Section

[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 App B]

[Page 341-347]

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. Appendix B to Part 57--Procedures for the Provision of Educational
Programs and Services for Children With Disabilities, Ages 3 Through 21
Years, Inclusive

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

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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

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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.

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(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

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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

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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.

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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.