Where Did This Support Come From?

One of the most common questions I receive from military families is whether JAG can help them with their child's IEP or special education concerns.

The answer is yes—but with important limitations that every family should understand.

Recently, there has been renewed discussion about the National Defense Authorization Act (NDAA) requirement that military legal assistance offices provide attorneys trained in education law. This is an excellent opportunity to explain both what the law requires and what families should realistically expect.

So... Where Exactly Did This Support Come From?

The legal assistance provision is not new. 

Congress first addressed this issue in the FY2021 National Defense Authorization Act (Public Law 116-283), under Title V—Military Personnel, Subtitle I—Military Family Readiness and Dependents' Education, Section 582, "Improvements to the Exceptional Family Member Program."

Through the FY2021 NDAA, Congress required attorneys trained in education law only at certain designated installations saying: “Primary Receiving Installations and certain installations in states with historically inadequate EFMP support”. That was the statutory minimum.

The Army then chose to implement a broader program.

Following the FY2021 NDAA, the Army expanded implementation beyond the statutory minimum by adopting a policy to ensure each Army installation has access to an attorney trained in special education advocacy. The Army's 2024 EFMP policy directs technical training and operational guidance for legal assistance attorneys to support military families navigating special education matters.

This represented a significant expansion of the original law. The Army deserves recognition for taking this additional step to improve access to education-law legal assistance for military families.

Understanding where this support came from is the first step. Next, we'll explore what the law says, how it has been implemented, and what military families should know.

Next in this series: 

 Part 2: What Does the Law Actually Require? Understanding JAG Education-Law Training & DoDEA

Part 3: What STRIDE Has Observed: Setting Realistic Expectations for Military Families

Part 4: How Families Can Seek Support and Advocate for Change