32 C.F.R. Appendix B to Part 57—Procedures for the Provision of Educational Programs and Services for Children With Disabilities, Ages 3 Through 21 Years, Inclusive
Title 32 - National Defense
A. Identification (1) It is the responsibility of the DoD school system officials to engage in child-find activities to locate, identify, and with informed parental consent, evaluate all children who are eligible to enroll in the DDESS under DoD Directive 1342.26 or in the DoDDS under DoD Directive 1342.13 who may require special education and related services. (2) Referral of a Child for Special Education or Related Services. The DoD school system officials, related service providers, parents, or others who suspect that a child has a possible disabling condition shall refer that child to the CSC. (3) Procedures for Identification and Screening. The DoD school system officials shall conduct the following activities to determine if a child needs special education and related services: (i) Screen educational records. (ii) Screen students using system-wide or other basic skill tests in the areas of reading, math, and language arts. (iii) Screen school health data such as reports of hearing, vision, speech, or language tests and reports from healthcare personnel about the health status of a child. (iv) Analyze school records to obtain pertinent information about the basis for suspensions, exclusions, withdrawals, and disciplinary actions. (v) Coordinate the transition of children from early intervention to preschool. (4) In cooperation with the Military Departments, conduct on-going child-find activities and publish, periodically, any information, guidelines, and direction on child-find activities for eligible children with disabilities, ages 3 through 21 years, inclusive. B. Assessment and Evaluation (1) Every child eligible to attend a DoD school who is referred to a CSC shall receive a full and comprehensive diagnostic evaluation of educational needs. An evaluation shall be conducted before an IEP is developed or placement is made in a special education program. (2) Procedures for Assessment and Evaluation. A CSC shall ensure that the following elements are included in a comprehensive assessment and evaluation of a child: (i) Assessment of visual and auditory acuity. (ii) A plan to assess the type and extent of the disability. A child shall be assessed in all areas related to the suspected disability. When necessary, the assessment plan shall include the following: (A) Assessment of the level of functioning academically, intellectually, emotionally, socially, and in the family. (B) Observation in an educational environment. (C) Assessment of physical status including perceptual and motor abilities. (D) Assessment of the need for transition services for students 14 years and older, the acquisition of daily living skills, and functional vocational assessment. (iii) The involvement of parents. (3) The CSC shall use all locally available community, medical, and school resources to accomplish the assessment. At least one specialist with knowledge in the area of the suspected disability shall be a member of the multidisciplinary assessment team. (4) Each assessor shall prepare an individual assessment report that includes: (i) Demographic information about the student and the assessor. (ii) The problem areas constituting the bases for a referral. (iii) A behavioral observation of the child during testing. (iv) The instruments and techniques used for the assessment. (v) A description of the child's strengths and limitations. (vi) The results of the assessment; and (vii) The instructional implications of the findings for educational functioning. (5) Standards for Assessment Selection and Procedures. All DoD elements, including the CSC and related services providers, shall ensure that assessment materials and evaluation procedures are in compliance with the following criteria: (i) Selected and administered so as not to be racially or culturally discriminatory. (ii) Administered in the native language or mode of communication of the child, unless it clearly is not possible to do so. (iii) Materials and procedures used to assess a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child's English language skills. (iv) Validated for the specific purpose for which they are used or intended to be used. (v) Administered by trained personnel in compliance with the instructions of the testing instrument. (vi) Administered such that no single procedure is the sole criterion for determining eligibility or an appropriate educational program for a child with a disability. (vii) Selected to assess specific areas of educational needs and strengths and not merely to provide a single general intelligence quotient. (viii) Administered to a child with impaired sensory, motor, or communication skills so that the results reflect accurately a child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure). (6) Review of Existing Evaluation Data. As part of an initial evaluation (if appropriate) and as part of any reevaluation, the CSC shall review existing evaluation data on the child, including: (i) Evaluations and information provided by the parents of the child; (ii) Current classroom-based assessments and observations; (iii) Observations by teachers and related services providers; and (iv) On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine: (A) Whether the child has a particular category of disability, or in the case of a reevaluation of a child, whether the child continues to have such a disability. (B) The present levels of performance and educational needs of the child. (C) Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and (D) Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general curriculum. (v) The CSC may conduct its review without a meeting. (vi) The CSC shall administer tests and other evaluation materials as may be needed to produce the data identified under paragraph B.