scope:

PURPOSE. In accordance with the authority in DoD Directive (DoDD) 5124.02 (Reference (a)), sections 921-932 of Title 20, United States Code (U.S.C.) (Reference (b)), section 2164 of Title 10, U.S.C. (Reference (c)), and DoDD 1342.20 (Reference (d)), this Instruction reissues DoD Instruction 1342.12 (Reference (e)) to:

a. Establish policy and assign responsibilities to implement, other than the funding and reporting provisions, chapter 33 of Reference (b) (chapter 33 is also known and hereinafter referred to as "The Individuals with Disabilities Education Act (IDEA)") pursuant to section 927(c) of Reference (b) and Reference (c), for:

(1) Provision of early intervention services (EIS) to infants and toddlers with disabilities and their families, as well as special education and related services to children with disabilities entitled under this Instruction to receive education services from the DoD in accordance with sections 921-932 of Reference (b), References (c) and (d), and the IDEA.

(2) Implementation of a comprehensive, multidisciplinary program of EIS for infants and toddlers with disabilities and their DoD civilian-employed and military families.

(3) Provision of a free appropriate public education (FAPE), including special education and related services, for children with disabilities who are eligible to enroll in DoDEA schools, as specified in their respective Individualized Education Programs (IEP).

(4) Monitoring of DoD programs providing EIS or special education and related services for compliance with this Instruction.

b. Establish a DoD Coordinating Committee to recommend policies and provide compliance oversight for early intervention and special education.

c. Authorize the issuance of DoD Manual 1342.12 (Reference (f)) and other guidance as necessary.

APPLICABILITY. This Instruction:

a. Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the DoD (hereinafter referred to collectively as the "DoD Components").

b. Applies to infants and toddlers with disabilities and to children with disabilities who are eligible, in accordance with this Instruction, to receive EIS or special education and related services from the DoD.

c. Does not create any substantive rights or remedies not otherwise authorized by the IDEA or other relevant law; and may not be relied upon by any person, organization, or other entity to allege a denial of substantive rights or remedies not otherwise authorized by the IDEA or other relevant law.