[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of January 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR57.5] [Page 335-338] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 57_PROVISION OF EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES TO ELIGIBLE DOD DEPENDENTS--Table of Contents Sec. 57.5 Responsibilities. (a) The Under Secretary of Defense (Personnel and Readiness) (USD (P&R)) shall: (1) Establish a DoD-AP consistent with appendix D of this part. (2) Establish and chair, or designate a ``Chair,'' of the DoD-CC consistent with appendix E of this part. (3) Ensure that inter-Component agreements or other mechanisms for inter-Component coordination are in effect between the DoD Components providing services to infants, toddlers and children. (4) Ensure the implementation of procedural safeguards consistent with appendix F of this part. (5) In consultation with the General Counsel of the Department of Defense (GC, DoD) and the Secretaries of the Military Departments: (i) Ensure that eligible infants and toddlers with disabilities and their families are provided comprehensive, coordinated and multidisciplinary EIS under 20 U.S.C. 921-932 and 10 U.S.C. 2164 as provided in appendix A of this part. (ii) Ensure that eligible children with disabilities (ages 3 through 21 years, inclusive) are provided a FAPE under U.S.C. 921-932 and 10 U.S.C. 2164 as provided in appendix A of this part. (iii) Ensure that eligible DoDDS students are provided related services, as provided in appendix C of this part. (iv) Ensure that all eligible DDESS students are provided related services by DDESS. (v) Ensure the development of a DoD-wide comprehensive child-find system to identify eligible infants, toddlers, and children ages birth through 21 years, inclusive, under DoD Directive 1342.6 who may require early intervention or special education services. (vi) Ensure that personnel are identified to provide the mediation services specified in appendix 7 of this part. (vii) Ensure that transition services are available to promote movement from early intervention, preschool, and other educational programs into different educational settings and post-secondary environments. (viii) Ensure compliance with this Part in the provision of special services, in accordance with appendix H of this part and other appropriate guidance. (ix) Ensure that personnel are identified and trained to provide the monitoring specified in appendix H of this part (x) Ensure that the Military Departments deliver the following: (A) In overseas and domestic areas, a comprehensive, coordinated, and multidisciplinary program of EIS for eligible infants and toddlers (birth through 2 years, inclusive) with disabilities. (B) In overseas areas, the related services as defined in Sec. 57.3 for eligible children with disabilities, ages 3 through 21 years, inclusive. (xi) Ensure the development and implementation of a comprehensive system of personnel development in the area of special services for the Department of Defense Education Activity (DoDEA) and the Military Departments. That system shall include professionals, paraprofessionals, and primary referral source personnel in the areas of special services, and may also include: (A) Implementation of innovative strategies and activities for the recruitment and retention of personnel providing special services, ensuring that personnel requirements are established consistent with recognized certification, licensing, registration, or other comparable requirements for personnel providing special services, and allow the use of paraprofessionals and assistants who are appropriately [[Page 336]] trained and supervised to assist in the provision of special services. (B) Training personnel to coordinate transition services for infants and toddlers from an early intervention program to preschool or other appropriate services (C) Ensuring that training is provided in and across disciplines. (xii) Develop procedures to compile data on the numbers of eligible infants and toddlers with disabilities and their families in need of EIS, and children in need of special education and related services, in accordance with DoD Directives 5400.7 and 5400.11. Those data elements shall include, at a minimum, the following: (A) The number of infants and toddlers and their families served. (B) The number of children served. (C) The types of services provided. (D) Other information required to evaluate and monitor the provision of services. (xiii) Resolve disputes among the DoD Components involving appendix A of this part. (xiv) Ensure the assigned responsibilities for the delivery of special services are reviewed at least every 5 years to determine the most appropriate distribution of responsibilities. (b) The Assistant Secretary of Defense (Health Affairs) (ASD(HA)), under the Principal Deputy Under Secretary of Defense for Personnel and Readiness (PDUSD(P&R)), shall: (1) Ensure the provision of advice and consultation about the provision of EIS and related services to the USD(P&R) and the GC, DoD. (2) Ensure the development of healthcare provider workload standards and performance levels to determine staffing requirements of designated centers. These standards shall take into account the provider training needs, the requirements of this part, and the additional time required to provide EIS (in domestic and overseas areas) and related services (in overseas areas) as defined in Sec. 57.3 for assessment and treatment and for coordination with other DoD Components, such as the DoD school systems. (3) Assign the Military Medical Departments geographical areas of responsibility for providing related services and EIS under paragraph (c)(1) of this section. Periodically review the alignment of geographic areas to ensure that base closures and other resourcing issues are considered in the cost effective delivery of services. (4) Establish a system for compiling data required by this part. (c) The Secretaries of the Military Departments shall: (1) In consultation with DoDEA, establish Educational and Developmental Intervention Services (EDIS) within the following areas: (i) Designated overseas areas of geographical responsibility, capable of providing necessary related services and EIS to support the needs of eligible beneficiaries. (ii) Domestic areas, capable of providing necessary EIS to support the needs of eligible beneficiaries. (2) Staff EDIS with appropriate professional staff, as necessary based on services required, which should include occupational therapist(s) with pediatric experience; physical therapist(s) with pediatric experience; audiologist(s) with pediatric experience; child psychiatrist(s); clinical psychologist(s) with pediatric experience; social worker(s) with pediatric experience; speech