(2) of this appendix. C. Eligibility (1) The CSC shall: (i) Ensure that the full comprehensive evaluation of a child is accomplished by a multidisciplinary team. The team shall be comprised of teachers or other specialists with knowledge in the area of the suspected disability. (ii) Convene a meeting to determine the eligibility of a child for special education and related services. (iii) Meet as soon as possible after a child has been assessed to determine the eligibility of the child for services. (iv) Afford the child's parents the opportunity to participate in the CSC eligibility meeting. (v) Issue a written eligibility report that contains the following: (A) Identification of the child's disabling condition. (B) A synthesis of the formal and informal findings of the multidisciplinary assessment team. (C) A summary of information from the parents, the child, or other persons having significant contact with the child. (D) A determination of eligibility statement. (E) A list of the educational areas affected by the child's disability, a description of the child's educational needs, and a statement of the child's present level of performance. (2) Reevaluation for Eligibility. School officials shall reevaluate the eligibility of a child with a disability every 3 years, or more frequently, if conditions warrant. (i) The scope and type of the reevaluation shall be determined individually based on a child's performance, behavior, and needs during the reevaluation and the review of existing data in accordance with paragraph B.(6) of this appendix. (ii) The CSC is not required to conduct assessments unless requested to do so by the child's parents. (iii) If the CSC determines that no additional data are needed to determine whether the child continues to be a child with a disability, the CSC shall notify the parents of: (A) The determination that no additional assessment data are needed and the reasons for their determination; and (B) The right of the parents to request an assessment to determine whether the child continues to be a child with a disability. D. IEP (1) The DoD school system officials shall ensure that the CSC develop and implement an IEP for each child with a disability who: (i) Is enrolled in the DoD school system; (ii) In DoDDS, is home-schooled, eligible to enroll in DoDDS on a space-required, tuition-free basis and whose sponsors have completed a registration form and complied with other registry procedures and requirements of the school; (iii) In DDESS, is home-schooled and eligible to enroll on a tuition-free basis and whose sponsors have completed a registration form and complied with other registry procedures and requirements of the school; or (iv) Is placed in another institution by the DoD school system. (2) The CSC shall convene a meeting to develop, review, or revise the IEP of a child with a disability. That meeting shall: (i) Be scheduled as soon as possible following a determination by the CSC that the child is eligible for special education and related services. (ii) Include minimally as participants the following: (A) An administrator or school representative other than the child's teacher who is qualified to provide or supervise the provision of special education and is knowledgeable about the general curriculum and available resources. (B) The child's teacher (if the child is, or may be, participating in the regular education environment); (C) A special education teacher or provider. (D) One or both of the child's parents. (E) The child, if appropriate. (F) For a child with a disability who has been evaluated for the first time, a representative of the evaluation team who is knowledgeable about the evaluation procedures used and is familiar with the results of the evaluation. (G) Other individuals invited at the discretion of the parent or school who have knowledge or special expertise regarding the child, including related services personnel, as appropriate. (3) Development of the IEP. The CSC shall prepare the IEP with the following: (i) A statement of the child's present levels of educational performance including a description of: (A) How the child's disability affects involvement and progress in the general curriculum or for preschoolers, how the disability affects participation in appropriate activities. (B) A description of the child's participation in the regular classroom (if the child participates in the regular education environment), extracurricular and other non-academic activities; and (C) If necessary, an explanation of the extent to which the child shall not participate with children who are not disabled in these activities. (ii) A statement of measurable annual goals including benchmarks or short-term instructional objectives related to meeting: (A) The child's needs that result from the disability to enable the child