to the complaint; 

(ii) Propose a resolution to the 

complaint; or 

(iii) If the parties are willing, 

voluntarily engage in mediation of the 

complaint. 

(3) The investigation shall produce a 

report consistent with those the 

investigating agency routinely provides, 

shall determine whether its findings 

support the complaint, and shall state 

whether the DoDEA school system or 

the Military Department is violating a 

requirement of the IDEA or this part. 

(vi) The findings and conclusions of 

the report of investigation related to the 

administrative complaint shall be made 

available to the complainant and 


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members of the public in accordance 

with the standard operating procedures 

of the investigating activity and 32 CFR 

part 310 and 32 CFR part 285. 

(A) The investigating activity shall 

provide a copy of the report to the 

Director, DoDEA and the Secretary of a 

Military Department concerned or in 

accordance with the investigating 

activity’s protocols. 

(B) The report shall be provided, to 

the extent practicable, within 60 days of 

initiating the investigation, unless 

extended by the complainant and the 

DoDEA school system or the Military 

Department. 

(vii) The Secretary of the Military 

Department concerned or the Director, 

DoDEA shall resolve complaints within 

their respective area of responsibility 

when the Military Service or the DoDEA 

school system is found to have failed to 

provide appropriate services consistent 

with the requirements of the IDEA or 

this part. Remediation may include 

corrective action appropriate to address 

the needs of the child such as 

compensatory services, or monetary 

reimbursement where otherwise 

authorized by law. 

(viii) When a complaint received 

under this section is also the subject of 

a due process complaint regarding 

alleged violations of rights afforded 

under the IDEA and this part, or 

contains multiple issues of which one or 

more are part of that due process 

complaint, the investigation activity 

shall set aside any issues alleged in the 

due process complaint until a hearing is 

concluded in accordance with the IDEA 

and this part. Any issue that is not part 

of the due process hearing must be 

resolved using the procedures of this 

section. 

(ix) If an issue raised in a complaint 

filed under this section has been 

previously decided in a due process 

hearing involving the same parties: 

(A) The due process hearing decision 

is binding on that issue. 

(B) The Director, DoDEA or the 

Secretary of the Military Department 

concerned shall so inform the 

complainant. 

(4) Mediation. 

(i) A parent, the Military Department 

concerned, or DoDEA may request 

mediation at any time, whether or not 

a due process petition has been filed, to 

informally resolve a disagreement on 

any matter relating to the provision of 

EIS to an infant or toddler (birth up to 

3 years of age), or the identification, 

evaluation, or educational placement of 

a child (ages 3 through 21, inclusive), or 

the provision of a FAPE to such child. 

(ii) Mediation must be voluntary on 

the part of the parties and shall not be 

used to deny or delay a parent’s right to 

a due process hearing or to deny other 

substantive or procedural rights 

afforded under the IDEA. 

(A) DoDEA school officials participate 

in mediation involving special 

education and related services; the 

cognizant Military Department 

participates in mediation involving EIS. 

(B) The initiating party’s request must 

be written, include a description of the 

dispute, bear the signature of the 

requesting party, and be provided: 

(1) In the case of a parent initiating 

mediation, to: 

(i) The local EDIS program manager in 

disputes involving EDIS; or 

(ii) The school principal in disputes 

involving a DoDEA school. 

(2) In the case of the school or EDIS 

initiating mediation, to the parent. 

(C) Acknowledgment of the request 

for mediation shall occur in a timely 

manner. 

(D) Agreement to mediate shall be 

provided in writing to the other party in 

a timely manner. 

(ii) Upon agreement of the parties to 

mediate a dispute, the local EDIS or 

DoDEA school shall forward a request 

for a mediator to the Military 

Department or to DoDEA’s Center for 

Early Dispute Resolution (CEDR), 

respectively. 

(iii) The mediator shall be obtained 

from the Defense Office of Hearings and 

Appeals (DOHA) unless another 

qualified and impartial mediator is 

obtained by the Military Department or 

CEDR. 

(A) Where DOHA is used, the DOHA 

Center for Alternate Dispute Resolution 

(CADR) shall provide the mediator from 

its roster of mediators qualified in 

special education disputes. 

(B) Where the Military Department or 

DoDEA elects to secure a mediator 

through its own DoD Component 

resources, the mediator shall be selected 

from the Component’s roster of 

mediators qualified in special education 

disputes, or by contract with an outside 

mediator duly qualified in special 

education disputes and who is trained 

in effective mediation techniques. 

(iv) The Military Department or 

DoDEA through CEDR shall obtain a 

mediator within 15 business days of 

receipt of a request for mediation, or 

immediately request a mediator through 

the Director, DOHA, through the DOHA 

CADR. 

(v) When requested, the Director, 

DOHA, through the CADR, shall appoint 

a mediator within 15 business days of 

receiving the request, unless a party 

provides written notice to the Director, 

DOHA that the party refuses to 

participate in mediation. 

(vi) Unless both parties agree 

otherwise, mediation shall commence in 

a timely manner after both parties agree 

to mediation. 

(vii) The parents of the infant, toddler, 

or child, and EDIS or the school shall be 

parties in the mediation. With the 

consent of both parties, other persons 

may attend the mediation. 

(viii) Mediation shall be conducted 

using the following rules: 

(A) The Military Department 

concerned shall bear the cost of the 

mediation process in mediations 

concerning EIS. 

(B) DoDEA shall bear the cost of the 

mediation process in mediations 

concerning special education and 

related services. 

(C) The mediator may require the 

parties to sign a confidentiality pledge 

before the commencement of mediation. 

(D) Unless the parties and the 

mediator agree, no person may record a 

mediation session, nor shall any written 

notes be taken from the room by either 

party. 

(E) Either party may request a recess 

of a mediation session to consult 

advisors, whether or not present, or to 

consult privately with the mediator. 

(F) The mediator shall ensure and the 

contract for mediation services shall 

require that any partial or complete 

resolution or agreement of any issue in 

mediation is reduced to writing, and 

that the written agreement is signed and 

dated by the parties, with a copy given 

to each party. 

(ix) Any written agreement resulting 

from the mediation shall state that all 

discussions that occurred during the 

mediation process and all records of the 

mediation other than a final executed 

agreement shall be confidential and may 

not be discoverable or admissible as 

evidence in any subsequent due process 

proceeding, appeal proceeding, or civil 

proceeding under this part, and shall be 

legally binding upon the parties and 

enforceable in a district court of the 

United States. 

