---
kind: "section"
citation: "32 C.F.R. § 75.5"
title: "32"
number: "75.5"
heading: "DoD criteria for identifying family members with special needs."
url: "https://uscodex.org/cfr/32/75.5"
---

# §75.5. DoD criteria for identifying family members with special needs.

- (a) **Special medical needs.** Individuals who meet one or more of the criteria in this section will be identified as a family member with special medical needs:
  - (1) Potentially life-threatening conditions or chronic (duration of 6 months or longer) medical or physical conditions requiring follow-up care from a primary care manager (to include pediatricians) more than once a year or specialty care.
  - (2) Current and chronic (duration of 6 months or longer) mental health conditions (such as bi-polar, conduct, major affective, thought, or personality disorders); inpatient or intensive (greater than one visit monthly for more than 6 months) outpatient mental health service within the last 5 years; or intensive mental health services required at the present time. This includes medical care from any provider, including a primary care manager.
  - (3) A diagnosis of asthma or other respiratory-related diagnosis with chronic recurring symptoms that involves one or more of the following:
    - (i) **Scheduled use of inhaled or oral anti-inflammatory agents or bronchodilators.**
    - (ii) History of emergency room use or clinic visits for acute asthma exacerbations or other respiratory-related diagnosis within the last year.
    - (iii) History of one or more hospitalizations for asthma, or other respiratory-related diagnosis within the past 5 years.
  - (4) A diagnosis of attention deficit disorder or attention deficit hyperactivity disorder that involves one or more of the following:
    - (i) **Includes a co-morbid psychological diagnosis.**
    - (ii) Requires multiple medications, psycho-pharmaceuticals (other than stimulants) or does not respond to normal doses of medication.
    - (iii) Requires management and treatment by a mental health provider (e.g., psychiatrist, psychologist, social worker or psychiatric nurse practitioner).
    - (iv) Requires the involvement of a specialty consultant, other than a primary care manager, more than twice a year on a chronic basis.
    - (v) **Requires modifications of the educational curriculum or the use of behavioral management staff.**
  - (5) **A chronic condition that requires—**
    - (i) Adaptive equipment (such as an apnea home monitor, home nebulizer, wheelchair, custom-fit splints/braces/orthotics (not over-the-counter), hearing aids, home oxygen therapy, home ventilator, etc.).
    - (ii) **Assistive technology devices (such as communication devices) or services.**
    - (iii) Environmental or architectural considerations (such as medically required limited numbers of steps, wheelchair accessibility, or housing modifications and air conditioning).
- (b) **Special educational needs.** Family members of active duty Service members (regardless of location) and civilian employees appointed to an overseas location eligible for enrollment in a DoDEA school on a space-required basis will be identified as having special educational needs if they have, or are found eligible for, either an IFSP or an IEP under [32 CFR part 57](/cfr/32/part57.md).

## Notes

### Authority

Authority: 10 U.S.C. 1781c.

### Source

Source: 84 FR 3690, Feb. 13, 2019, unless otherwise noted.