to be involved in and progress in the general curriculum; (B) Each of the child's other needs resulting from his or her disability. (iii) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child and a statement of the program modifications or supports for school personnel that shall be provided for the child to: (A) Advance appropriately toward attaining the annual goals. (B) Be involved in and progress in the general curriculum in accordance with this part and to participate in extracurricular and other non-academic activities; and (C) Be educated and participate with other children with or without disabilities. (iv) A statement of any individual modifications in the administration of system-wide or district-wide assessment of student achievement that are needed for the child to participate in the assessment. (v) If the CSC determines that the child shall not participate in a particular system-wide or district-wide assessment of student achievement (or part of an assessment), a statement of: (A) Why that assessment is not appropriate for the child; and (B) How the child shall be assessed using alternate assessments to measure student progress. (vi) A statement explaining how the child's progress towards annual goals shall be measured. (vii) A statement explaining how parents shall be informed, at least as often as parents are informed of progress of children who are not disabled, of: (A) Their child's progress toward annual goals; and (B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year. (viii) A statement of special education, related services, and modifications necessary for the child to advance appropriately toward the annual goals. (ix) A statement of the amount of time that each service shall be provided to the child, to include the projected date for beginning of services and location and duration of those services (including adjusted school day or an extended school year) and modifications. (x) A statement of the physical education program provided in one of the following settings: (A) In the regular education program. (B) In the regular education program with adaptations, modifications, or the use of assistive technology. (C) Through specially designed instruction based on the goals and objectives included in the IEP. (xi) Beginning at age 14, and updated annually: (A) A statement of transition service needs under applicable components of the child's IEP that focuses on his or her course of study and augments the standard transition requirements. (B) A statement of needed transition services, including inter-Agency responsibilities. (xii) Beginning at least one year before the child reaches the age of majority, a statement that the child has been informed of those rights that transfer to him or her under this Part. (xiii) A statement of special transportation requirement, if any. (xiv) A statement of the vocational education program for secondary students. If a specially designed instructional program is required, the necessary goals and objectives in the IEP shall be included. (4) Consideration of Special Factors. The CSC shall consider: (i) Assistive technology needs for all children. (ii) Language needs for the limited English proficient child. (iii) Providing Braille instruction, unless the CSC determines that the use of Braille is not appropriate, for a child who is blind or visually impaired. (iv) Interventions, strategies, and supports including behavior management plans to address behavior for a child whose behavior impedes learning. (v) Language and communication needs, opportunities for communication in the child's language and communication mode, including direct instruction in that mode, for the child who is deaf or hard of hearing. (5) The CSC shall ensure that at least one parent understands the special education procedures including the due process procedures described in appendix G of this part and the importance of the parent's participation in those processes. School officials shall use devices or hire interpreters or other intermediaries who might be necessary to foster effective communications between the school and the parent about the child. (6) The CSC shall ensure that all provisions developed for any child entitled to an education by the DoD school system are fully implemented in DoD schools or in non-DoD schools or facilities including those requiring special facilities, other adaptations, or assistive devices. (7) The CSC shall afford the child's parents the opportunity to participate in every CSC meeting to determine their child's initial or continuing eligibility for special education and related services, or to prepare or change the child's IEP or to determine or change the child's placement. (8) In developing each child's IEP, the CSC shall consider the strengths of the child and the concerns of the parents for enhancing the education of their child. E. Implementation of the IEP The CSC shall: (1) Obtain parental agreement and signature before implementation of the IEP. (2) Provide a copy of the child's IEP to the parents. (3) Ensure that the IEP is in effect before a child receives special education and related services. (4) Ensure that the IEP is implemented as soon as possible following the meetings described under paragraph D.