(x) All mediation sessions shall be 

held in a location that is convenient to 

both parties. 

(xi) No hearing officer or adjudicative 

body shall draw any inference from the 

fact that a mediator or a party withdrew 

from mediation or from the fact that 

mediation did not result in settlement of 

a dispute. 

(xii) Discussions and statements made 

during the mediation process, and any 

minutes, statements or other records of 

a mediation session other than a final 

executed mediation agreement, shall be 

considered confidential between the 

parties to that mediation and are not 

discoverable or admissible in a due 


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process proceeding, appeal proceeding, 

or civil proceeding under this part. 

(5) Due Process Complaint 

Procedures. 

(i) Parents of infants, toddlers, and 

children who are covered by this part 

and the cognizant Military Department 

or DoDEA, are afforded impartial 

hearings and administrative appeals 

after the parties have waived or 

participated in and failed to resolve a 

dispute through: 

(A) Mediation, in the case of an infant 

or toddler; or 

(B) A resolution process, or mediation 

in lieu of the resolution process prior to 

proceeding to a due process hearing, in 

the case of a child (ages 3 through 21 

years, inclusive). 

(ii) An impartial due process hearing 

is available to resolve any dispute 

concerning the provision of EIS to 

infants and toddlers with disabilities or 

with respect to any matter relating to the 

identification, evaluation, educational 

placement of, and the FAPE provided by 

the Department of Defense to children 

(ages 3 through 21, inclusive) who are 

covered by this part, in accordance with 

the IDEA and this part. 

(A) Whenever the parents or the 

cognizant Military Department present a 

due process complaint (petition) in 

accordance with this part, an impartial 

due process hearing is available to 

resolve any dispute concerning the 

provision of EIS. 

(B) When the parents of children ages 

3 through 21 years, inclusive, or the 

cognizant Military Department or 

DoDEA, present a due process 

complaint (petition) in accordance with 

this part relating to any matter regarding 

the identification, evaluation, 

placement, or the provision of FAPE, 

the parties shall first proceed in 

accordance with the requirements for a 

statutory resolution process in 

accordance with this part, after which 

time an impartial due process hearing is 

available to resolve the dispute set forth 

by the complaint. 

(iii) An expedited impartial due 

process hearing may be requested: 

(A) By a parent when the parent 

disagrees with the manifestation 

determination or any decision regarding 

the child’s disciplinary placement. 

(B) By the school when it believes that 

maintaining a student in his or her 

current educational placement is 

substantially likely to result in injury to 

the student or others and. 

(iv) Any party to a special education 

dispute may initiate a due process 

hearing by filing a petition stating the 

specific issues that are in dispute. The 

initiating party is the ‘‘petitioner’’ and 

the responding party is the 

‘‘respondent.’’ The petition itself will 

remain confidential, in accordance with 

applicable law, not be released to those 

not a party to the litigation and its 

Personally Identifiable Information shall 

be protected in accordance with the 

DoD Privacy Act. 

(v) Petitioner and respondent are each 

entitled to representation by counsel at 

their own expense. The parent and child 

may choose to be assisted by a personal 

representative with special knowledge 

or training with respect to the problems 

of disabilities rather than by legal 

counsel. 

(vi) To file a petition that affords 

sufficient notice of the issues and 

commences the running of relevant 

timelines, petitioners shall specifically 

include in the petition: 

(A) The name and residential address 

of the child and the name of the school 

the child is attending or the location of 

the EDIS serving the child. 

(B) A description of the dispute(s) 

between the parents and the school or 

EDIS describing the facts (who, what, 

when, where, how, why) pertinent to 

each dispute and relating those facts to: 

(1) A proposal, or the refusal of a 

proposal, to initiate or change the 

identification, evaluation, or 

educational placement of the child; or 

(2) Any allegation of the failure to 

provide a FAPE to the child. 

(C) A proposed resolution of the 

problem to the extent known and 

available to the petitioner at the time. 

(D) The signature of the parent, or if 

the petitioner is DoDEA or a Military 

Department, an authorized 

representative of that petitioner, or of 

the counsel or personal representative 

for the petitioner, and his or her 

telephone number and mailing address. 

(vii) When the cognizant Military 

Department or DoDEA petitions for a 

hearing, it shall additionally: 

(A) Inform the parent of the 10 

business-day deadline (or 5 school days 

in the case of an expedited hearing) for 

filing a response that specifically 

addresses the issues raised in the 

petition. 

(B) Provide the parent with a copy of 

this part. 

(viii) A special rule applies for 

expedited hearing requests. The 

petitioner must state, as applicable to 

his or her petition: 

(A) The disciplinary basis for the 

child’s change in placement to an 

interim AES or other removal from the 

child’s current placement. 

(B) The reasons for the change in 

placement. 

(C) The reasoning of the manifestation 

determination committee in concluding 

that a particular act of misconduct was 

not a manifestation of the child’s 

disability. 

(D) How the child’s current 

educational placement is or is not 

substantially likely to result in injury to 

the child or others. 

(ix) The petition or request for an 

expedited due process hearing must be 

delivered to: 

(A) The Director, DOHA, by mail to 

P.O. Box 3656, Arlington, Virginia 

22203, by fax to 703–696–1831, or email 

to specialedcomplaint@osdgc.osd.mil. 

Filing may also be made by hand 

delivery to the office of the Director, 

DOHA if approval from the Director, 

DOHA is obtained in advance of 

delivery. 

(B) The respondent by mail, fax, 

email, or hand delivery. 

(1) If the petitioner is a parent of a 

child (ages of 3–21, inclusive), or a child 

(in the event that rights have been 

transferred in accordance with 

paragraph (b)(19) of this section, the 

respondent is DoDEA and the petition 

must be delivered to and received by the 

principal of the school in which the 

child is enrolled, or if the child is 

enrolled in the Non-DoD School 

Program (NDSP) to the DoDEA General 

Counsel (generalcounsel@

hq.dodea.edu). 

(2) If the petitioner is the parent of an 

infant or toddler (birth to age 3), the 

respondent is the responsible Military 

Department and the petition must be 

delivered to and received by the EDIS 

manager. 

(3) If the petitioner is the responsible 

Military Department or DoDEA, the 

petition must be delivered to and 

received by the parent of the child. 

(C) Filing of the due process petition 

with DOHA is considered complete 

when received by DOHA. 

