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10 U.S.C. § 1781c — Office of Special Needs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is in the Office of Military Family Readiness Policy the Office of Special Needs (in this section referred to as the “Office”).
**(b) Purpose.—** The purpose of the Office is to standardize, enhance, and improve Department of Defense support around the world for military families with special needs (whether medical or educational needs) through the development of appropriate policies, enhancement and dissemination of appropriate information throughout the Department of Defense, support for such families in obtaining referrals for services and in obtaining service, and oversight of the activities of the military departments in support of such families.
**(c) Responsibilities.—** The Office shall have the responsibilities as follows:
(1) To develop and implement a comprehensive and standard policy on support for military families with special needs as required by subsection (d).
(2) To establish and oversee the programs required by subsection (e).
(3) To identify gaps in services available through the Department of Defense for military families with special needs.
(4) To develop plans to address gaps identified under paragraph (3) through appropriate mechanisms, such as enhancing resources and training and ensuring the provision of special assistance to military families with special needs and military parents of individuals with special needs (including through the provision of training and seminars to members of the armed forces).
(5) To monitor the programs of the military departments for the assignment of members of the armed forces who are members of military families with special needs, and the programs for the support of such military families, and to advise the Secretary of Defense on the adequacy of such programs in conjunctio
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Source location: Title 10, Chapter 88, § 1781c; chapter-088-military-family-programs-and-military-child-care.md
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**(a) Establishment.—** There is in the Office of Military Family Readiness Policy the Office of Special Needs (in this section referred to as the “Office”).
**(b) Purpose.—** The purpose of the Office is to standardize, enhance, and improve Department of Defense support around the world for military families with special needs (whether medical or educational needs) through the development of appropriate policies, enhancement and dissemination of appropriate information throughout the Department of Defense, support for such families in obtaining referrals for services and in obtaining service, and oversight of the activities of the military departments in support of such families.
**(c) Responsibilities.—** The Office shall have the responsibilities as follows:
(1) To develop and implement a comprehensive and standard policy on support for military families with special needs as required by subsection (d).
(2) To establish and oversee the programs required by subsection (e).
(3) To identify gaps in services available through the Department of Defense for military families with special needs.
(4) To develop plans to address gaps identified under paragraph (3) through appropriate mechanisms, such as enhancing resources and training and ensuring the provision of special assistance to military families with special needs and military parents of individuals with special needs (including through the provision of training and seminars to members of the armed forces).
(5) To monitor the programs of the military departments for the assignment of members of the armed forces who are members of military families with special needs, and the programs for the support of such military families, and to advise the Secretary of Defense on the adequacy of such programs in conjunction with the preparation of future-years defense programs and other budgeting and planning activities of the Department of Defense.
(6) To monitor the availability and accessibility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs.
(7) To conduct periodic reviews of best practices in the United States in the provision of medical and educational services for children with special needs.
(8) To carry out such other matters with respect to the programs and activities of the Department of Defense regarding military families with special needs as the Under Secretary of Defense for Personnel and Readiness shall specify.
**(d) Policy.—**
(1) The Office shall develop, and regularly update, a uniform policy for the Department of Defense regarding military families with special needs. The policy shall apply with respect to members of the armed forces without regard to their location, whether within or outside the continental United States.
(2) The policy developed under this subsection shall include elements regarding the following:
(A) The assignment of members of the armed forces who are members of military families with special needs.
(B) Support for military families with special needs.
(3) In addressing the assignment of members of the armed forces under paragraph (2)(A), the policy developed under this subsection shall, in a manner consistent with the needs of the armed forces and responsive to the career development of members of the armed forces on active duty, provide for such members each of the following:
(A) Assignment to locations where care and support for family members with special needs are available.
(B) Stabilization of assignment for a minimum of 4 years.
(C) Ability to request a second review of the approved assignment within or outside the continental United States if the member believes the location is inappropriate for the member’s family and would cause undue hardship.
(D) Protection from having a medical recommendation for an approved assignment overridden by the commanding officer.
