An Overview of Special Education

Special education is designed to meet unique needs of children with special needs, ages 3 through 21. Special education is one part of the Individuals with Disabilities Education Act which ensures all children with special needs have access to a “free appropriate public education” and they have the necessary tools to meet their educational goals. The act governs how states and public agencies provide early intervention, special education and related services to eligible children with disabilities, ages birth through 21. The Department of Defense follows DoD Instruction 1342.12 Implementation of Early Intervention and Special Education Services to Eligible DoD Dependents, which refers to the IDEA. Start here to learn about the special education process, including eligibility, relevant laws and regulations, moving (including overseas) and graduating or leaving school.

Eligibility

The Individuals with Disabilities Education Act assists with early intervention services for eligible children, birth to age 3, and special education services for eligible children, ages 3 to 21, in three specific areas:

• Identification
• Evaluation
• Delivery

Children qualify for special education based on guidelines set by the Department of Education, the state and, for those in a Department of Defense Education Activity school, the Department of Defense. If you suspect your child could benefit from early intervention services or special education, the Education Directory for Children with Special Needs is a great tool to find where to go to initiate the identification and evaluation process. Additionally, you can find checklists and other helpful resources in EFMP & Me, in the Education category.

Relevant regulations

The U.S. Department of Education uses specific regulations that implement the Individuals with Disabilities Education Act in public schools in the United States and its territories. States then create guidance to supplement these regulations. You can find state regulations on state education agency websites.

The Department of Defense school system operates under Department of Defense policy as outlined in Department of Defense Instruction 1342.12, “Implementation of Early Intervention and Special Education Services to Eligible DoD Dependents,” June 17, 2015.

Regardless of where your child attends school, these guiding principles are upheld:

• Free appropriate public education. This principle makes sure every child, regardless of disability, has the right to attend a public school and receive an education tailored to achieve his or her highest potential.
• Appropriate evaluation. The testing process is regulated so children receive the best individualized education placement and services.
• Individualized education program, or IEP. This written document is created for every child in the public school system who’s eligible for special education. It’s drafted by an interdisciplinary team and reviewed every year.
• Least restrictive environment. This principle requires that students with disabilities share the same setting, as much as possible while still meeting their needs, with students who do not have disabilities.
• Parent and teacher participation. This principle establishes the importance of parents and teachers working together to achieve their children’s educational goals.
• Procedural safeguards. These are in place to protect the rights of families with special needs.

Moving with an IEP

The act also protects your child’s educational progress when you move to a new school district. School districts must provide comparable services that honor the previous school’s IEP. Keep in mind, the new school district may not necessarily recreate the same program, but the new IEP will still focus on helping your child meet their stated annual goals.

When a student with an IEP transfers, the new school must:

• Provide free and appropriate public education
• Include services comparable to those in your child’s current IEP

Resources may vary according to the state and school district you move to. Hand carry a full copy of your child’s most recent IEP to facilitate the process of enrollment and transferring the IEP to the new school. In many states you may also participate in the Advance Enrollment initiative to pre-enroll your child in a school district before you arrive at your PCS destination.

See Moving With an IEP for more information. Parents can also take the Moving With an Individualized Education Program course on MilLife Learning and consult the Education Directory for Children With Special Needs.

School liaisons offer a variety of education support for family members with special needs, including help with transitioning to a new school, navigating the special education system in your current school or addressing general education issues and needs. School liaisons can also assist with referral to the DOD Exceptional Family Member Program.