(x) The timelines for requesting and 

conducting a due process hearing are: 

(A) Timelines for Requesting a 

Hearing. A petitioner may not allege a 

violation that occurred more than 2 

years before the date the petitioner 

knew, or should have known, about the 

alleged action that forms the basis of the 

complaint, unless the parent was 

prevented from requesting the hearing 

due to: 

(1) Specific misrepresentation by 

DoDEA or EDIS that it had resolved the 

problem forming the basis of the 

complaint. 

(2) The withholding of information by 

DoDEA or EDIS from the petitioning 

parent that was required to be provided 

to the parent in accordance with the 

IDEA and this part. 

(B) Timeline for Conducting a Due 

Process Hearing. Except as provided in 

paragraph (d)(5)(x)(D) and (d)(8)(ii) of 


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this section, a hearing officer shall issue 

findings of fact and conclusions of law 

not later than 50 business days: 

(1) In a case involving EDIS, following 

the filing and service of a legally 

sufficient petition or amended petition 

in accordance with this section. 

(2) In disputes involving a school and 

a child age 3–21, inclusive, following 

the filing and service of a legally 

sufficient petition or amended petition 

in accordance with this section and the 

hearing officer’s receipt of notice that 

the 30-day resolution period concluded 

without agreement, the parties waived 

the resolution meeting, or the parties 

have concluded mediation in lieu of the 

resolution process without reaching 

agreement. 

(C) Exceptions to the Timelines for 

Conduct of a Hearing 

(1) When the hearing officer grants a 

request for discovery made by either 

party, as provided for in paragraph 

(d)(10) of this section, in which case the 

time required for such discovery does 

not count toward the 50 business days. 

(2) When the hearing officer grants a 

specific extension of time for good cause 

in accordance with paragraph (d)(8) of 

this section. 

(D) Timeline for Conducting an 

Expedited Hearing. (i) In the event of a 

petition for expedited hearing is 

requested, a DOHA hearing officer shall 

arrange for the hearing to be held not 

later than 20 school days (when school 

is in session) of the date the request is 

filed with DOHA, subject to the timeline 

for scheduling a resolution meeting and 

the 15 day resolution period 

requirements of this section. 

(ii) The hearing officer must make a 

determination within 10 school days 

after the hearing. 

(6) Responses and Actions Required 

Following Receipt of a Petition or 

Request for Expedited Hearing. (i) 

Immediately upon receipt of the 

petition, the Director, DOHA, shall 

appoint a hearing officer to take charge 

of the case. 

(A) The hearing officer shall 

immediately notify the parties of his or 

her appointment. 

(B) Upon receipt of notice that a 

hearing officer is appointed, the parties 

shall communicate all motions, 

pleadings, or amendments in writing to 

the hearing officer, with a copy to the 

opposing party, unless the hearing 

officer directs otherwise. 

(ii) Within 10 business days of receipt 

of the petition (5 school days when 

school is in session in the case of a 

petition for an expedited hearing), the 

respondent shall deliver a copy of the 

written response to the petitioner and 

file the original written response with 

the hearing officer. Filing may be made 

by mail to P.O. Box 3656, Arlington, 

Virginia 22203, by fax to 703–696–1831, 

by hand delivery if approved in advance 

by the hearing officer, or by email to 

specialedcomplaint@osdgc.osd.mil. If a 

hearing officer has not yet been 

appointed, the respondent will deliver 

the original written response to the 

Director, DOHA in accordance with 

paragraph (d)(5)(ix) of this section. 

(iii) The respondent shall specifically 

address the issues raised in the due 

process hearing petition. 

(iv) If the respondent is the cognizant 

Military Department or DoDEA, the 

response shall include: 

(A) An explanation of why the 

respondent proposed or refused to take 

the action at issue in the due process 

complaint. 

(B) A description of each evaluation 

procedure, assessment, record, or report 

the DoD Component used as the basis 

for the proposed or refused action. 

(C) A description of the options that 

the respondent considered and the 

reasons why those options were 

rejected. 

(D) A description of the other factors 

that are relevant to the respondent’s 

proposed or refused action. 

(v) The respondent may file a notice 

of insufficient petition within 15 

business days of receiving a petition if 

the respondent wishes to challenge the 

sufficiency of the petition for failure to 

state the elements required by the IDEA. 

Within 5 business days of receiving a 

notice of insufficient petition, the 

hearing officer will issue a decision and 

will notify the parties in writing of that 

determination. 

(vi) A response to the petitioner shall 

not be construed to preclude the 

respondent from asserting that the 

parents’ due process complaint was 

insufficient. 

(vii) Parties may amend a petition 

only if: 

(A) The other party consents in 

writing to such amendment and is given 

the opportunity to resolve the complaint 

through the resolution process; or 

(B) The hearing officer grants 

permission, except that the hearing 

officer may not grant such permission at 

any time later than 5 days before a due 

process hearing is scheduled to begin. 

(viii) The filing of an amended 

petition resets the timelines for: 

(A) The conduct of a resolution 

meeting and the resolution period 

relating to the amended petition, and 

(B) All deadlines for responses and 

action required following the receipt of 

the amended petition, and for 

conducting a due process hearing on the 

amended petition. 

(7) Statutory Resolution Process. A 

resolution meeting shall be convened by 

DoDEA and a resolution period 

afforded, in accordance with this 

section, for any dispute in which a due 

process petition has been filed regarding 

the the identification, evaluation, or 

educational placement, or the provision 

of FAPE for children ages 3 to 21, 

inclusive. 

(i) Within 15 calendar days of 

receiving the parent’s petition for due 

process (7 calendar days in the case of 

an expedited hearing), DoDEA, through 

the pertinent school principal or 

superintendent, shall convene a dispute 

resolution meeting, which must be 

attended by: 

(A) The parents. 

(B) A legal representative of the 

parents if desired by the parents. 

(C) A DoDEA official designated and 

authorized by the District 

Superintendent or Area Director to 

exercise decision-making authority on 

behalf of DoDEA. 

(D) A DoDEA legal representative, 

only if the parent is represented by 

counsel at the resolution meeting. 

(E) The relevant members of the 

child’s CSC who have specific 

knowledge of the facts identified in the 

petition. 

(ii) The parties may agree to mediate 

in lieu of conducting a resolution 

meeting or in lieu of completing the 

resolution period. The resolution 

meeting need not be held if the parties 

agree in writing to waive the meeting or 

agree to use the mediation process. 

(iii) Failure to convene or participate 

in resolution meeting. 

