[Federal Register: December 19, 2007 (Volume 72, Number 243)]
[Rules and Regulations]
[Page 71792-71793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de07-21]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2007-OS-0117; RIN 0790-AH70]
32 CFR Part 57
Provision of Early Intervention and Special Education Services to
Eligible DoD Dependents
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: The Department of Defense (DoD) school systems [DoD Dependents
Schools (DoDDS) and the Defense Dependents Elementary and Secondary
Schools (DDESS)] are required by law to provide services and safeguards
to children with disabilities consistent with the ``Individuals With
Disabilities Education Act'' (IDEA). This will bring the DoDDS and
DDESS under a single rule codified at 32 CFR part 57. The rule
integrates previous DoD policy memoranda.
DATES: Effective Date: This rule is effective December 19, 2007.
FOR FURTHER INFORMATION CONTACT: Dr. Rebecca Posante, 703-602-4949
x114.
SUPPLEMENTARY INFORMATION: On June 10, 2004 (69 FR 32662), the
Department of Defense published an interim final rule. No comments were
received. The final rule had not been published sooner due to legal
constraints. This rule adopts the rule as published.
See 20 U.S.C. 927(c) (concerning DoDDS) and 10 U.S.C. 2164(f)
(concerning DDESS). This final rule updates and amends the DoD
implementation of the IDEA within the DoD school systems, as follows:
Requires the DoD Education Activity to report annually on the rate
special education students (a) participate in system-wide or
alternative testing, (b) are disciplined, (c) are suspended, or (d) are
expelled; and requires the DoD Education Activity to compare these
rates with students who are not disabled; clarifies requirements for
three year re-evaluation of special education students; requires
individualized education programs (IEPs) to consider special
circumstances in the IEP; strengthens the requirement for the school
system notice to parents about change of placement or refusal for
change of placement; strengthens the protections for students with a
disability when facing disciplinary action that might result in
suspension or expulsion; requires the schools to provide special
education in an interim alternative educational setting for special
education students who have been suspended or expelled from school;
strengthens requirements for documenting behavioral intervention when
disciplining special education students; clarifies the students who
must be treated as students with a disability when considering
disciplinary action that may result in suspension or expulsion; allows
the use of paraprofessionals and assistants (e.g., Certified
Occupational Therapy Assistants, Physical Therapy Assistants) to assist
in the provision of early
[[Page 71793]]
intervention services and special education; requires the schools to
advise students of their rights one year prior to the age of majority;
sets the age of majority for students in the DoDDS as 18, and for
students in the DDESS as the age of majority for the State in which the
DDESS is located; consolidates the former National Advisory Panel and
the Domestic Advisory Panel into one and requires the majority of
advisory panel members be persons with disabilities or the parents of
children with disabilities.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 57 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect to the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule pertains only to the provision of special
education and early intervention by Department of Defense entities not
by any other entity.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
Federalism (Executive Order 13132)
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 57
Education of individuals with disabilities, Elementary and
secondary education, Government employees, Military personnel.
PART 57--PROVISION OF EARLY INTERVENTION AND SPECIAL EDUCATION
SERVICES TO ELIGIBLE DOD DEPENDENTS
0
Accordingly, the interim rule revising 32 CFR part 57 published at 69
FR 32662 on June 10, 2004, is adopted as a final rule without change.
Dated: December 11, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-24353 Filed 12-18-07; 8:45 am]
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