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programs solely for one of the impairments.

(6) Orthopedically impaired. A severe orthopedic impairment that adversely affects a child's educational performance. The term includes congenital impairments (such as clubfoot and absence of some member), impairments caused by disease (such as poliomyelitis and bone tuberculosis), and impairments from other causes (such as cerebral palsy, amputations, and fractures or burns causing contractures).

(7) Other health impaired. Limited strength, vitality, or alertness due to chronic or acute health problems that adversely affect a child's educational performance, including heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle-cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, or autism.

(8) Seriously emotionally disturbed. A condition that has been confirmed by clinical evaluation and diagnosis and that, over a long period of time and to a marked degree, adversely affects educational performance, and that exhibits one or more of the following characteristics:

(i) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(ii) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(iii) Inappropriate types of behavior under normal circumstances.

(iv) A tendency to develop physical symptoms or fears associated with personal or school problems.

(v) A general pervasive mood of unhappiness or depression.

The term includes children who are schizophrenic, but does not include children who are socially maladjusted, unless it is determined that they are seriously emotionally disturbed.

(9) Specific learning disability. A disorder in one or more of the basic psychological processes involved in understanding or in using spoken or written language that may manifest itself as an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. The term includes such conditions as perceptual handicaps, brain injury, minimal brain

dysfunction, dyslexia, and developmental aphasia. The term does not include children who have learning problems that are primarily the result of visual, hearing, or motor handicaps, mental retardation, emotional disturbance, or environmental, cultural, or economic differences.

(10) Speech impaired. A communication disorder, such as stuttering, impaired articulation, language impairment, or a voice impairment, that adversely affects a child's educational performance.

(11) Visually handicapped. A visual impairment that, even with correction, adversely affects a child's educational performance. The term includes both partially seeing and blind children.

(f) Include; Such As. Not all the possible items are covered, whether like or unlike the ones named.

(g) Independent evaluation. An evaluation conducted by a qualified examiner who is not employed by the DoDDS school with responsibility for educating the child being evaluated.

(h) Individualized Education Program (IEP). A written statement for a handicapped child that is developed and implemented in accordance with this part.

(i) Native language. When used with reference to an individual of limited English proficiency, the language normally used by such individual, or in the case of a child, the language normally used by the parent of the child.

(j) Non-DoDDS placement. An assignment by DoDDS of a handicapped child to a non-DoDDS school or facility.

(k) Non-DoDDS school or facility. A public or private school or other institution not operated by DODDS.

(1) Parent. A parent or guardian of a child who is receiving or is entitled to receive educational instruction from DODDS.

(m) Qualified. A person who has met DODDS requirements and educational standards in the area in which he or she is providing special education or related services to handicapped children.

(n) Regional Director. The Regional Director of a DoDDS region, or designee.

(0) Related services. Transportation and such developmental, corrective,

and other supportive services as are required to assist a handicapped child to benefit from special education pursuant to that child's IEP. The term includes speech therapy and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluative purposes. The term also includes school health services, social work counseling services in schools, and voluntary parent counseling.

(1) Audiology. This term includes: (i) Identification of children with hearing

loss.

(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention designed to ameliorate or correct that loss.

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(iii) Provision of ameliorative and corrective activities, including language and auditory training, speechreading (lip-reading), hearing evaluation, speech conservation, the ommendation of amplification devices, and other aural rehabilitation services. (2) Counseling services. Services provided by qualified social workers, psychologists, guidance counselors,

or

other qualified personnel.

(3) Early identification. The implementation of a formal plan for identifying a disability as early as possible in the child's life.

(4) Medical services. Services provided by a licensed physician to determine and diagnose, in conjunction with the Case Study Committee (CSC), whether a child has a medically related handicapping condition that results in the child's need for special education and related services.

(5) Occupational therapy. Services provided or supervised by a qualified occupational therapist.

(6) Parent counseling and training. Assisting parents in understanding the special needs of their child's development and special education.

(7) Physical therapy. Services provided or supervised by a qualified physical therapist.

