[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR80.5] [Page 468-471] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 80_PROVISION OF EARLY INTERVENTION SERVICES TO ELIGIBLE INFANTS AND TODDLERS WITH DISABILITIES AND THEIR FAMILIES, AND SPECIAL EDUCATION CHILDREN WITH DISABILITIES WITHIN THE SECTION 6 SCHOOL ARRANGEMENTS--Table of Contents Sec. 80.5 Responsibilities. (a) The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) shall: (1) Ensure that all infants and toddlers with disabilities (birth through 2 years inclusive) who but for their age would be eligible to attend the Section 6 Arrangement Schools, and their families are provided early intervention services in accordance with IDEA as amended, (20 U.S.C., Chapter 33, Subchapter VIII.) and in conformity with the procedures in appendix A to this part. (2) Ensure that preschool children and children with disabilities ages 3-21 years (inclusive) receiving educational instruction from Section 6 School Arrangements are provided a free appropriate public education and that the educational needs of such preschool children and children with disabilities are met using the procedures established by this part. (3) Ensure that educational facilities and services provided by Section 6 School Arrangements for preschool children and children with disabilities [[Page 469]] are comparable to educational facilities and services for non-disabled students. (4) Maintain records on special education and related services provided to children with disabilities, consistent with 32 CFR part 310. (5) Ensure the provision of all necessary diagnostic services and special education and related services listed on an IEP (including those supplied by or under the supervision of physicians) to preschool children and children with disabilities who are enrolled in Section 6 School Arrangements. In fulfilling this responsibility, (USD(P&R)), or designee, may use intercomponent arrangements, or act through contracts with private parties, when funds are authorized and appropriated. (6) Develop and implement a comprehensive system of personnel development, in accordance with 20 U.S.C. 1413-(a)(3), for all professional staff employed by a Section 6 School Arrangement. This system shall include: (i) Inservice training of general and special educational instructional and support personnel, (ii) Implementing innovative strategies and activities for the recruitment and retention of medically related service providers, (iii) Detailed procedures to assure that all personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained, and (iv) Effective procedures for acquiring and disseminating to teachers and administrators of programs for children with disabilities significant information derived from educational research, demonstration, and similar projects, and (v) Adopting, where appropriate, promising practices, materials, and technology. (7) Provide technical assistance to professionals in Section 6 School Arrangements involved in, or responsible for, the education of preschool children or children with disabilities. (8) Ensure that child-find activities are coordinated with other relevant components and are conducted to locate and identify every individual with disabilities. (9) Issue guidance implementing this part. (10) Undertake evaluation activities to ensure compliance with this part through monitoring, technical assistance, and program evaluation. (11) Chair the DoD Coordinating Committee on Domestic Early Intervention, Special Education, and Related Services, which shall be composed of representatives of the Secretaries of the Military Departments, the Assistant Secretary of Defense for Health Affairs (ASD(HA)), the General Counsel of the Department of Defense (GC, DoD), and the Director, Section 6 Schools. (12) Through the DoD Coordinating Committee on Demestic Early Intervention, Special Education, and Related Services, monitor the provision of special education and related services and early intervention services furnished under this part, and ensure that related services, special education, and early intervention services are properly coordinated. (13) Ensure that appropriate personnel are trained to provide mediation services in cases that otherwise might result in due process proceedings under this part. (14) Ensure that transition services from early intervention services to regular or special education and from special education to the world of work are provided. (15) Ensure that all DoD programs that provide services to infants and toddlers and their families (e.g., child care, medical care, recreation) are involved in a comprehensive intercomponent system for early intervention services. (16) Ensure, whenever practicable, that planned construction not yet past the 35 percent design phase and new design begun after the date of this part of renovation of school or child care facilities includes consideration of the space required for the provision of medically related services and early intervention services. (17) Shall establish the Domestic Advisory Panel that shall: (i) Consist of members appointed by the USD (P&R) or Principal Deputy USD (P&R). Membership shall include [[Page 470]] at least one representative from each of the following groups: (A) Individuals with disabilities. (B) Parents, including minority parents of individuals with disabilities from various age groups. (C) Section 6 School Arrangements special education teachers. (D) Section 6 School Arrangements regular education teachers. (E) Section 6 School Arrangements Superintendent office personnel. (F) The Office of Director, Section 6 Schools. (G) The Surgeons General of the Military Departments. (H) The Family Support Programs of the Military Departments. (I) Section 6 School Arrangements School Boards. (J) Early Intervention service providers on installations with Section 6 School Arrangements. (K) Other appropriate personnel. (ii) Meet as often as necessary. (iii) Perform the following duties: (A) Review information and provide advice to ASD (P&R) regarding improvements in services provided to individuals with disabilities in Section 6 Schools and early intervention programs. (B) Receive and consider the views of various parent, student, and professional groups, and individuals with disabilities. (C) When necessary, establish committees for short-term purposes composed of representatives from parent, student, family and other professional groups, and individuals with disabilities. (D) Review the findings of fact and decision of each impartial due process hearing conducted pursuant to this part. (E) Assist in developing and reporting such information and evaluations as may aid Section 6 Schools and the Military Departments in the performance of duties under the part. (F) Make recommendations, based on program and operational information, for changes in the budget, organization, and general management of the special education program, and in policy and procedure. (G) Comment publicly on rules or standards regarding the education of individuals with disabilities. (H) Assist in developing recommendations regarding the transition of toddlers with disabilities to preschool services. (b) The Assistant Secretary of Defense for Health Affairs in consultation with the USD(P&R), the GC, DoD, and the Secretaries of the Military Departments, shall: (1) Establish staffing and personnel standards for personnel who provide early intervention services and medically related services. (2) Develop and implement a comprehensive system of personnel development in accordance with 20 U.S.C. 1413(a)(3), including the training of professionals, paraprofessionals and primary referral sources, regarding the basic components of early intervention services and medically related services. Such a system may include: (i) Implementing innovative strategies and activities for the recruitment and retention of early intervention service providers. (ii) Ensuring that early intervention service providers and medically related service providers are fully and appropriately qualified to provide early intervention services and medically related services, respectively. (iii) Training personnel to work in the military environment. (iv) Training personnel to coordinate transition services for infants and toddlers with disabilities from an early intervention program to a preschool program. (3) Develop and implement a system for compiling data on the numbers of infants and toddlers with disabilities and their families in need of appropriate early intervention services, the numbers of such infants and toddlers and their families served, the types of services, and other information required to evaluate the implementation of early intervention programs. (4) Resolve disputes among the DoD Components arising under appendix A of this part. (c) Secretaries of the Military Departments shall: [[Page 471]] (1) Provide quality assurance for medically related services in accordance with personnel standards and staffing standards under DoD Directive 6025.13 \5\ developed by the Assistant Secretary of Defense for Health Affairs (ASD(HA)). --------------------------------------------------------------------------- \5\ See footnote 1 to Sec. 80.1(c). --------------------------------------------------------------------------- (2) Plan, develop, and implement a comprehensive, coordinated, intercomponent, community-based system of early intervention services for infants and toddlers with disabilities (birth through 2 inclusive) and their families who are living on an installation with a Section 6 School Arrangement, or who but for their age, would be entitled to enroll in a Section 6 School Arrangement, using the procedures established by this part and guidelines from the ASD(HA) on staffing and personnel standards. (3) Undertake activities to ensure compliance with this part through technical assistance, program evaluation, and monitoring. (d) The Director, Defense Office of Hearings and Appeals (DOHA) shall ensure the provision of impartial due process hearings under appendix C of this part.