(A) If DoDEA has offered to convene 

a resolution meeting and has been 

unable to obtain parental participation 

in the resolution meeting after making 

and documenting its reasonable efforts, 

DoDEA may, at the conclusion of the 

resolution period (30 days or 15 days in 

the case of an expedited hearing) 

request that a hearing officer dismiss the 

parent’s due process complaint or 

request for an expedited due process 

hearing. 

(B) If DoDEA fails to convene a 

resolution meeting within 15 days of 

receipt of a due process complaint or if 

it fails to participate in the resolution 

meeting, the parent may request the 

hearing officer to immediately convene 

the due process hearing without waiting 

for the 30-day resolution period to 

expire. 

(iv) DoDEA shall have a 30-day 

resolution period, counted from the 

receipt of the complaint by the school 

principal, (15 days in the case of an 

expedited hearing request) within 


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which to resolve the complaint to the 

satisfaction of the parents. 

(v) The resolution period may be 

adjusted because of one of the following 

events: 

(A) Both parties agree in writing to 

waive the resolution meeting. 

(B) After the resolution meeting starts, 

but before the end of the applicable 

resolution period, the parties agree in 

writing that no agreement is possible 

and agree to waive the balance of the 

resolution period. 

(C) Both parties agree in writing to 

continue the resolution meeting at the 

end of the applicable resolution period, 

but later the parent or the school 

withdraws from the resolution process. 

(vi) If a partial or complete resolution 

to the dispute is reached at the 

resolution meeting, the parties must 

execute a written agreement that is: 

(A) Signed by both the parents and a 

representative of the school with 

authority to bind the school to the terms 

of the agreement. 

(B) Legally enforceable in a U.S. 

District Court of competent jurisdiction, 

unless the parties have voided the 

agreement within an agreement review 

period of 3 business days following the 

execution of the agreement. 

(vii) Discussions held, minutes, 

statements, and other records of a 

resolution meeting, and any final 

executed resolution agreement are not 

presumed confidential and therefore are 

discoverable and admissible in a due 

process proceeding, appeal proceeding, 

or civil proceeding, except when the 

parties have agreed to confidentiality. 

(viii) If DoDEA has not resolved the 

complaint to the satisfaction of the 

parents at the expiration of the 

resolution period or the adjusted 

resolution period, if applicable: 

(A) DoDEA shall provide written 

notice to the hearing officer, copy to the 

parents, within 3 business days (1 

business day in the case of an expedited 

hearing) of the expiration of the 

resolution period or adjusted resolution 

period that the parties failed to reach 

agreement. 

(B) Upon receipt of that notification 

by the hearing officer, all of the 

applicable timelines for proceeding to a 

due process hearing under this section 

shall commence. 

(ix) If the parties execute a binding 

written agreement at the conclusion of 

the resolution period, and do not 

subsequently declare it void during the 

3-business day agreement review 

period, then: 

(A) DoDEA shall provide written 

notice to the hearing officer, copy to the 

parents, at the conclusion of the 

agreement review period that the parties 

have reached an agreement for 

resolution of complaints set forth in the 

due process petition. 

(B) Upon receipt of that notification 

by the presiding hearing officer, no due 

process hearing shall proceed on the 

issues resolved. 

(8) The Due Process Hearing. (i) 

Purpose. The purpose of the due process 

hearing is to establish the relevant facts 

necessary for the hearing officer to reach 

a fair and impartial determination of the 

case. 

(ii) Hearing Officer Duties. The 

hearing officer shall be the presiding 

officer, with judicial powers to manage 

the proceeding and conduct the hearing. 

Those powers shall include, but are not 

limited to, the authority to: 

(A) Determine the adequacy of 

pleadings. 

(B) Decide whether to allow 

amendment of pleadings, provided 

permission is granted to authorize the 

amendment not later than 5 days before 

a due process hearing occurs. 

(C) Rule on questions of timeliness 

and grant specific extension of time for 

good cause either on his or her own 

motion or at the request of either party. 

(1) Good cause includes the time 

required for mediation in accordance 

with paragraph (d)(4) of this section 

where the parties have jointly requested 

an extension of time in order to 

complete mediation. 

(2) 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. Any such 

extension shall be excluded from the 

time required to convene a hearing or 

issue a final decision, and at the 

discretion of the hearing officer may 

delay other filing dates specified by this 

section. 

(D) Rule on requests for discovery and 

discovery disputes. 

(E) Order an evaluation of the child at 

the expense of the DoDEA school 

system or the Military Department 

concerned. 

(F) Rule on evidentiary issues. 

(G) Ensure a full and complete record 

of the case is developed. 

(H) Decide when the record in a case 

is closed. 

(I) Issue findings of fact and 

conclusions of law. 

(J) Issue a decision on substantive 

grounds based on a determination of 

whether the child received a FAPE. 

When the petition alleges a procedural 

violation, a hearing officer may find that 

a child did not receive a FAPE only if 

the procedural inadequacies: 

(1) Impeded the child’s right to a 

FAPE; 

(2) Significantly impeded the parent’s 

opportunity to participate in the 

decision-making process regarding the 

provision of FAPE to the child; or 

(3) Caused a deprivation of 

educational benefits. 

(K) Order such relief as is necessary 

for the child to receive a FAPE or 

appropriate EIS, including ordering the 

DoDEA school system or the responsible 

Military Department to: 

(1) Correct a procedural deficiency 

that caused a denial of a FAPE or 

appropriate EIS; 

(2) Conduct evaluations or 

assessments and report to the hearing 

officer; 

(3) Change the school-aged child’s 

placement or order the child to an AES 

for up to 45 days; 

(4) Provide EIS or specific school-age 

educational or related services to a child 

to remedy a denial of FAPE, including 

compensatory services when 

appropriate and in accordance with the 

current early intervention or 

educational program; or 

(5) Placement of a school-aged child 

in an appropriate residential program 

for children with disabilities at DoD 

expense, when appropriate under the 

law and upon a determination that 

DoDEA has failed to provide and cannot 

provide an otherwise eligible child with 

a FAPE at the appropriate DoD facility. 

(i) A residential program must be one 

that can address the specific needs of 

the child as determined by the DoDEA 

school. 

(ii) The program should, whenever 

possible, be located near members of the 

child’s family. 

(9) Attendees at the Hearing. 

Attendance at the hearing is limited to: 

(i) The parents and the counsel or 

personal representative of the parents. 

