UNCLASSIFIED (U)

3 FAM 3280

SPECIAL NEEDS EDUCATION ALLOWANCE

(CT:PER-1110;   11-14-2022)
(Office of Origin:  MED)

3 FAM 3281  Authorities

(CT:PER-949;   06-27-2019)
(Uniform U.S. government civilian employees in foreign areas)
(Applies to Foreign Service & Civil Service Employees)

The authorities cited for this subchapter are:

(1)  5 U.S.C. 5924 (4)

(2)  Department of State Standardized Regulations (DSSR), particularly Chapters 270-276.8, Child with Special Needs

3 FAM 3282  General  

(CT:PER-968;   12-18-2019)
(Uniform U.S. government civilian employees in foreign areas)
(Applies to Foreign Service & Civil Service Employees)

a. The Special Needs Education Allowance (SNEA) is an education allowance to assist employees who have children with special educational needs. The allowance assists with defraying necessary expenses incurred in order to provide adequate special education for employees’ children when those expenses are not otherwise compensated and when they are incurred by the employee by reason of service in a foreign area.

b. Education allowances are governed by the Department of State Standardized Regulations (DSSR), particularly DSSR 270.  

3 FAM 3283  Eligibility

(CT:PER-1110;   11-14-2022)
(Uniform U.S. government civilian employees in foreign areas)
(Applies to Foreign Service & Civil Service Employees)

a. The Special Needs Education Allowance (SNEA) applies to children who, if they were attending school in the U.S., would be entitled to educational benefits under the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA), 20 U.S.C. 1400 et seq, and/or under Section 504 of the Rehabilitation Act.

b. At the request of an employee with a child with special needs requiring additional education and related services, the authorizing officer may grant SNEA (DSSR 274.12c) in lieu of the ordinary school-at-post, home study/private instruction, or school-away-from-post education allowance rate. This benefit is available from birth to the twenty-first birthday for children who would fall under IDEIA if residing in the United States (or, if the child has not yet completed grade 12, until the end of the school year that is in progress when the child reaches the age of 22) and for grades Kindergarten through 12 for children who would fall under Section 504 if residing in the United States.  If an employee does not apply for SNEA for a particular foreign post assignment and uses another educational allowance instead, he/she may do so.  This does not preclude applying for SNEA at a later date.  

c.  SNEA is granted annually and based on submission of appropriate documentation of need.

d. SNEA is post-specific. The cable detailing allowable services is issued to the employee and the Financial Management Officer at post. Changing posts requires issuance of a new or amended cable after review of available services at the new post.

e. SNEA is school-specific. SNEA is based on services provided within the school and documentation of the school’s understanding of and willingness to provide the child’s required special educational services or to work with outside providers when appropriate. Changing schools is the parents’ prerogative but will necessitate review of the new school’s service capacities and willingness to provide what the child needs. After reviewing the new school’s available services, if MED’s Office of Child and Family Programs (MED/MH/MHS/CFP, hereafter referred to as MED/CFP) determines the new school is able to provide the required services or to work with outside providers if appropriate, then an amended cable must be issued detailing the change in school and any change in service provision.

f.  SNEA is provider specific. SNEA is granted based on a careful review of individual service providers’ qualifications and understanding of where the services will be provided, either within or outside of the school. Changes in providers must be discussed with CFP and will require an amended cable if appropriate.

g. Away-from-Post educational allowances, including SNEA, are not available for children meeting the definition of DSSR 276.3 or children on whose behalf the employee is receiving a separate maintenance allowance. Requests for review of documentation should be submitted to the Director of the Office of Allowances at the Department of State.

h. Applications for SNEA for the upcoming school year will begin July 1st of each year. Employees are strongly encouraged to apply as early as possible for SNEA for the upcoming school year and to obtain authorization before incurring any expenses for special educational services. Expenses already incurred may not be reimbursable through SNEA if after review of the application the services already received are not allowable under SNEA. The deadline for the SNEA application is the end of the calendar year that coincides with the end of the school year for which SNEA is being requested. Example: applications for SNEA for the 2020-21 school year are due by December 31, 2021. Applications submitted and in progress by this date will be given full consideration. Requests for exceptions to this deadline may be made for extraordinary and compelling circumstances outside the employee’s control (e.g., evacuation, civil unrest, or natural disasters); however, every reasonable attempt should be made to comply with this deadline.

i.  Responsibility for obtaining documentation rests with the employee. CFP officials are not permitted to authorize services when documentation is inadequate or unclear. All supporting documentation for an application must be received by Medical Records by December 31 of the calendar year that coincides with the end of the school year for which SNEA is being requested or 90 days after receipt of a signed and dated SNEA application, whichever date is later, except when additional documentation or clarification is requested by CFP, or in case of exceptional or extraordinary circumstances outside the employee’s control (e.g., evacuation, illness, civil unrest, or natural disasters).

