Dec 17, 81
1342.12 (Encl 3)
4. Before DoDDS places a handicapped child in a non-DoDDS school or facility, DoDDS
shall conduct a meeting in accordance with this Instruction to develop an IEP for the child.
F.
PROCEDURAL SAFEGUARDS
1. Parents shall be given written notice before DoDDS proposes to initiate or change, or
refuses to initiate or change, either the identification, evaluation, or educational placement of a
child receiving or entitled to receive special education and related services from DoDDS, or the
provision of a free appropriate public education by DoDDS to the child. The notice shall fully
inform a parent of the procedural rights conferred by this Instruction and shall be given in the
parent's native language, unless it clearly is not feasible to do so.
2. The consent of a parent of a child who is handicapped or is suspected of having a
handicapping condition shall be obtained before any:
a. Initiation of formal evaluation procedures.
b. Initial educational placement.
c. Change in educational placement.
3. If the parent refuses consent to any formal evaluation or initial placement in a special
education program, DoDDS may initiate an impartial due process hearing under this Instruction to
show cause why an evaluation or placement in a special education program should occur without
such consent. If the hearing officer sustains the DoDDS position in the impartial due process
hearing, the appropriate DoDDS school may evaluate or provide special education and related
services to the child without the consent of a parent, subject to the parent's due process rights.
4. A parent is entitled to an independent evaluation of his or her child at DoDDS expense if
the parent disagrees with the findings of an evaluation of the child conducted by the school and the
parent successfully challenges the evaluation in an impartial due process hearing.
a. If an independent evaluation is provided at the expense of DoDDS, it must meet the
following criteria:
(1) Conform to the requirements of this Instruction.
(2) Be conducted, when possible, within the area where the child resides.
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