(ii) A representative of DoDEA or the 

EDIS concerned and the counsel 

representing DoDEA or the EDIS. 

(iii) Witnesses for the parties, 

including but not limited to the 

professional employees of DoDEA or the 

EDIS concerned and any expert 

witnesses. 

(iv) A person qualified to transcribe or 

record the proceedings. 

(v) Other persons with the agreement 

of the parties or the order of the hearing 

officer, in accordance with the privacy 

interests of the parents and the 

individual with disabilities. 

(10) Discovery. (i) Full discovery shall 

be available, with the Federal Rules of 

Civil Procedure, Rules 26–37, 28 U.S.C. 

appendix, serving as a guide to parties 

to a due process hearing or conducted 

in accordance with this part. 

(ii) If voluntary discovery cannot be 

accomplished, a party seeking discovery 


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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 document or information sought 

is relevant or reasonably calculated to 

lead to the discovery of admissible 

evidence. An order granting discovery, 

or compelling testimony or the 

production of evidence shall be 

enforceable by all reasonable means 

within the authority of the hearing 

officer, to include the exclusion of 

testimony or witnesses, adverse 

inferences, and dismissal or summary 

judgment. 

(iii) Records compiled or created in 

the regular course of business, which 

have been provided to the opposing 

party at least 5 business days prior to 

the hearing, may be received and 

considered by the hearing officer 

without authenticating witnesses. 

(iv) A copy of the written or electronic 

transcription of a deposition taken by a 

Military Department or DoDEA shall be 

made available by the Military 

Department or DoDEA without charge to 

the opposing party. 

(11) Right to an Open Hearing. The 

parents, or child who has reached the 

age of majority, have the right to an 

open hearing upon waiving, in writing, 

their privacy rights and those of the 

individual with disabilities who is the 

subject of the hearing. 

(12) Location of Hearing. Subject to 

modification by the hearing officer for 

good cause shown or upon the 

agreement of the parties, the hearing 

shall be held: 

(i) In the DoDEA school district 

attended by the child (ages 3 through 

21, inclusive): 

(ii) On the military installation of the 

EDIS serving infants and toddlers with 

disabilities; or 

(iii) At a suitable video 

teleconferencing facility convenient for 

the parents of the child involved in the 

hearing and available for the duration of 

a hearing. 

(13) Witnesses and Documentary 

Evidence. (i) 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 a hearing along with 

a proffer of the anticipated testimony of 

each witness. 

(ii) At least 10 business days prior to 

a hearing, each party must provide the 

name, title, description of professional 

qualifications, and summary of 

proposed testimony of any expert 

witness it intends to call at the hearing. 

(iii) Failure to disclose documents, 

materials, or witnesses may result in the 

hearing officer barring their 

introduction at the hearing. 

(iv) Parties must limit evidence to the 

issues specifically pleaded, except by 

order of the hearing officer or with the 

consent of the parties. 

(v) The rules of evidence shall be 

relaxed to permit the development of a 

full evidentiary record with the Federal 

Rules of Evidence, 28 U.S.C. appendix, 

serving as guide. 

(vi) All witnesses testifying at the 

hearing shall be advised by the hearing 

officer that under 18 U.S.C. 1001, it is 

a criminal offense to knowingly and 

willfully make a materially false, 

fictitious, or fraudulent statement or 

representation to a department or 

agency of the U.S. Government as to any 

matter within the jurisdiction of that 

department or agency, and may result in 

a fine or imprisonment. 

(vii) A party calling a witness shall 

bear the witness’ travel and incidental 

expenses associated with testifying at 

the hearing. The DoDEA school system 

or the Military Department concerned 

shall pay such expenses if a witness is 

called by the hearing officer. 

(viii) The parties shall have the right 

to cross-examine witnesses testifying at 

the hearing. 

(ix) The hearing officer may issue an 

order compelling a party to make a 

specific witness employed by or under 

control of the party available for 

testimony at the party’s expense or to 

submit specific documentary or 

physical evidence for inspection by the 

hearing officer or for submission into 

the record on motion of either party or 

on the hearing officer’s own motion. 

(x) When the hearing officer 

determines that a party has failed to 

obey an order to make a specific witness 

available for testimony or to submit 

specific documentary or physical 

evidence in accordance with the hearing 

officer’s order, and that such failure is 

in knowing and willful disregard of the 

order, the hearing officer shall so certify 

as a part of the written record in the case 

and may order appropriate sanctions. 

(14) Transcripts. (i) A verbatim 

written transcription of any deposition 

taken by a party shall be provided to the 

opposing party in hardcopy written 

format or as attached to an electronic 

email with prior permission of the 

recipient. If a Military Department or 

DoDEA takes a desposition, the 

verbatim written transcript of that 

deposition shall be provided to the 

parent(s) without charge. 

(ii) A verbatim written transcription 

of the due process hearing shall be 

arranged by the hearing officer and shall 

be made available to the parties in 

hardcopy written format, or as an 

attachment to an electronic email, with 

prior permission of the recipient, on 

request and without cost to the 

parent(s), and a copy of the verbatim 

written transcript of the hearing shall 

become a permanent part of the record 

(15) Hearing Officer’s Written 

Decision. (i) The hearing officer shall 

make written findings of fact and 

conclusions of law and shall set forth 

both in a written decision addressing 

the issues raised in the due process 

complaint, the resolution of those 

issues, and the rationale for the 

resolution. 

(ii) The hearing officer’s decision of 

the case shall be based on the record, 

which shall include the petition, the 

answer, the transcript 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. 

(iii) The hearing officer shall file the 

written decision with the Director, 

DOHA, and additionally provide the 

Director, DOHA with a copy of that 

decision from which all personally 

identifiable information has been 

redacted. 

(iv) The Director, DOHA, shall 

forward to parents and to the DoDEA or 

the EDIS concerned, copies, unredacted 

and with all personally identifiable 

information redacted, of the hearing 

officer’s decision. 

(v) The decision of the hearing officer 

shall become final unless a timely 

notice of appeal is filed in accordance 

with paragraph (d)(17) of this section. 

(vi) The DoDEA or the EDIS 

concerned shall implement the decision 

as soon as practicable after it becomes 

final. 

(16) Determination Without Hearing. 

(i) At the request of a parent of an infant 

or toddler, birth to 3 years of age, when 

EIS are at issue, or of a parent of a child 

age 3 through 21, inclusive, or child 

who has reached the age of majority, 

when special education (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 and issue a 

written decision within the period fixed 

by paragraph (d)(5)(x) of this section. 