(8) Psychological services. This term includes: (i) Administering psycho

logical and educational tests and other assessment procedures.

(ii) Interpreting test and assessment results.

(iii) Obtaining, integrating, and interpreting information about a child's behavior and conditions relating to his or her learning.

(iv) Consulting with other staff members in planning school programs to meet the special needs of children, as indicated by psychological tests, interviews, and behavioral evaluations.

(v) Planning and managing a program of psychological services, including psychological counseling for children.

(9) Recreation. This term includes: (i) Therapeutic recreational activities. (ii) Recreational programs in schools and community agencies.

(10) School health services. Services provided by a qualified school nurse or other qualified health professional. The term does not include catheterization, injections, transfusions, or administration of any drug or substance, whether or not prescribed, recommended, or authorized by any physician, nurse, another health professional, or other person. The term also does not include any medical or nonmedical procedure, treatment, or course of treatment necessary to sustain or maintain a child's life, life function, or life support function. Nothing herein shall be construed to preclude a duly trained, certified, or licensed DoDDS employee from performing any of the foregoing activities when authorized or directed by a DODDS regional director.

(11) Social work counseling services in schools. This term includes: (i) Preparing a social or developmental history on a handicapped child.

(ii) Counseling the child and his or her family on a group or individual basis.

(iii) Working with those problems in a child's home, school, and community that adversely affect the child's adjustment in school.

(iv) Using school and community resources to enable the child to receive maximum benefit from his or her educational program.

(12) Speech therapy. This term includes the: (i) Identification of children with speech or language disorders.

(ii) Diagnosis and appraisal of specific speech or language disorders.

(iii) Referral for medical or other professional attention to correct or ameliorate speech or language disorders.

(iv) Provision of speech and language services for the correction, amelioration, and prevention of communicative disorders.

(v) Counseling and guidance of children, parents, and teachers for speech and language disorders.

(13) Transportation. This term includes the following services rendered pursuant to the IEP of a handicapped child:

(i) Travel to and from school and between schools, including travel necessary to permit participation in educational and recreational activities and related services.

(ii) Travel in and around school buildings.

(iii) Specialized equipment (including special of adapted buses, lifts, and ramps), if required to provide special transportation from a handicapped

child.

(p) Separate facility. A school or a portion of a school, regardless of whether it is operated by DoDDS, that is only attended by handicapped children.

(q) Special education. Specially designed instruction, at no cost to the child or parent, to meet the unique educational needs of a handicapped child, including education provided in a school, at home, in a hospital or in an institution, physical education programs, and vocational education programs.

(1) At no cost. With respect to a child attending a DoDDS school on a nontuition basis, specially designed instruction and related services are provided without charge, but incidental fees that are normally charged to nonhandicapped students or their parents as a part of the regular educational program may be imposed. With respect to a child attending a DoDDS school on a tuition basis, the term does not preclude the imposition of additional charges to reflect the cost of special education and related services.

(2) Physical education. The development of: (i) Physical and motor fitness.

(ii) Fundamental motor skills and patterns.

(iii) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports).

(3) Vocational education. Organized educational programs directly related to the preparation for paid or unpaid employment or for additional training in a career requiring other than a baccalaureate or advanced degree.

APPENDIX 1 TO PART 57-PROCEDURES FOR EDUCATIONAL PROGRAMS AND SERVICES FOR HANDICAPPED CHILDREN

A. Identification and Screening

1. DoDDS shall locate, identify, and, with the consent of the child's parent, evaluate all children who are receiving or are entitled to receive an education from DoDDS and who need special education and related services because they are handicapped, as defined in this part.

2. DODDS shall:

a. Provide screening, by using basic skills tests in reading language arts, and mathematics, and by reviewing records of all children entering DoDDS schools for the first time, to determine whether a child may be in need of special education and related services.

b. Analyze school health data for those children who demonstrate possible handicapping conditions. Such data shall include: (1) Results of formal hearing, vision, speech, and language tests.

(2) Reports from physicians and public health service personnel.