(2) of this appendix. (5) Provide special education and related services, in accordance with the IEP. The Department of Defense, the DoD school systems, and DoD personnel are not accountable if a child does not achieve the growth projected in the annual goals of the IEP, as long as services have been provided in accordance with the IEP. (6) Ensure that the child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation, and that each teacher and provider is informed of: (i) His or her specific responsibilities related to implementing the child's IEP; and (ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. (7) Review the IEP for each child at least annually in a CSC meeting to determine whether the annual goals for the child are being achieved. (8) Revise the IEP, as appropriate, to address: (i) Any lack of progress toward the annual goals and in the general curriculum, where appropriate. (ii) The results of any reevaluation. (iii) Information about the child provided by the parents. (iv) The child's anticipated needs. F. Transferring Students (1) When a student transfers to a DoD school with a current IEP from a non-DoD school, the CSC shall convene promptly an IEP meeting to address eligibility and special education services as described in sections C and D of this appendix. The CSC may: (i) Accept the child's current IEP by notifying and obtaining consent of the parents to use the current IEP and all elements contained in it. (ii) Initiate a CSC meeting to revise the current IEP, if necessary. (iii) Initiate an evaluation of the child, if necessary. (2) When a student with a current IEP transfers from one DoD school to another, the CSC shall accept the child's eligibility and current IEP by notifying and obtaining consent of the parents to use the current IEP and all elements contained in it. G. Least Restrictive Environment (1) To the maximum extent, a child with a disability should be placed with children who are not disabled. Special classes, separate schooling, or other removal of a child with a disability from the regular education environment shall occur only when the type or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (2) A child shall not be placed by the DoD school system in any special education program unless the CSC has developed an IEP. If a child with a disability is applying for initial admission to a school, the child shall enter on the same basis as a child without a disability. A child with an IEP, and with the consent of a parent and school officials, may receive an initial placement in a special education program under procedures listed in section F of this appendix. (3) A placement decision requires the following: (i) Parent participation in the decision and parent consent to the placement before actual placement of the child, except as otherwise provided in paragraph H.(2) of this appendix. (ii) Delivery of educational instruction and related services in the least restrictive environment. (iii) The CSC to base placements on the IEP and to review the IEP at least annually. (iv) The child to participate, to the maximum extent appropriate to the needs and abilities of the child, in school activities including meals, assemblies, recess periods, and field trips with children who are not disabled. (v) Consideration of factors affecting the child's well-being, including the effects of separation from parents. (vi) A child to attend a DoD school that is located as close as possible to the residence of the parent who is sponsoring the child's attendance. Unless otherwise required by the IEP, the school should be the same school that the child would have attended had he or she not been disabled. H. Discipline (1) All regular disciplinary rules and procedures applicable to children attending a DoD school shall apply to children with disabilities who violate school rules and regulations or disrupt regular classroom activities, subject to the following provisions. School personnel may remove a child with a disability from the child's current placement (to the extent removal would be applied to children who are not disabled): (i) On an emergency basis for the duration of the emergency when it reasonably appears that the child's behavior may endanger the health, welfare, or safety of self or any other child, teacher, or school personnel. (ii) For not more than 10-cumulative school days in a school year for any violation of school rules. (2) Change of Placement. If a child is removed from his or her current placement for more than 10-cumulative school days in a school year, it is considered a change of placement. (i) Not later than the date on which the decision to make a change in placement is made, the school must notify parents of the decision and of all procedural safeguards, as described in section B of appendix F of this part. (ii) Not later than 10 days following the change of placement, the CSC must: (A) Convene a meeting of the IEP team and other qualified personnel to conduct a manifestation determination as described in paragraph H.(5) of this appendix and (B) Convene an IEP meeting to review the IEP to develop appropriate behavioral interventions to address the child's behavior and implement those interventions. This review may be conducted at the same meeting that is convened under paragraph H.