(ii) DoDEA or the EDIS concerned 

may oppose a request to waive a 

hearing. In that event, the hearing 

officer shall rule on the request. 


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(iii) Documentary evidence submitted 

to the hearing officer in a case 

determined without a hearing shall 

comply with the requirements of 

paragraph (d)(13) of this section. A party 

submitting such documents shall 

provide copies to all other parties. 

(17) Appeal of Hearing Officer 

Decision. (i) A party may appeal the 

hearing officer’s findings of fact and 

decision by filing a written notice of 

appeal within 15 business days of 

receipt of the hearing officer’s decision 

with the Chairperson, DOHA Appeal 

Board by mail to P.O. Box 3656, 

Arlington, Virginia 22203, by fax to 

703–696–1831, by email to 

specialedcomplaint@osdgc.osd.mil, or 

by hand delivery to the office of the 

Chairperson, DOHA Appeal Board if 

approval from the Chairperson, DOHA 

Appeal Board is obtained in advance of 

delivery. The notice of appeal must 

contain the appealing party’s 

certification that a copy of the notice of 

appeal has been provided to the other 

party by mail. 

(ii) Within 30 business days of filing 

the notice of appeal, the appealing party 

shall file a written statement of issues 

and arguments on appeal with the 

Chairperson, DOHA Appeal Board by 

mail to P.O. Box 3656, Arlington, 

Virginia 22203, by fax to 703–696–1831, 

by email to specialedcomplaint@

osdgc.osd.mil, or by hand delivery to 

the office of the Chairperson, DOHA 

Appeal Board if approval from the 

Chairperson, DOHA Appeal Board is 

obtained in advance of filing. The 

appealing party shall deliver a copy to 

the other party by mail. 

(iii) The non-appealing party shall file 

any reply within 20 business days of 

receiving the appealing party’s 

statement of issues and arguments on 

appeal with the Chairperson, DOHA 

Appeal Board by mail to P.O. Box 3656, 

Arlington, Virginia 22203, by fax to 

703–696–1831, by email to 

specialedcomplaint@osdgc.osd.mil, or 

by hand delivery to the office of the 

Chairperson, DOHA Appeal Board if 

approval from the Chairperson, DOHA 

Appeal Board is obtained in advance of 

filing. The non-appealing party shall 

deliver a copy of the reply to the 

appealing party by mail. 

(iv) Appeal filings with DOHA are 

complete upon transmittal. It is the 

burden of the appealing party to provide 

timely transmittal to and receipt to 

DOHA. 

(v) The DOHA Appeal Board, shall 

issue a decision on all parties’ appeals 

within 45 business days of receipt of the 

matter. 

(vi) 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, in accordance with the IDEA, 

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. 

(vii) 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 section before seeking 

judicial review of a determination. 

(18) Maintenance of Current 

Educational Placement. (i) Except when 

a child is in an interim AES for 

disciplinary reasons, during the 

pendency of any proceeding conducted 

pursuant to this section, unless the 

school and the parents otherwise agree, 

the child will remain in the then current 

educational placement. 

(ii) When the parent has appealed a 

decision to place a child in an interim 

AES, the child shall remain in the 

interim setting until the expiration of 

the prescribed period or the hearing 

officer makes a decision on placement, 

whichever occurs first, unless the parent 

and the school agree otherwise. 

(19) General Hearing Administration. 

The Director, DOHA, shall: 

(i) Exercise administrative 

responsibility for ensuring the 

timeliness, fairness, and impartiality of 

the hearing and appeal procedures to be 

conducted in accordance with this 

section. 

(ii) Appoint hearing officers from the 

DOHA Administrative judges who shall: 

(A) Be attorneys who are active 

members of the bar of the highest court 

of a State, U.S. Commonwealth, U.S. 

Territory, or the District of Columbia 

and permitted to engage in the active 

practice of law, who are qualified in 

accordance with DoD Instruction 

1442.02 (see http://www.dtic.mil/whs/

directives/corres/pdf/144202p.pdf). 

(B) Possess the knowledge of and 

ability to: 

(1) Understand the provisions of the 

IDEA and this part, and related Federal 

regulations and legal interpretations of 

those regulations by Federal courts. 

(2) Conduct hearings in accordance 

with appropriate, standard legal 

practice. 

(3) Render and write decisions in 

accordance with the requirements of 

this part. 

(C) Be disqualified from presiding in 

any individual case if the hearing 

officer: 

(1) Has a personal or professional 

interest that conflicts with the hearing 

officer’s objectivity in the hearing. 

(2) Is a current employee of, or 

military member assigned to, DoDEA or 

the Military Medical Department 

providing services in accordance with 

the IDEA and this part. 

(20) Publication and Reporting of 

Final Decisions. The Director, DOHA, 

shall ensure that hearing officer and 

appeal board decisions in cases arising 

in accordance with this section are 

published and indexed with all 

personally identifiable information 

redacted to protect the privacy rights of 

the parents who are parties in the due 

process hearing and the children of such 

parents, in accordance with 32 CFR part 

310. 

(21) Civil Actions. Any party 

aggrieved by the final administrative 

decision of a due process complaint 

shall have the right to file a civil action 

in a district court of the United States 

of competent jurisdiction, without 

regard to the amount in controversy. 

The party bringing the civil action shall 

have 90 days from the date of the 

decision of the hearing officer or, if 

applicable, the date of the decision of 

the DOHA Appeal Board, to file a civil 

action. 

(e) DoD–CC on Early Intervention, 

Special Education, and Related Services 

(1) Committee Membership. The DoD– 

CC shall meet at least annually to 

facilitate collaboration in early 

intervention, special education, and 

related services in the Department of 

Defense. The Secretary of Defense shall 

appoint representatives to serve on the 

DoD–CC who shall be full-time or 

permanent part-time government 

employees or military members from: 

(i) USD(P&R), who shall serve as the 

Chair. 

(ii) Secretaries of the Military 

Departments. 

(ii) TRICARE Management Activity. 

(iv) DoDEA. 

(v) GC, DoD. 

(2) Responsibilities. The 

responsibilities of the DoD–CC include: 

(i) Implementation of a 

comprehensive, multidisciplinary 

program of EIS for infants and toddlers 

with disabilities and their families. 

(ii) Provision of a FAPE, including 

special education and related services, 

for children with disabilities who are 

enrolled full-time in the DoDEA school 

system, as specified in their IEP. 