3 FAM 3284  Required Documentation

(CT:PER-1110;   11-14-2022)
(Uniform U.S. government civilian employees in foreign areas)
(Applies to Foreign Service & Civil Service Employees)

a. The employee must provide the authorizing official written evidence that the child meets the definition of a child who is eligible for SNEA under DSSR 271m, specifically, that the child has a disability under the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) and/or Section 504 of the Rehabilitation Act.

(1)  An educational disability is demonstrated when a child’s educational performance is adversely affected by the presence of a medical condition or diagnosis. The presence of a medical condition or diagnosis alone does not by itself indicate the existence of an educational disability and does not automatically confer the authorization of the SNEA. There must be evidence that the condition or diagnosis has or would negatively impact the child’s ability to access a general education.

(2)  Definitions of categories of disability under the Individuals with Disabilities Education Act can be found here: 34 CFR 300.8 (c) - Individuals with Disabilities Education Act

b. The child must have a formal Individualized Education Program (IEP), Individualized Learning Plan (ILP) or an equivalent document prepared by a qualified medical or educational professional in collaboration with the school staff and related service providers describing the education services that are required to meet the child’s special educational needs.

(1)  Reimbursement may only be for those services described in the IEP/ILP that are required for the child to access a general education curriculum and that are normally provided free of charge in U.S. public schools.  

(2)  For a child under age three, reimbursement is limited to required services described in an Individual Family Service Plan (IFSP), and which would normally be provided free of charge by local early intervention agencies in the United States.

(3)  SNEA is authorized only for services provided in English unless the child with special educational needs has limited English proficiency (LEP) and non-English special educational services are indicated in the IEP/ILP.

(4)  English Language Learning services can be covered by the Supplementary Instruction Allowance. DSSR –276.9.

(5)  SNEA will provide reimbursement for diagnostic evaluations provided in languages other than English, but English translations must be provided for all evaluation reports in foreign languages. Translation of documents, when requested by MED, is reimbursable under DSSR 277.1 (d) and DSSR 276.8.   MED will not accept translations made by parents or immediate family members, as this poses a potential conflict of interest.

(6)  Required elements of the IEP/ILP or equivalent as defined by IDEIA include:

(a)  A statement of the child’s present levels of academic achievement and functional performance including how the child’s disability affects the child’s involvement and progress in the general education curriculum.

(b)  A statement of measurable annual goals, including academic and functional goals designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum and meet each of the child’s other educational needs that result from the child’s disability.

(c)  A description of how the child’s progress toward meeting the annual goals will be measured.

(d)  A statement of the special education and related services to be provided to the child.

(e)  Further description of these and other elements of the IEP can be found here: 34 CFR 300.320 Definition of individualized education program - Individuals with Disabilities Education Act.

(7)  Additional elements of the IEP/ILP required by CFP include:

(a)  Description of who will be providing special education services and where those services will be provided.

(b)  Description of the length of time, frequency, and duration of the services to be provided. Example: Speech therapy provided for 30 minutes once weekly for six months.

(c)  Signatures of parent/guardian(s), teachers, learning specialists, and other providers as appropriate.

c.  Responsibility for obtaining documentation rests with the employee. CFP officials are not permitted to authorize services when documentation is inadequate or unclear.

3 FAM 3285  Department of State Policy

(CT:PER-1110;   11-14-2022)
(State)
(Applies to Foreign Service & Civil Service Employees)

a. The purpose of SNEA is to assist employees serving at foreign posts in obtaining early intervention, kindergarten, elementary, and secondary special educational services for their children with special educational needs. This includes such educational services as are provided in the United States under the Individuals with Disabilities Education Improvement Act and Section 504 of the Rehabilitation Act, that public schools in the United States ordinarily provide without charge.

b. By assisting employees with the fulfillment of the educational needs of their children, SNEA encourages employees who have children with special educational needs to bid on and serve in foreign assignments.  It is in the Department’s interest to maximize employees’ ability to serve in foreign assignments. 