(E) Ability to request continuation of location when there is a documented substantial risk of transferring medical care or educational services to a new provider or school at the specific time of permanent change of station.
(4) In addressing support for military families under paragraph (2)(B), the policy developed under this subsection shall provide the following:
(A) Procedures to identify members of the armed forces who are members of military families with special needs.
(B) Mechanisms to ensure timely and accurate evaluations of members of such families who have special needs.
(C) Procedures to facilitate the enrollment of such members of the armed forces and their families in programs of the military department for the support of military families with special needs.
(D) Procedures to ensure the coordination of Department of Defense health care programs and support programs for military families with special needs, and the coordination of such programs with other Federal, State, local, and non-governmental health care programs and support programs intended to serve such families.
(E) Requirements for resources (including staffing) to ensure the availability through the Department of Defense of appropriate numbers of case managers to provide individualized support for military families with special needs.
(F) Requirements regarding the development and continuous updating by an appropriate office of an individualized services plan (whether medical, educational, or both) for each military family with special needs.
(G) Requirements for record keeping, reporting, and continuous monitoring of available resources and family needs under individualized services support plans for military families with special needs, including the establishment and maintenance of a central or various regional databases for such purposes.
(H) Procedures for the development of an individualized services plan for military family members with special needs who have requested family support services and have a completed family needs assessment.
(I) Requirements to prohibit disenrollment from the Exceptional Family Member Program unless there is new supporting medical or educational information that indicates the original condition is no longer present, and to track disenrollment data in each armed force.
**(e) Programs.—**
(1) The Office shall establish, maintain, and oversee a program to provide information and referral services on special needs matters to military families with special needs on a continuous basis regardless of the location of the member’s assignment. The program shall provide for timely access by members of such military families to individual case managers and counselors on matters relating to special needs.
(2) The Office shall establish, maintain, and oversee a program of outreach on special needs matters for military families with special needs. The program shall—
(A) assist military families in identifying whether or not they have a member with special needs; and
(B) provide military families with special needs with information on the services, support, and assistance available through the Department of Defense regarding such members with special needs, including information on enrollment in programs of the military departments for such services, support, and assistance.
(3)
(A) The Office shall provide support to the Secretary of each military department in the establishment and sustainment by such Secretary of a program for the support of military families with special needs under the jurisdiction of such Secretary. Each program shall be consistent with the policy developed by the Office under subsection (d).
(B) Each program under this paragraph shall provide for appropriate numbers of case managers for the development and oversight of individualized services plans for educational and medical support for military families with special needs.
(C) Services under a program under this paragraph may be provided by contract or other arrangements with non-Department of Defense entities qualified to provide such services.
**(f) Resources.—** The Secretary of Defense shall assign to the Office such resources, including personnel, as the Secretary considers necessary for the discharge of the responsibilities of the Office, including a sufficient number of members of the armed forces to ensure appropriate representation by the military departments in the personnel of the Office.
**(g) Reports.—**
(1) Not later than April 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the activities of the Office.
(2) Each report under this subsection shall include the following:
(A) A description of any gaps in services available through the Department of Defense for military families with special needs that were identified under subsection (c)(3).
(B) A description of the actions being taken, or planned, to address such gaps, including any plans developed under subsection (c)(4).
(C) With respect to the Extended Care Health Option program under [section 1079(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/d&num=0&edition=prelim)—
(i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year;
(ii) a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents;
(iii) an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Secretary may take to address these factors; and
(iv) an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait.
(D) Such recommendations for legislative action as the Secretary considers appropriate to provide for the continuous improvement of support and services for military families with special needs.
**(h) Military Family With Special Needs.—** For purposes of this section, a military family with special needs is any military family with one or more members who has a medical or educational special need (as defined by the Secretary in regulations for purposes of this section), including a condition covered by the Extended Health Care Option Program under [section 1079f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079f&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of procedures** Any State educational agency, State agency, or local educational agency that receives assistance under this subchapter shall establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education by such agencies.
**(b) Types of procedures** The procedures required by this section shall include the following:
(1) An opportunity for the parents of a child with a disability to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child.
