Sec. 564. Matters in connection with free appropriate public education for dependents of members of the Armed Forces with special needs
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Each Secretary of a military department shall collect and maintain information on special education disputes filed by members of the Armed Forces under the jurisdiction of such Secretary. The information collected and maintained pursuant to this subsection shall include the following: The number of special education disputes filed. The outcome or disposition of the disputes. The information collected and maintained pursuant to this subsection shall be derived from the following: Records and reports of case managers and navigators under the Exceptional Family Member Program
(EFMP)of the Department of Defense. Reports of members of the Armed Forces concerned to installation or other military leadership. Such other sources as the Secretary of the military department concerned considers appropriate. Each Secretary of a military department shall submit each year to the Office of Special Needs of the Department of Defense a report on the information collected by such Secretary pursuant to this subsection during the preceding year. The Comptroller General of the United States shall conduct a study on the following: The consequences for a State or local educational agency of a finding of failure to provide a free appropriate public education to a military dependent. The manner in which local educational agencies with military families use the following: Funds received under section 7003(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(d) ). Funds authorized to be appropriated by annual national defense authorization Acts and made available for impact aid for child with severe disabilities under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 20 U.S.C. 7703a ). Funds authorized to be appropriated by annual national defense authorization Acts and made available for assistance to schools with significant number of military dependent students under subsection
(a)of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( 20 U.S.C. 7703b ). The efficacy of attorney and other legal support for military families in special education disputes. The standardization of policies and guidance for School Liaison Officers between the Office of Special Needs of the Department of Defense and the military departments, and the efficacy of such policies and guidance. The improvements of family support programs of the Office of Special Needs, and of each military department, in light of the recommendations of the Comptroller General in the report entitled DOD Should Improve Its Oversight of the Exceptional Family Member Program , GAO–18–348. In conducting the study, the Comptroller General shall develop recommendations on the following: Improvements and enhancements to oversight and enforcement of compliance by local educational agencies with requirements for the provision of a free appropriate public education to military dependents with special needs. Improvements to the policies of the Office of Special Needs, and of each military department, with respect to the standardization and efficacy of policies and programs for military dependents with special needs. The Comptroller General shall complete the study by not later than March 31, 2021. Upon completion of the study, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of the study, and shall submit to such committees a report on such results. In this section: The term free appropriate public education includes appropriate special education and related services required under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term special education dispute means a complaint filed regarding the education provided a child with a disability (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ), including a complaint filed in accordance with section 615 or 639 of such Act ( 20 U.S.C. 1415 , 1439).
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U.S. Code
- Payments for eligible federally connected children§ 7703
- Impact aid for children with severe disabilities§ 7703a
- Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees§ 7703b
- Short title; findings; purposes§ 1400
- Definitions§ 7801
- Definitions§ 1401
- Procedural safeguards§ 1415
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Sec. 564
Matters in connection with free appropriate public education for dependents of members of the Armed Forces with special needs
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