c.  International schools vary in their ability to match the support structure, special education environment, and services found in U.S. public schools.  For this reason, the Department authorizes SNEA as flexibly as possible in order to accommodate the unique and often challenging circumstances of overseas operating environments and foreign-area assignments within the parameters established by the DSSR 270.

d. Ideally, special education services should be provided in a school setting as part of a child’s educational curriculum.  However, educating children with special needs in overseas settings often involves unique challenges.  Therefore, in certain circumstances where specific special education services cannot be provided directly in a school setting but are available as services offered outside school or school hours or via the internet (e.g., online speech therapy), such services will be carefully reviewed and may be authorized by MED/CFP.  Authorization may be provided when the child’s IEP/ILP or equivalent defines the need for such services to obtain an education, accessing the intervention in this manner does not contravene the intent of the intervention as needed for special education, the services can be appropriately provided outside school and/or outside normal school hours, and the services are normally provided free of charge in U.S. public schools. 

e. Because most employees of the Department of State and other Foreign Affairs Agencies assigned domestically would reside within one of the school districts in the Washington, DC metro area (Washington, DC and Northern Virginia or Maryland counties adjacent to Washington, DC), school districts in these areas will generally be the points of reference when determining what special educational services are “ordinarily provided without charge by public schools in the United States.”

f.  SNEA is subject to other applicable legal authorities and policies that govern education allowances.

g. It is the policy of the Department in managing SNEA to maintain effective internal and financial controls, to ensure operational efficiency through ongoing systems reviews, and to ensure that the Department complies with relevant regulations and laws.

3 FAM 3286  ROLES AND RESPONSIBILITIES

3 FAM 3286.1  Special Needs Education Allowance Committee (SNEA Committee)

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

a. The purpose of the Special Needs Education Allowance (SNEA) committee is to ensure polices are applied appropriately and to support employees who have children with special needs. The committee serves as a mechanism to review existing SNEA procedures and ensure they are appropriate, and report to the Under Secretary for Management, as needed.  The committee does not replace other existing decision-making bodies or processes, although the committee may direct them to take certain actions or help to expedite their work

b. The committee is chaired by the Bureau of Administration’s Deputy Assistant Secretary for Operations (A/OPR), who oversees both the Office of Overseas Schools and the Office of Allowances. 

c.  The committee’s charter, which A/OPR maintains and updates, sets forth the members of the committee and its governance structure in greater detail. 

d. A/OPR/Office of Overseas Schools serves as the Secretariat to the committee. 

3 FAM 3286.2  Under Secretary for Management (M)

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

The Under Secretary for Management has overall responsibility for the Special Needs Education Allowance (SNEA).  M or his/her designee provides broad oversight for the administration of SNEA and ensures that M Family bureaus effectively coordinate on SNEA policy and implementation.

3 FAM 3286.3  Bureau of Administration (A)

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

a. The Office of Allowances (A/OPR/ALS) coordinates interagency policy; administers regulations, standards, and procedures; and establishes rates for SNEA within the government-wide Standardized Regulations (Government Civilians, Foreign Areas) maintained by the Department of State (commonly referred to as the DSSR). 

b. The Office of Overseas Schools (A/OPR/OS) helps parents make informed decisions on their children’s education, in coordination with the Bureau of Medical Services (MED). The Director of the Office of Overseas Schools shall maintain and update a list of overseas schools receiving assistance from the Office and must detail the extent to which each such school provides special education and related services to children with disabilities in accordance with Subchapter IV, Part B of the Individuals with Disabilities Education Act. The special needs programming for each assisted school shall be posted on the public website of the Office for access by members of the Foreign Service, the Senior Foreign Service, and their eligible family members.

3 FAM 3286.4  Bureau of Medical Services (MED)

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

a. Upon validation of required services described in a child’s IEP/ILP or equivalent, MED’s Office of Child and Family Programs (MED/MH/MHS/CFP, hereafter referred to as MED/CFP) determines SNEA eligibility and provides authorization for the appropriate services to be paid for/reimbursed by SNEA.  If an employee lacks an IEP/ILP for his or her child and is unable to obtain one from the child’s school, MED/CFP may provide guidance to the employee regarding the required documentation and what might substitute as an IEP/ILP equivalent. The IEP/ILP or its equivalent will be used to support authorization for payment for allowable reimbursable expenses.  MED may also consult and coordinate with post health units and health practitioners, the Office of Overseas Schools, and parents of children with special needs to assess the availability and adequacy of special educational resources at posts around the world.