(iii) Designation of a subcommittee on 

compliance to: 

(A) Advise and assist the USD(P&R) in 

the performance of his or her 

responsibilities. 

(B) At the direction of the USD(P&R), 

advise and assist the Military 


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Departments and DoDEA in the 

coordination of services among 

providers of early intervention, special 

education, and related services. 

(C) Monitor compliance in the 

provision of EIS for infants and toddlers 

and special education and related 

services for children ages 3 to 21, 

inclusive. 

(D) Identify common concerns, 

facilitate coordination of effort, and 

forward issues requiring resolution to 

the USD(P&R). 

(E) 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 through 

DoDEA or EIS through the Military 

Departments. 

(F) Perform other duties as assigned 

by the USD(P&R), including oversight 

for monitoring the delivery of services 

consistent with the IDEA and this part. 

(f) Monitoring. 

(1) Program Monitoring and 

Oversight. 

(i) The USD(P&R) shall monitor the 

implementation of the provisions of the 

IDEA and this part in the programs 

operated by the Department of Defense. 

The USD(P&R) will carry out his or her 

responsibilities under this section 

primarily through the DoD–CC. 

(ii) The primary focus of monitoring 

shall be on: 

(A) Improving educational results and 

functional outcomes for all children 

with disabilities. 

(B) Ensuring the DoD programs meet 

the requirements of the IDEA and this 

part. 

(iii) Monitoring shall include the 

following priority areas and any 

additional priority areas identified by 

the USD(P&R): 

(A) Provision of a FAPE in the LRE 

and the delivery of early intervention 

services. 

(B) Child-find. 

(C) Program management. 

(D) The use of dispute resolution 

including administrative complaints, 

due process and the mandatory 

resolution process, and voluntary 

mediation. 

(E) A system of transition services. 

(iv) The USD(P&R) shall develop 

quantifiable indicators in each of the 

priority areas and such qualitative 

indicators necessary to adequately 

measure performance. 

(v) DoDEA and the Military 

Departments shall establish procedures 

for monitoring special services and 

reviewing program compliance in 

accordance with the requirements of 

this section. 

(vi) By January 1 of each calendar 

year, the DoD–CC shall identify any 

additional information required to 

support compliance activities that will 

be included in the next annual 

compliance report to be submitted no 

later than September 30 of that year. 

The results of monitoring program areas 

described in paragraph (f)(1)(iii) of this 

section shall be reported in a manner 

that does not result in the disclosure of 

data identifiable to individual children. 

(2) Compliance Reporting. The 

Director, DoDEA, and the Military 

Departments shall submit reports to the 

DoD–CC not later than September 30 

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 the IDEA and 

this part. 

(ii) Summarize the findings and 

indicate the status of program 

compliance. 

(iii) Describe corrective actions 

required of the programs that did not 

meet the requirements of the IDEA and 

this part and identify the technical 

assistance that was or shall be provided 

to ensure compliance. 

(iv) Include applicable data on the 

operation of special education and early 

intervention in the Department of 

Defense. Data must be submitted in the 

format required by the DoD–CC to 

enable the aggregation of data across 

components. March 31 shall be the 

census date for counting children for the 

reporting period that begins on July 1 

and ends on June 30 of the following 

year. 

(3) School Level Reporting. (i) The 

reporting requirements for school aged 

children (3 through 21, inclusive) with 

disabilities shall also include: 

(A) Data to determine if significant 

disproportionality based on race and 

ethnicity is occurring with respect to: 

(1) The identification of school-aged 

children as children with disabilities 

including the identification of children 

as children with disabilities affected by 

a particular impairment described in 

paragraph (g) of this section. 

(2) The placement of these children in 

particular educational settings. 

(3) The incidence, duration, and type 

of disciplinary suspensions and 

expulsions. 

(4) Removal to an interim AES, the 

acts or items precipitating those 

removals, and the number of children 

with disabilities who are subject to longterm suspensions or expulsions. 

(5) The number and percentage of 

school-aged children with disabilities, 

by race, ethnicity, limited English 

proficiency status, gender, and 

disability category, who are: 

(i) Receiving special education and 

related services. 

(ii) Participating in regular education. 

(iii) In separate classes, separate 

schools or facilities, or public or private 

residential facilities. 

(B) The number of due process 

complaints requested, the number of 

hearings conducted, and the number of 

changes in placement ordered as a result 

of those hearings. 

(C) The number of mediations held 

and the number of settlement 

agreements reached through such 

mediations. 

(ii) For each year of age from age 16 

through 21, children who stopped 

receiving special education and related 

services because of program completion 

(including graduation with a regular 

secondary school diploma) or other 

reasons, and the reasons why those 

children stopped receiving special 

education and related services. 

(4) Early Intervention Reporting. The 

reporting requirements for infants and 

toddlers with disabilities shall also 

include: 

(i) Data to determine if significant 

disproportionality based on race, 

gender, and ethnicity is occurring with 

respect to infants and toddlers with 

disabilities who: 

(A) Received EIS by criteria of 

developmental delay or a high 

probability of developing a delay. 

(B) Stopped receiving EIS because of 

program completion or for other 

reasons. 

(C) Received EIS in natural 

environments. 

(D) Received EIS in a timely manner 

as defined in paragraph (a) of this 

section. 

(ii) The number of due process 

complaints requested and the number of 

hearings conducted. 

(iii) The number of mediations held 

and the number of settlement 

agreements reached through such 

mediations. 

(5) USD(P&R) Oversight. (i) On behalf 

of the USD(P&R), the DoD–CC shall 

make or arrange for periodic visits, not 

less than annually, to selected programs 

to ensure the monitoring process is in 

place; validate the compliance data and 

reporting; and address select focus areas 

identified by the DoD–CC and priority 

areas identified in paragraph (f)(1) of 

this section. The DoD–CC may use other 

means in addition to periodic visits to 

ensure compliance with the 

requirements established in this part. 

(ii) The DoD–CC shall identify 

monitoring team members to conduct 

monitoring activities. 

(iii) For DoD–CC monitoring visits, 

the Secretaries of the Military 

Departments shall: 


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76026 Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Proposed Rules 

(A) Provide necessary technical 

assistance and logistical support to 

monitoring teams during monitoring 

visits to facilities for which they are 

responsible. 

(B) Provide necessary travel funding 

and support for their respective team 

members. 

(C) Cooperate with monitoring teams, 

including making all pertinent records 

available to the teams. 