(3) Reports from other appropriate professional health personnel as may be necessary to aid in identifying possible handicapping conditions.

c. Analyze other pertinent information, including suspensions, exclusions, withdrawals, and disciplinary actions, compiled and maintained by schools that may aid in identifying possible handicapping conditions.

d. Provide direction and guidelines for child-find activities.

3. Each DoDDS regional office, in cooperation with the Military Departments, shall conduct ongoing child-find activities that are designed to identify all children with possible handicapping conditions who are or will be entitled to receive an education from DODDS.

4. If an element of DoDDS, a qualified professional authorized to provide related services, or another source determines that a child has a possible handicapping condition, the child shall be referred to the appropriate

CSC.

5. A school CSC consists of the participants in the child's IEP meeting as prescribed in paragraph C.6 of appendix, below. In addition, a school CSC shall contain the DODDS school principal, or designee, and one or more persons selected by the principal from any or all of the following groups:

a. DoDDS or Military Department resource educators, including psychologists, guidance counselors, social workers, reading improvement specialists, school health personnel, occupational therapists, physical therapists, and speech therapists.

b. DODDS regular classroom teachers. c. DODDS special education personnel.

6. Members of a regional CSC shall be appointed by the DoDDS Regional Director and shall include one or more persons belonging to either or both of the following groups: DODDS or Military Department resource educators, such as psychologists, guidance counselors, social workers, reading improvement specialists, school health personnel, occupational therapists, physical therapists, and speech therapists; and DoDDS special education personnel. The regional CSC shall act in the absence of a school CSC, and members of a regional CSC may be assigned to a school CSC.

7. A school or regional CSC shall assist in identifying handicapped children.

B. Evaluation Procedures

1. Any child who is receiving or entitled to receive educational instruction from DODDS and who is referred to a CSC for a possible handicapping condition shall receive a full and comprehensive diagnostic evaluation of his or her educational needs. An evaluation in accordance with this Instruction shall be administered before any action is taken regarding development of the IEP or placement in a special education program.

2. A CSC shall:

a. Assess the nature and extent of the handicapping condition and determine if special education and related services are required.

b. Ensure appropriate involvement of parents.

c. Develop, review, and revise IEPs, and monitor their implementation.

d. Determine whether a handicapped child's conduct that either violates school rules and regulations or disrupts classroom activities results in whole or in part from a handicapping condition.

e. Use all locally available community, medical, and school resources to facilitate the implementation of a child's IEP before the Regional Director with educational responsibility for the child determines that the child's need for special education and related services exceeds local capabilities.

3. Assessment materials, evaluation procedures, and tests shall be:

a. Racially and culturally nondiscriminatory.

b. Administered in the native language or mode of communication of the child, unless it clearly is not feasible to do so.

c. Validated for the specific purpose for which they are used or intended to be used. d. Administered by qualified personnel, such as a special educator, school psychologist, speech therapist, or a reading improvement specialist, in conformity with the instructions provided by the producers of the testing device.

e. Administered in a manner so that no single procedure is the sole criterion for determining an appropriate educational program for a handicapped child.

f. Selected to assess specific areas of educational need, not merely to provide a single general intelligence quotient.

4. The evaluation shall be conducted by a multidisciplinary team or group of persons, and shall include a teacher or other specialist with knowledge in the area of the suspected disability.

5. The child shall be evaluated in all areas related to the suspected disability. When necessary, the evaluation shall include:

a. The current level of functioning academically, socially, and within the family. b. Visual and auditory acuity.

c. Observation in an educational environment.

d. Current physical status, including perceptual and motor abilities.

e. Vocational educational assessment. 6. The regional or school CSC shall issue a written report that contains, when essary:

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a. A description of the nature and severity of the child's handicapping condition.

b. A review of the formal and informal diagnostic evaluation findings of the multidisciplinary team.

c. A summary of information from the parents, the child, or other persons having significant previous contact with the child.

d. A description of the child's current academic progress, including a statement of the child's learning style.

7. The appropriate CSC shall meet as soon as practicable after the child's formal evaluation to determine whether he or she is in need of special education and related services. The child's parents shall be afforded the opportunity to participate in such a meeting.