b. In addition to notifying the employee requesting SNEA, MED/CFP will provide authorization to an employee’s post of assignment via cable for SNEA.

c.  If the child’s IEP/ILP is current (not expired) on the first day of the school year, MED/CFP will authorize allowable expenses and tuition for the entire school year based on information in that IEP/ILP.

d. If the child had an IEP/ILP during the prior school year, but the IEP/ILP is no longer current (the IEP/ILP is expired and an updated IEP/ILP based on assessment of needs and goals for the current school year has not been provided) then MED/CFP will offer the family a partial year SNEA cable authorizing expenses for required services defined in the IEP/ILP from the prior year. Should the family choose it, the partial year cable will authorize the prior year’s allowable expenses for required services other than tuition through December 31 of the current school year. This provides time for assessment of the child’s current needs and the production of an updated IEP/ILP while maintaining authorization of prior service needs and allowing parents to request reimbursement for ongoing service expenses. After receipt of the updated IEP/ILP, MED/CFP will amend the authorization cable to reflect any updated requirements and extend authorization for required services through the remainder of the school year.

e. If the partial year or full year SNEA cables are declined, the regular post education allowance will still be available for the child and the parent(s) will be responsible for payment of any special educational expenses required by the school in addition to tuition.

f. If all the services requested by the employee are not approved for reimbursement, then MED/CFP will inform the employee of the appeal process. (See 3 FAM 3289)

g. Department of State employees must submit reimbursement claims for ongoing, periodic services using the E2 local payments module. Submissions must include a copy of the employee’s SF 1190, the SNEA authorization cable, and paid receipts for services for which employees are requesting reimbursement. MED/CFP will be notified of the submissions through E2. MED/CFP will then review the claims to determine that services match those authorized by MED/CFP in the SNEA cable.  After MED/CFP reviews and approves the SNEA expenses in accordance with the child’s IEP/ILP and SNEA cable, the employee’s claim will route in E2 to CGFS/PSU for certification in accordance with established policy and procedures.   

3 FAM 3286.5  Bureau of Global Talent Management (GTM)

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

a. GTM’s Office of Career Development and Assignments (GTM/CDA), assists employees as they are preparing for, bidding on, and being paneled to Foreign Service assignments.  GTM/CDA also issues Bidding Instructions for each annual assignment cycle and coordinates with other bureaus, including A and MED, to resolve assignment-related issues encountered by employees with children with special needs. 

b. The International/Domestic Support Division of GTM’s Executive Office (GTM/EX/IDSD) issues travel authorization orders (TMFOURs) for employees and their eligible family members once MED has approved Class 1 worldwide available or Class 2 post-specific medical clearances for them for the onward foreign-area assignment.

3 FAM 3286.6  Bureau of the Comptroller and Global Financial Services (CGFS)

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

CGFS’s Post Support Unit (CGFS/PSU) certifies SNEA claims in accordance with established policy and procedures.    

3 FAM 3287  SNEA IMPLEMENTATION POLICIES AND PROCEDURES

(CT:PER-968;   12-18-2019)
(Uniform State/USAGM/Commerce/ Foreign Service Corp-USDA)
(Applies to Foreign Service Employees Only)

3 FAM 3287.1  SNEA and the Medical Clearance Process

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

MED/CFP establishes the policies and procedures for obtaining medical clearances for children with special needs and determining and certifying SNEA-eligibility (see 16 FAM 426).

3 FAM 3287.2  SNEA and the Assignments Process

(CT:PER-968;   12-18-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

See paragraph 6 of 19 STATE 70056.

3 FAM 3287.3  SNEA Reimbursements

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

a. Allowable expenses under SNEA may be reimbursed to an employee only after MED/CFP provides an authorization cable with details on reimbursable expenses for that individual child. Reimbursable expenses for special educational services incurred in support of a child’s education must be supported by the child’s IEP/ILP or equivalent, as determined by MED/CFP, and must be services normally provided free of charge in U.S. public schools.

b. MED/CFP provides the SNEA authorization cable and pre-approval documentation to the employee and Financial or Management Officer at the employee’s post of assignment. The employee is responsible for submitting the documentation with his/her SNEA claims.