(D) Promptly implement 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. 

(iv) For DoD–CC monitoring visits, the 

Director, DoDEA, shall: 

(A) Provide necessary technical 

assistance and logistical support to 

monitoring teams during monitoring 

visits to facilities for which he or she is 

responsible. 

(B) Cooperate with monitoring teams, 

including making all pertinent records 

available to the teams. 

(C) Promptly implement monitoring 

teams’ recommendations concerning 

special education and related services 

for which the DoDEA school system 

concerned has responsibility. 

(v) The ASD(HA) shall provide 

technical assistance to the DoD 

monitoring teams when requested. 

(vi) The GC, DoD shall: 

(A) Provide legal counsel to the 

USD(P&R), and, where appropriate, to 

DoDEA, monitored agencies, and 

monitoring teams regarding monitoring 

activities conducted pursuant to this 

part. 

(B) Provide advice about the legal 

requirements of this part and Federal 

law to the DoDEA school systems, 

military medical commanders, military 

installation commanders, and to other 

DoD personnel as appropriate, in 

connection with monitoring activities 

conducted pursuant to this part. 

(g) Types of Disabilities (1) Autism 

Spectrum Disorder. A developmental 

disability significantly affecting verbal 

and nonverbal communication and 

social interaction that adversely affects 

a child’s 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. Essential features are 

typically but not necessarily manifested 

before age 3. Autism may include 

autism spectrum disorders such as but 

not limited to autistic disorder, 

pervasive developmental disorder not 

otherwise specified, and Asperger’s 

syndrome. The term does not apply if a 

child’s educational performance is 

adversely affected primarily because the 

child has an emotional disturbance. 

(2) 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. 

(3) Deaf-Blindness. A combination of 

hearing and visual impairments causing 

such severe communication, 

developmental, and educational 

problems that the child cannot be 

accommodated in a program specifically 

for the deaf or a program specifically for 

the blind. 

(4) Developmental Delay. A 

significant discrepancy, as defined and 

measured in accordance with this part 

and confirmed by clinical observation 

and judgment, in the actual functioning 

of an infant, toddler, or child, birth 

through age 7, when compared with the 

functioning of a non-disabled infant, 

toddler, or child of the same 

chronological age in any of the 

following developmental areas: 

physical, cognitive, communication, 

social or emotional. A child determined 

to have a developmental delay before 

the age of 7 may maintain that eligibility 

through age 9. 

(i) Significant Discrepancy. The child 

is experiencing a developmental delay 

of two standard deviations below the 

mean as measured by diagnostic 

instruments and procedures in at least 

one area; a 25 percent delay in at least 

one developmental area on assessment 

instruments that yield scores in months; 

a developmental delay of 1.5 standard 

deviations below the mean as measured 

by diagnostic instruments and 

procedures in two or more areas; or a 20 

percent delay in two or more 

developmental areas on assessment 

instruments that yield scores in months. 

(ii) High Probability for 

Developmental Delay. An infant or 

toddler, birth up to age 3, with a 

diagnosed physical or mental condition 

that places the infant or toddler at 

substantial risk of evidencing a 

developmental delay without the benefit 

of EIS. Includes conditions such as 

chromosomal abnormalities; genetic or 

congenital disorders; severe sensory 

impairments; inborn errors of 

metabolism; disorders reflecting 

disturbance of the development of the 

nervous system; congenital infections; 

and disorders secondary to exposure to 

toxic substances, including fetal alcohol 

syndrome. 

(5) 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: 

(i) Inability to learn that cannot be 

explained by intellectual, sensory, or 

health factors. 

(ii) Inability to build or maintain 

satisfactory interpersonal relationships 

with peers and teachers. 

(iii) Inappropriate types of behavior or 

feelings under normal circumstances. 

(iv) A tendency to develop physical 

symptoms or fears associated with 

personal or school problems. 

(v) 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 emotionally 

disturbed. 

(6) 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. 

(7) Intellectual Disability. 

Significantly below-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. 

(8) 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. 

(9) Other Health Impairment. Limited 

strength, vitality, or alertness including 

a heightened alertness to environmental 

stimuli, that results in limited alertness 

with respect to the educational 

environment, that due to chronic or 

acute health problems that adversely 

affect a child’s educational performance. 

Such impairments may include, but are 

not necessarily limited to, attention 

deficit disorder, attention deficit 

hyperactivity disorder, heart condition, 

tuberculosis, rheumatic fever, nephritis, 

asthma, sickle cell anemia, hemophilia, 

seizure disorder, lead poisoning, 

leukemia, or diabetes. 

(10) Specific Learning Disability. A 

disorder in one or more of the basic 

psychological processes involved in 

understanding or in using spoken or 

written language that may manifest 


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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. 

This term 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. 

(11) Speech or Language 

Impairments. (i) Communication 

disorder is characterized by stuttering, 

impaired articulation, voice 

impairment, or a disorder in the 

receptive or expressive areas of language 

that adversely affects a child’s 

educational performance. 

(ii) Articulation disorder is 

characterized by substitutions, 

distortions, and/or omissions of 

phonemes that are not commensurate 

with expected developmental age 

norms, that are not the result of limited 

English proficiency or dialect 

difference, and that may cause 

unintelligible conversational speech. 

(iii) Fluency disorder is characterized 

by atypical rate, rhythm, repetitions, 

and/or secondary behaviors that 

interfere with communication or is 

inconsistent with age or development. 

(iv) Language and phonological 

disorders are characterized by an 

impairment or delay in receptive or 

expressive language including 

semantics, morphology and syntax, 

phonology, or pragmatics. This 

impairment does not include students 

whose language problems are due to 

English being their second language or 

dialect differences. 

(v) Voice disorder is characterized by 

abnormal pitch, intensity, resonance, 

duration, or quality that are 

inappropriate for chronological age or 

gender. 

(12) 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 (or both) that 

adversely affects educational 

performance. Includes open or closed 

head injuries resulting in 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. The term does 

not include brain injuries that are 

congenital or degenerative or brain 

injuries that are induced by birth 

trauma. 

(13) Visual Impairment, Including 

Blindness. An impairment of vision 

that, even with correction, adversely 

affects a child’s educational 

performance. That term includes both 

partial sight and blindness. 

Dated: December 5, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–29433 Filed 12–12–13; 8:45 am] 

BILLING CODE 5001–06–P 


ehiers on DSK2VPTVN1PROD with PROPOSALS2