8. A handicapped child shall receive an individual comprehensive diagnostic evaluation every 3 years, or more frequently if conditions warrant. The scope and nature of the reevaluation shall be determined individually, based upon the child's performance, behavior, and needs when the reevaluation is conducted.

C. Individualized Education Program

1. DODDS shall ensure that an IEP is developed and implemented for each handicapped child enrolled in a DoDDS school or placed in another institution by DoDDS pursuant to this Instruction.

2. Each IEP shall include:

a. A statement of the present levels of educational performance of the child.

b. A statement of annual goals, including short-term instructional objectives.

c. A statement of specific special educational and recreational activities and related services to be provided to the child, and the extent to which the child may be able to participate in regular educational programs.

d. The projected date for the initiation and the anticipated length of such activities and services.

e. Appropriate objective criteria and evaluation procedures and schedules for determining, on an annual basis, whether educational objectives are being achieved.

f. A statement indicating the frequency (number of times per month) and intensity (amount of time each day) of related services.

3. The IEP of each handicapped child shall provide for the opportunity to participate, with adaptations when appropriate, in the regular physical education program available to nonhandicapped children unless:

a. The handicapped child is enrolled fulltime in a separate facility; or

b. The handicapped child needs specially designed physical education, as prescribed in the child's IEP.

4. If specially designed physical education services are prescribed in a handicapped child's IEP, DoDDS shall provide such education directly, or shall make arrangements for the services to be provided through nonDODDS schools or facilities.

5. DODDS shall ensure that a handicapped child enrolled in a separate facility receives appropriate physical education services in compliance with this part.

6. The IEP for each handicapped child shall be developed, later reviewed, and, if appropriate, revised at least annually in meetings that include the following participants: a. The child's regular teacher. b. A teacher of special education.

c. The principal or a representative of the DODDS school, other than the child's teacher, who is qualified to provide, or supervise the provision of, special education.

d. One or both of the child's parents. e. The child, if appropriate.

f. A member of the evaluation team, the child's teacher, or another person knowledgeable about the evaluation procedures used with the child and familiar with the results of the evaluation.

g. Other individuals, at the reasonable discretion of the parents or DoDDS.

7. Each DoDDS school shall:

a. Ensure that an IEP is in effect before a child receives special education and related services. If a child with a current IEP transfers to or from a school within DoDDS, the CSC of the receiving school or region may implement, at its discretion, the current IEP, initiate a meeting to revise the current IEP, or initiate an evaluation of the child.

b. Ensure that an IEP meeting is held following a determination by the school or regional CSC that the child needs special education and related services.

c. Afford the child's parents the opportunity to participate in every IEP meeting concerning their child by:

(1) Providing the parents adequate notice of the time and place of the meeting.

(2) Attempting to schedule the meeting at a mutually agreeable time and place.

8. A meeting may be conducted without a parent in attendance if the school is unable to convince a parent to attend. In this case, the school must have a written record of its attempts to arrange a mutually acceptable time and place.

9. If the parents attend the IEP meeting, the school shall take necessary action to ensure that at least one of the parents understands the proceedings at the meeting, including providing an interpreter for a parent who is deaf or whose native language is other than English.

10. If neither parent can attend the meeting, other methods to promote participation by a parent, such as telephone conversations and letters, shall be used.

11. The school shall give a parent a copy of the child's IEP.

12. Each DoDDS school shall provide special education and related services, in accordance with an IEP, provided that DoDDS, its constituent elements, or its personnel are not accountable if a child does not achieve the growth projected in the IEP.

13. DODDS shall ensure that an IEP is developed and implemented for each handicapped child whom DoDDS places in a nonDODDS school or other facility.

D. Placement Procedures and Least Restrictive Environment

1. The placement of a child in any special education program by DoDDS shall be effected only pursuant to an IEP after a determination, under this Instruction, has been made that a child is handicapped and needs special education and related services.

2. The appropriate CSC shall meet as soon as is practicable following the development of a handicapped child's IEP to identify the personnel who will provide the child with special education and related services pursuant to the IEP.

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