3 FAM 3288  FINANCIAL ISSUES

(CT:PER-968;   12-18-2019)
(Uniform State/USAGM/Commerce/ Foreign Service Corp-USDA)
(Applies to Foreign Service Employees Only)

3 FAM 3288.1  Expenses Covered by SNEA

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

SNEA may only cover expenses for special educational services that are ordinarily provided free of charge by U.S. public schools.  The following is a non-exhaustive list of items that SNEA covers when validated and authorized by the Bureau of Medical Services.

(1)  Expenses itemized in DSSR 277 based on selected method of education.

(2)  Services validated in a child’s IEP/ILP or equivalent, including but not limited to speech and language therapy, occupational therapy, and physical therapy services, including when delivered outside of the school setting and outside normal school hours, if they are ordinarily provided without cost in U.S. public schools.

(3)  Rental of equipment (e.g., amplification and auditory devices, and augmentative communication devices) necessary for services required by the ILP (or equivalent) or Individualized Family Service Plan (IFSP), or when based on the recommendation of a licensed speech and language pathologist, if they would normally be provided without charge by a U.S. public school.

(4)  Purchase of software may be authorized when the item is necessary for required course work and has no application beyond that course. 

(5)  Private individual specialized instruction, which may be referred to as specialized individual tutoring in conjunction with attendance at the at-post school may be authorized only when a service is educationally required due to an identified educational disability, not available at the school attended within school hours, and would normally be provided free of charge in a U.S. public school.

(6)  Educational consultants.

(a)  If an employee has a child who MED/CFP has determined to be eligible for SNEA but whose needs cannot be met at post, then MED/CFP may pre-authorize the use of an educational consultant to assist the family with identifying an adequate educational alternative away from post. (DSSR 276.8a)

(b)  Educational consultants are only authorized for the purpose of identifying possible schools or Extended School Year (ESY) programs away from post and not for the purpose of creating IEP/ILPs.

(c)  The employee must pay the educational consultant fee up front and request reimbursement through MED/CFP.

(d)  MED/CFP must validate that a school or program away from post can provide the services defined in the child’s IEP/ILP before it will recommend approval of any school identified by an educational consultant.

(e)  MED/CFP provides oversight on educational consultants involved in SNEA administration, and reviews and approves their recommendations for conformity to professional standards and reasonableness.

(f)   More information can be found in DSSR 276.8

(7)  IEP/ILP-required ESY services. Extended School Year (ESY) Services can be authorized when the school has determined that an extended absence from school will result in significant regression in learning that would require extensive time to remediate. 

(a)  ESY Services must be included in the IEP/ILP or equivalent and employees must provide an assessment from the service provider after the end of the program.

(b)  Employees are strongly encouraged to obtain authorization for ESY services prior to incurring any ESY expense. If employees incur expenses for non-allowable services or services that extend beyond what would normally be provided free of charge in a U.S. public school, MED/CFP may not authorize reimbursement.

(c)  ESY Services typically will be authorized to follow the pattern of the Washington, DC metro area schools (maximum 3-4 hours per day, 4-5 days per week for one month between school years).

(d)  ESY Services cannot be authorized for failed subjects, repeated or remedial instruction, or for subjects not taught at school (see Supplementary Instruction Allowance).

(e)  Students found eligible for ESY services may be authorized to receive reimbursement via SNEA for services provided in non-educational settings, provided those settings can be shown to offer the services specified in the IEP/ILP that would ordinarily be provided by U.S. public schools without charge.  The Department recognizes that there may be unusual situations at foreign posts where ESY services, as outlined in and required by the IEP/ILP, are only available at locations outside of a school in which some of the activities are recreational as well as special educational.  To be eligible for SNEA reimbursement, such programs must provide a detailed itemized billing which separates special education services from recreational costs.  Recreational costs remain a personal expense.  Only non-recreational charges related to services specified in the IEP/ILP that would normally be provided free of charge by U.S. public schools may be reimbursed.

(f)   Subject to the limitations discussed in (6), the costs of an educational consultant to locate appropriate ESY services are eligible to be covered under SNEA.

(8)  Expenses for in-school instructional aides (instructional assistant, aide, para-educator, paraprofessional, teacher’s aide, shadow teacher, etc.) are allowable when specified in the IEP/ILP and approved by MED/CFP.  

(a)  If the school requires a one-to-one aide, then generally the school must hire the aide due to concerns related to liability, local laws, vetting, collaboration, consultation, and training issues.