language pathologists; community health nurse(s) or the equivalent; pediatrician(s) with experience and/or training in developmental pediatrics; certified assistants (for example, certified occupational therapy assistants or physical therapy assistants); and early childhood special educators. (3) Provide a comprehensive, coordinated, inter-Component, community-based system of EIS for eligible infants and toddlers with disabilities (birth through 2 inclusive) and their families using the procedures established by this part and guidelines from the ASD(HA) on staffing and personnel standards. (4) Provide related services, as defined in Sec. 57.3 to DoDDS students who are on IEPs using the procedures established by this part and guidelines from the ASD(HA) on staffing and personnel standards. (5) To DoDDS students, provide transportation to and from the site where related services are provided by [[Page 337]] the Military Medical Department, if not provided at the school. (6) Provide transportation to and from the site where EIS is provided, if it is not provided in the home or some other natural environment. (d) The Surgeons General of the Military Departments shall: (1) Ensure the development of policies and procedures for providing, documenting, and evaluating EIS and related services assigned to the Military Medical Departments, as defined in Sec. 57.3 (mmm). (2) Ensure that EDIS participates in the existing military treatment facility (MTF) quality assurance program, which monitors and evaluates the medical services for children receiving such services as described by this part. Standards used by the Joint Commission on Accreditation of Health Organizations or equivalent standards shall be used, where applicable, to ensure accessibility, acceptability, and adequacy of the medical portion of the program provided by EDIS. (3) Ensure that each program providing EIS is monitored for compliance with this part at least once every 3 years in accordance with appendix H of this part. (4) Ensure that resources are allocated in accordance with the healthcare provider workload standards and performance levels developed under the direction of the ASD(HA). (5) Ensure the cooperation and coordination between their respective offices, the offices of other Surgeons General, and DoDEA with respect to the implementation of this Part. (6) Ensure that training is available for each healthcare professional providing EIS or related services. This training shall include information about the roles and responsibilities of the providers and the development of an Individualized Family Service Plan (IFSP) or an IEP. (7) Ensure the provision of in-service training on EIS and related services to educational, legal, and other suitable personnel, if requested and feasible. (8) Provide professional supervision of the EDIS provision of EIS and related services in the overseas areas, as designated in (b)(3) of this section and of EIS in domestic areas of responsibility. (9) Submit to the DoD-CC a report not later than July 31 of each year certifying that all EDIS are in compliance with this part and other DoD guidance in accordance with appendix H of this part. (e) The Director, Department of Defense Education Activity under the Deputy Under Secretary of Defense (Military Community and Family Policy), and the PDUSD(P&R), shall ensure that the Directors of the DoD school systems shall: (1) Ensure that eligible children with disabilities, ages 3 through 21 years, inclusive, are provided a FAPE. (2) Ensure that the educational needs of children with and without disabilities are met comparably, consistent with appendix B of this part. (3) Ensure that educational facilities and services operated by the DoD school systems for children with and without disabilities are comparable. (4) Maintain records on special education and related services provided to eligible children with disabilities, ages 3 through 21 years, inclusive, consistent with 21 U.S.C. 812(c). (5) Provide any or all special education and related services required by a child with a disability, ages 3 through 21 years, inclusive, other than those furnished by the Secretaries of the Military Departments through inter-Agency, intra-Agency, and inter-Service arrangements, or through contracts with private parties when funds are authorized and appropriated. (6) Provide transportation, which is a related service under this Part, to students with disabilities when transportation is prescribed in the student's IEP. The DoD school systems shall furnish transportation between the student's home (or another location specified in the IEP) and the DoD school. (7) Provide transportation to and from the site where DDESS provides related services, if not provided at the school. (8) Participate in the development and implementation of a comprehensive system of personnel development. (9) Ensure that all programs providing special education and related services, including those provided by [[Page 338]] the Military Medical Departments, are monitored for compliance with this part in accordance with appendix H of this part. (10) Provide physical space for the provision of occupational therapy, physical therapy, and psychological services in those DoDDS facilities where EDIS shall provide related services. (11) Provide physical space for the provision of occupational therapy, physical therapy, psychological services, and therapists' offices in construction of DoDDS facilities at those locations where EDIS shall provide related services. The DoDDS shall determine the specifics of space design in consultation with the responsible Military Department's medical authorities concerned and the Defense Medical Facilities Office, Office of the ASD(HA). (12) The DoDDS shall provide repair and maintenance support, custodial support, and utilities to the areas described in paragraphs (e)(10) and (e)(11) of this section. (13) The DoDDS shall maintain operational control of therapy and office space. (14) Ensure that all newly constructed or renovated DoD school facilities are fully accessible to persons with mobility impairments including those in wheelchairs. (15) Report not later than July 31 of each year to the DoD-CC on the following: (i) Number of children with disabilities participating in regular and alternate system-wide assessment. (ii) Performance of children with disabilities on the regular system-wide assessment and on the alternate system-wide assessment. (iii) By district, rate of suspension and expulsion of students with disabilities compared to regular education students. (f) The Director, Defense Office of Hearings and Appeals (DOHA), under the General Counsel of the Department of Defense, shall ensure impartial due process hearings are provided consistent with appendix G of this part.