(2)(ii)(A) of this appendix. (i) If the child has a behavioral intervention plan, the CSC must review the plan and its implementation, and modify the plan and its implementation as necessary, to address the behavior. (ii) If the child does not have a behavioral intervention plan, the CSC must develop an assessment plan to include a functional behavioral assessment. (iii) As soon as practicable after developing the assessment plan and completing the assessments required by the plan, the CSC must convene an IEP meeting to develop a behavioral intervention plan to address that behavior, and shall implement the plan. (3) After a child with a disability has been removed from his or her current placement for more than 10-cumulative school days in a school year, during any subsequent days of removal the DoD school system must provide services to the extent necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's IEP. (4) Alternative Education Setting (AES). School personnel may order a change in placement of a child with a disability in accordance with the requirements of paragraph H.(2) of this appendix to an appropriate interim AES for the same amount of time that a non-disabled child would be subject to discipline, but for not more than 45 days, if: (i) The child carries a weapon to school or to a school function under the jurisdiction of the DoD school system; or (ii) The child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or at a school function under the jurisdiction of a DoD school system. (5) Manifestation Determination. The CSC shall determine whether the child's behavior is the result of the child's disability by considering all relevant information including evaluation results, observation of the child, information provided by the parents of the child, and the child's IEP and placement. (i) Unless all of the following are evident, the CSC must consider the child's behavior to be a manifestation of the disability: (A) IEP and placement were appropriate and the special education services, supplementary aides and services, and behavior intervention strategies were provided consistent with the child's IEP and placement; (B) The child's disability did not impair his or her ability to understand the impact and consequences of the behavior subject to the disciplinary action; and (C) The child's disability did not impair his or her ability to control the behavior subject to disciplinary action. (ii) If the CSC determines that the child's behavior was a manifestation of the disability, the child is not subject to removal from current educational placement as a disciplinary action, except as provided for in paragraph H.(1)(i) of this appendix. (A) The child's parents shall be notified of the right to have an IEP meeting before any changes in the child's placement. (B) The CSC shall address the behavior that was the subject of the disciplinary action, by: (i) Reviewing the child's educational placement to ensure that it is appropriate in consideration of the child's behavior. (ii) Revising the IEP to include goals, services, and modifications that address the behavior subject to disciplinary action, as necessary. (iii) If the CSC determines that the child's behavior was not the result in whole or part of the disability, relevant disciplinary procedures may be applied to the child in the same manner in which it would be applied to a child without a disability, except as provided in FAPE. I. Parent Appeal (1) If the parent disagrees with the manifestation determination or with any decision regarding placement, the parent may request a hearing. (2) The school system shall arrange for an expedited hearing in accordance with appendix G of this part. (3) Placement During Appeal. When a parent requests a hearing challenging placement in an interim AES, the child shall remain in the interim AES pending the decision of the hearing officer or until the expiration of the time period provided for in paragraph H.(3) of this appendix whichever comes first, unless the parent and the school system agree otherwise. (i) After expiration of the interim AES, during the pendency of any proceedings to challenge the proposed change in placement, the child shall return and remain in the child's placement prior to the interim AES. (ii) If the school personnel maintain that it is dangerous for the child to return to his or her placement prior to the interim AES, the DoD school system may request an expedited hearing. J. Order by a Hearing Officer A hearing officer may order a change in the placement of a child with a disability to an interim AES for not more than 45 days, if the hearing officer: (1) Determines that the DoD school system has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others. (2) Considers the appropriateness of the child's current placement. (3) Considers whether the school system has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and (4) Determines that the interim AES meets the requirements of section A of this appendix. K. Children Not Yet Determined Eligible for Special Education Children who have not yet been determined eligible for special education and who have violated the disciplinary rules and procedures may assert the protections of the IDEA if the DoD school system had knowledge that the child had a disability before the behavior occurred. (1) The DoD school system is considered to have had knowledge if: (i) The parents expressed concern in writing to the school system personnel that the child needed special education or related services. (ii) The child's behavior or performance indicated a need for services. (iii) The