(2)
(A) Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual to act as a surrogate for the parents, which surrogate shall not be an employee of the State educational agency, the local educational agency, or any other agency that is involved in the education or care of the child. In the case of—
(i) a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements of this paragraph; and
(ii) an unaccompanied homeless youth as defined in [section 11434a(6) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11434a/6&num=0&edition=prelim), the local educational agency shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1415
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payments** Subject to subsection (f), the Secretary of Defense shall make a payment for fiscal years after fiscal year 2001, to each local educational agency eligible to receive a payment for a child described in subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7703(a)(1) 11 See References in Text note below. of this title that serves two or more such children with severe disabilities, for costs incurred in providing a free appropriate public education to each such child.
**(b) Payment amount** The amount of the payment under subsection (a) to a local educational agency for a fiscal year for each child referred to in such subsection with a severe disability shall be—
(1) the payment made on behalf of the child with a severe disability that is in excess of the average per pupil expenditure in the State in which the local educational agency is located; less
(2) the sum of the funds received by the local educational agency—
(A) from the State in which the child resides to defray the educational and related services for such child;
(B) under the Individuals with Disabilities Education Act ([20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.) to defray the educational and related services for such child; and
(C) from any other source to defray the costs of providing educational and related services to the child which are received due to the presence of a severe disabling condition of such child.
**(c) Exclusions** No payment shall be made under subsection (a) on behalf of a child with a severe disability whose individual cost of educational and related services does not exceed—
(1) five times the national or State average per pupil expenditure (wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7703a
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance to schools with significant numbers of military dependent students**
(1) **Assistance authorized** — The Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, without such assistance, the local educational agency will be unable (as determined by the Secretary of Defense in consultation with the Secretary of Education) to provide the students in the schools of the local educational agency with a level of education that is equivalent to the minimum level of education available in the schools of the other local educational agencies in the same State.
(2) **Eligible local educational agencies** — A local educational agency is eligible for assistance under this subsection for a fiscal year if at least 20 percent (as rounded to the nearest whole percent) of the students in average daily attendance in the schools of the local educational agency during the preceding school year were military dependent students counted under [section 7703(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7703/a/1&num=0&edition=prelim).
**(b) Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations**
(1) **Assistance authorized** — To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency had (as dete
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7703b
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Assistive technology device**
(A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
(B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device.
(2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—
(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(E) training or technical assistance for such child, or, where appropriate, the family of such child; and
(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
(3) **Child with a disability**
(A) *In general* — The term “child with a disabil
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
Page 1598
TITLE 10—ARMED FORCES
§ 1781c
‘‘(2) The term ‘major headquarters’ means the head-
quarters of a unit of the Armed Forces or command
that is the appropriate command of a general officer
or flag officer.’’
§ 1781c. Office of Special Needs
(a) ESTABLISHMENT.—There is in the Office of
Military Family Readiness Policy the Office of
Special Needs (in this section referred to as the
‘‘Office’’).
(b) PURPOSE.—The purpose of the Office is to
standardize, enhance, and improve Department
of Defense support around the world for military
families with special needs (whether medical or
educational needs) through the development of
appropriate policies, enhancement and dissemi-
nation of appropriate information throughout
the Department of Defense, support for such
families in obtaining referrals for services and
in obtaining service, and oversight of the activi-
ties of the military departments in support of
such families.
(c) RESPONSIBILITIES.—The Office shall have
the responsibilities as follows:
(1) To develop and implement a comprehen-
sive and standard policy on support for mili-
tary families with special needs as required by
subsection (d).
(2) To establish and oversee the programs re-
quired by subsection (e).
(3) To identify gaps in services available
through the Department of Defense for mili-
tary families with special needs.
(4) To develop plans to address gaps identi-
fied under paragraph (3) through appropriate
mechanisms, such as enhancing resources and
training and ensuring the provision of special
assistance to military families with special
needs and military parents of individuals with
special needs (including through the provision
of training and seminars to members of the
armed forces).
(5) To monitor the programs of the
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1781c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.