(b)  In very specific circumstances, after discussion with MED/CFP, it may be possible to authorize the services of an instructional aide hired directly by the parent/employee, if the school agrees with the arrangement and MED/CFP determines both the school and the instructional aide are qualified to provide the services identified in the IEP/ILP.

(c)  In such circumstances where the employee hires the aide, the employee/parent is responsible for complying with all applicable local laws and will be responsible for any unauthorized expenses incurred.  In these cases, employees may only claim reimbursement for the cost of services provided by the instructional aide directly to the student within the school setting during normal school hours.  

(d)  SNEA cannot be used to cover time spent in collaboration, consultation, training, or other non-direct services to child.

(e)  SNEA cannot be used to pay for travel expenses of the educational aide to and from the school.

(f)   Parents should closely consult with MED/CFP in these circumstances, as schools that are unable to identify or provide an appropriate instructional aide may not meet other requirements of the child’s special educational needs.  

(g)  A one-to-one instructional aide may not be hired for the purpose of providing or assisting with homeschooling. Refer to DSSR 277.3 for a list of reimbursable expenses.

(h)  When an employee hires an aide, the employee must provide confirmation to MED/CFP that Post management is aware that the employee is hiring the aide, and that the employee understands any post-specific employment limitations and is following any post-specific requirements related to entering the employment agreement.

(i)   Employees/parents are strongly encouraged to seek authorization for any one-to-one aide prior to hiring the aide and incurring expenses. MED/CFP may not be able to authorize reimbursement for expenses already incurred that do not meet the preceding criteria.

(9)  Educational diagnostic testing, including psychoeducational testing, neuropsychological testing, speech and language evaluations, occupational therapy and /or physical therapy evaluations, required by a school or medical/education authority are allowable under SNEA.  

(a)  Employees/parents are strongly urged to discuss any educational diagnostic testing with the Regional Medical Officer Psychiatrist and/or MED/CFP and to obtain authorization for the service(s) prior to incurring any expenses. MED/CFP may not be able to authorize reimbursement for educational diagnostic testing if there is not documentation supporting the requirement for the testing. MED/CFP may not be able to authorize reimbursement for the educational diagnostic testing if the quality of the testing is poor and/or does not address the diagnostic question(s) related to the child’s ability to fully access an education.

(b)  Costs for ongoing psychiatric and psychological treatment cannot be reimbursed through SNEA.  

(c)  However, education-based psychological and counseling services performed by properly trained, qualified personnel such as a psychologist, licensed clinical counselor, licensed clinical social worker, and school psychologist may be authorized for students with disabilities when such services are related to the child’s disability, are specified in the IEP/ILP, and would normally be provided without charge by a U.S. public school.

(d)  Educational diagnostic testing cannot be authorized solely for the purpose of admission to a school or for establishing the need for accommodations for standardized testing.

(e)  After the initial psychoeducational evaluation, subsequent routine reevaluation can be authorized once every three years (See IDEA: sites.ed.gov/idea/regs/b/d/300.303) except as described in paragraph (f) below.  Triennial reevaluation is considered non-urgent and should be completed by a provider at post when appropriate or should be arranged in advance to occur away from post during home leave or R&R. Therefore, in most circumstances, travel and per diem cannot be authorized for triennial reevaluation.

(f)   If new information is needed before the triennial reevaluation, new testing can be authorized when there is appropriate justification from the school and/or other qualified providers.

(10) Travel of a family member (see DSSR 040m) to accompany a child between the foreign post and the school or to accompany the child to required diagnostic testing from the post to the most reasonable point where the testing can be performed is allowable under SNEA. Return travel of a family member to school to pick up the child may be included within the allowance when deemed necessary by the authorizing officer.

(11) Travel from a foreign post may also be authorized for an interview prior to enrollment when such interview is required for the child's admittance into the school and is pre-authorized by MED/CFP.  Travel for the interview purpose is restricted to one round trip while the parent is assigned to a foreign post.

(12) Preschool can be authorized when a child is 3 years old or older and has been identified as having an educational disability. The child must have a formal Individualized Education Plan (IEP), Individualized Learning Plan (ILP) or an equivalent document prepared by a qualified medical or educational professional in collaboration with the school staff and related service providers describing the education services that are required to meet the child’s special educational needs.

(a)  The preschool must also be able to provide the appropriate services or, if necessary, collaborate with outside providers to obtain services required for the child to access an education as would be provided for free in a U. S. public school.

