Legislation

Although legislation does exist directing the Department of Defense (DoD) to establish information and referral programs for military sponsors who have family members with special medical and/or educational needs, there is no legislation that directs the DoD to establish an assignment coordination process specifically for these military sponsors. Legislation also exists that protects the civil rights of people with disabilities, makes society more accessible to people with disabilities, and entitles children to a free appropriate public education. Through this legislation, all the branches of government are required to develop and implement policy to ensure that the civil rights of people with disabilities are protected. The DoD policy on rights of the disabled is described in the DoD Policies section.

This section provides links to and summaries of DoD-specific legislation related to the exceptional family member program as well as legislation governing the civil rights of and education of exceptional family members.

Title 10, United States Code (USC) §1781c, "Office of Community Support for Military Families With Special Needs," January 7, 2011 This legislation directs the DoD to establish an Office of Community Support for Military Families With Special Needs. Within this legislation, the DoD is required to establish, maintain, and oversee a program to provide information and referral services on special needs matters to military families with special needs and to conduct outreach on special needs matters for military families with special needs to help families identify whether family members have special needs.

Title 20, USC, Chapter 33, "Education of individuals with disabilities," January 7, 2011 This legislation ensures that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living. The legislation also provides federal assistance to states, localities, educational service agencies, and federal agencies to provide for the education of all children with disabilities.

Title 29, USC, Chapter 16, "Vocational rehabilitation and other rehabilitation," January 7, 2011 This legislation ensures that the federal government plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with significant disabilities, and in assisting States and providers of services in fulfilling the aspirations of such individuals with disabilities for meaningful and gainful employment and independent living.

Title 42, USC, Chapter 126, "Equal opportunity for individuals with disabilities," February 1, 2010 This legislation provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities

Title 47, USC §225, "Telecommunications services for hearing-impaired and speech-impaired individuals," February 1, 2010 As required by the Americans with Disabilities Act of 1990, this section mandates that all common carriers providing telephone voice transmission services shall provide telecommunications relay services for hearing-impaired and speech-impaired individuals in the United States.

Title 47, USC §255, "Development of competitive markets," February 1, 2010 This legislation requires a manufacturer of telecommunications equipment or customer premises equipment to ensure that the equipment is designed, developed and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable.

Public Law (PL) 93-112, "Rehabilitation Act of 1973," §504, April 20, 1973 This act prohibits discrimination on the basis of disability in programs and activities, public and private, that receive federal funding, including the DoD. Section 504 protects people with disabilities from discrimination in employment by government agencies and organizations that receive federal funding, education in public schools or private schools receiving federal funding, access to higher education in colleges and universities, and access to programs and services that receive federal funding including health care facilities, public institutions, social service agencies, state and local government offices, and recreation facilities.

It is important to note that for military special needs families living outside the United States and its territories, Section 504 does not apply. DoD facilities and programs overseas are subject to the laws of the host nation.

PL 94-142, "Individuals with Disabilities Education Act (IDEA)," November 29, 1975 Enacted by Congress as the Education for All Handicapped Children Act, this act provided federal assistance to state and local education agencies to improve access to education by children with disabilities. IDEA requires early intervention services for children with disabilities or developmental delays from birth until three years of age and special education for children with disabilities from three through twenty-one years of age.

PL 101-336, "Americans with Disabilities Act of 1990," July 26, 1990 This act provided wide- ranging legislation intended to make American society more accessible to people with disabilities.  The act addresses five areas of discrimination: employment, public services, public accommodations, telecommunications, and miscellaneous items including the prohibition of coercing, threatening, or retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights afforded by the Americans with Disabilities Act.