child's parents requested an evaluation; or (iv) The child's teacher or other DoD school system personnel expressed concern about the behavior or performance to the CSC, the school principal, assistant principal, or district special education coordinator. (2) If the DoD school system does not have knowledge of a disability prior to disciplinary action, the child shall be subject to the regular disciplinary rules and procedures. (3) If an evaluation were requested during the time the child is subjected to disciplinary action, the evaluation shall be expedited. The child shall remain in his or her current placement until determined eligible for special education or related services. (4) The DoD school system is not constrained from reporting crime to the appropriate law enforcement authorities and shall ensure that special education and disciplinary records are transmitted to the appropriate law enforcement and judicial authorities. L. Children With Disabilities Who Are Placed in a NON-DoD School or Facility (1) Children with disabilities who are eligible to receive a DoD school system education, but are placed in a non-DoD school or facility by a DoD school system, shall have all the rights of children with disabilities who are enrolled in a DoD school. (2) A child with a disability may be placed in a non-DoD school or facility only if required by the IEP. (3) Placement by DoDDS in a host-nation non-DoD school or facility shall be made under the host-nation requirements. (4) Placement by DoDDS in a host-nation non-DoD school or facility is subject to all treaties, executive agreements, and status of forces agreements between the United States and the host nations, and all DoD and DoD school system regulations. (5) If a DoD school system places a child with a disability in a non-DoD school or facility as a means of providing special education and related services, the program of that institution, including non-medical care and room and board, as prescribed in the child's IEP, must be provided at no cost to the child or the child's parents. The DoD school system or the responsible DoD Component shall pay the costs in accordance with this part. (6) DoD school officials shall initiate and conduct a meeting to develop an IEP for the child before placement. A representative of the non-DoD school or facility should attend the meeting. If the representative cannot attend, the DoD school system officials shall communicate in other ways to ensure participation including individual or conference telephone calls. The IEP must meet the following standards: (i) Be signed by an authorized DoD school system official before it becomes valid. (ii) Include a determination that the DoD school system does not currently have or cannot reasonably create an educational program appropriate to meet the needs of the child with a disability. (iii) Include a determination that the non-DoD school or facility and its educational program and related services conform to the requirements of this part. (7) Cost of Tuition for Non-DoD School or Facility. The Department of Defense is not authorized to reimburse the costs of special education if a parent unilaterally places the student in a non-DoD school without approval of the cognizant CSC and the Superintendent, in coordination with the Director of the DoD school system. A valid IEP must document the necessity of the placement in a non-DoD school or facility. (i) Reimbursement may be required if a hearing officer determines that the DoD school system had not made FAPE available in a timely manner prior to enrollment in the non-DoD school and that the private placement is appropriate. (ii) Reimbursement may be reduced or denied if the parents did not inform the CSC that the placement determined by the CSC was rejected, including a statement of their concerns, and that they intended to place a child in a non-DoD school; or if 10 business days (Monday through Friday, except for Federal holidays) prior to the parents' removal of the child from the school, the parents failed to provide written notice to the DoD school system of their rejection of the placement decision concerning the child, the reasons for their rejection, and their intent to remove the child; or if the CSC informed parents of its intent to evaluate the child, but parents did not make the child available. (iii) Reimbursement may not be reduced or denied for failure to provide the required notice if the parents cannot read and write in English; compliance would result in physical or emotional harm to the child; the DoD school prevented the parent from providing notice; or the parents had not received notice of a requirement to provide required notice. M. Confidentiality of the Records The DoD school system and EDIS officials shall maintain all student records in accordance with DoD Directive 5400.11. N. Dispute Resolution A parent, teacher, or other person covered by this part may file a written complaint about any aspect of this part that is not a proper subject for adjudication by a due process hearing officer, in accordance with DSR 2500.11.
Title 32: National Defense
PART 57—PROVISION OF EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES TO ELIGIBLE DOD DEPENDENTS
Appendix B to Part 57—Procedures for the Provision of Educational Programs and Services for Children With Disabilities, Ages 3 Through 21 Years, Inclusive