(b)  Employees/parents are strongly urged to discuss any preschool requirements with MED/CFP and to obtain authorization for the service(s) prior to incurring any expenses. MED/CFP may not be able to authorize reimbursement for preschool services if there is not documentation supporting the requirement.

3 FAM 3288.2  Expenses Not Covered by SNEA

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

SNEA may only cover expenses for early intervention and special educational services that are ordinarily provided free of charge by state Programs for Infants and Toddlers with Disabilities and U.S. public schools.  Following is a non-exhaustive list of items that are not covered by SNEA.

(1)  Physical construction or structural modifications like ramps for wheelchairs or purchase of classroom alterations.

(2)  Recreational activities, even therapeutic recreational activities, excepting recreational activities that are provided incidentally to covered activities, such as modified Physical Education (PE) in school.

(3)  Purchase of any equipment or materials that have broader use than for the required educational services, such as computer hardware, instruction books, and/or computer software, printers, and furniture.

(4)  Travel for exploratory or familiarization purposes, i.e., travel to assess special educational programs and resources.

3 FAM 3289  SNEA APPEAL PROCESS

(CT:PER-1110;   11-14-2022)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp/USDA)
(Applies to Foreign Service & Civil Service Employees)

a. Eligibility for the SNEA Appeal Process

(1)  Employees whose request for SNEA authorization or reimbursement has been denied may appeal that decision. CFP will inform the employee of the SNEA appeal process when, in the interpretation of the CFP clinician, the documentation provided does not support eligibility for the SNEA for all or part of the services requested by the employee.

(2)  Examples of reasons for denial of services include but are not limited to:   

(a)  Documentation provided was insufficient to determine eligibility, i.e., either no educational disability was identified or no adequate IEP/ILP or equivalent was submitted.

(b)  Services for which SNEA was requested would not be provided for free in a U.S. public school.

(c)  Services for which SNEA was requested greatly exceed what would be provided for free in a US public school.  

(d)  Services for which SNEA was requested include services to be provided outside the school that duplicate services being provided by the school.

(3)  Any employee who has requested SNEA for a child may submit a written appeal of an adverse determination to the Chief Medical Officer or designee.

(4)  The deadline for requesting appeal of an adverse SNEA decision is December 31 of the year following the school year for which the employee requested SNEA. Example: for SNEA request for 2020-21 school year, the deadline to request an appeal is December 31, 2022.

b. The employees are responsible for

(1)  Contacting the Chief Medical Officer or designee to initiate the process

(2)  Writing a statement detailing the SNEA service(s) that they want the Panel to review for eligibility, and

(3)  Providing supporting documentation to the Medical Review Panel to justify the eligibility of the requested services.

c.  The Chief Medical Officer or designee will convene a panel to review the request.

(1)  Two panel members will be Regional Medical Officer Psychiatrists and one will be a Regional Medical Officer.

(2)  None of these physicians will have had prior engagement with the employee regarding the SNEA application.

(3)  The physicians will participate in person in Washington, DC or remotely from posts overseas.

(4)  MED will also invite a fourth, non-voting consultant to the panel who has experience with U.S. education and disability laws and their applications in the U.S. public school systems. This consultant may be drawn from another bureau or office within the Department of State or may be a subject matter expect from outside the Department of State.

(5)  In addition, one member of the CFP clinical staff will be available as a subject matter expert to answer questions the panel members may have regarding the SNEA application process and elements specific to the case being appealed.

(6)  Deputy Chief Medical Officer for Mental Health Programs or designee will be available to answer questions regarding CFP and the SNEA application process.

(7)  Other subject matter experts (e.g., legal counsel, educational specialist, child psychiatrist, etc.) may be invited as necessary.

d. Medical Review Panel considers the eligibility for SNEA to provide reimbursement for requested services with input from the employee(s) and the CFP clinician representative, and with clarification and guidance regarding IDEA, Section 504 of the Rehabilitation Act, and CFP Processes from the Deputy Chief Medical Officer for Mental Health Programs.

(1)  Each member of the MRP votes their recommendation, then

(2)  The Chairperson of the MRP informs the Chief Medical Officer of the majority recommendation.

e. The Chief Medical Officer reviews the recommendation of the panel, makes a final decision regarding the approval or disapproval of the services requested and informs the employee(s) of the decision.

f.  If any services are approved on appeal, the CFP will produce a new SNEA cable detailing the services approved by the appeal panel.

UNCLASSIFIED (U)