Sec. 569B. Standardization of the Exceptional Family Member Program
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/bill/116/hr/6395/rh/section-569bA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall, to the extent practicable, standardize the Exceptional Family Member Program (in this section referred to as the EFMP ) across the military departments. The EFMP, standardized under subsection (a), shall include the following: Processes for the identification and enrollment of dependents of covered members with special needs.
A process for the permanent change of orders for covered members, to ensure seamless continuity of services at the new permanent duty station. A review process for installations to ensure that health care furnished through the TRICARE program, special needs education programs, and installation-based family support programs are available to military families enrolled in the EFMP. A standardized respite care benefit across the covered Armed Forces, including the number of hours available under such benefit to military families enrolled in the EFMP.
Outcomes and metrics to evaluate the EFMP. A requirement that the Secretary of each military department provide a dedicated EFMP attorney, who specializes in education law, at each military installation— the Secretary determines is a primary receiving installation for military families with special needs; and in a State that the Secretary determines has historically not supported families enrolled in the EFMP. The option for a family enrolled in the EFMP to continue to receive all services under that program and the bachelor allowance for housing if— the covered member receives a new permanent duty station; and the covered member and family elect for the family not to relocate with the covered member.
A process to discuss policy challenges and opportunities, best practices adopted across the covered Armed Forces, a forum period for discussion with members of military families with special needs, and other matters the Secretary of Defense determines appropriate. The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop an EFMP case management model, including the following: A single EFMP office, located at the headquarters of each covered Armed Force, to oversee implementation of the EFMP and coordinate health care services, permanent change of station order processing, and educational support services for that covered Armed Force.
An EFMP office at each military installation with case managers to assist each family of a covered member in the development of a plan that addresses the areas specified in subsection (b)(1). Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the items identified under subsections (a), (b), and (c), including any recommendations of the Secretary regarding legislation.
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on— whether military families have higher rates of disputes and loss of free and appropriate public education under section 504 of the Rehabilitation Act of 1973 ( Public Law 93–112 ; 29 U.S.C. 794 ) than civilian counterparts; and an analysis of the number of due process hearings that were filed by school districts against children of members of the Armed Forces.
In this section: The term covered Armed Force means an Armed Force under the jurisdiction of the Secretary of a military department. The term covered member means a member— of a covered Armed Force; and with a dependent with special needs.
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- Pub. L. 93-112
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