---
kind: "section"
citation: "32 C.F.R. § 57.4"
title: "32"
number: "57.4"
heading: "Policy."
url: "https://uscodex.org/cfr/32/57.4"
---

# §57.4. Policy.


It is DoD policy that:

- (a) Infants and toddlers with disabilities and their families who (but for the children's age) would be entitled to enroll in a DoDEA school in accordance with 20 U.S.C. [921-932](/usc/20/921-932.md) or [10](/usc/20/10.md) U.S.C. 2164 shall be provided EIS.
- (b) The DoD shall engage in child-find activities for all children age birth to 21, inclusive, who are entitled by 20 U.S.C. [921-932](/usc/20/921-932.md) or [10](/usc/20/10.md) U.S.C. 2164 to enroll or are enrolled in a DoDEA school.
- (c) Children with disabilities who meet the enrollment eligibility criteria of 20 U.S.C. [921-932](/usc/20/921-932.md) or [10](/usc/20/10.md) U.S.C. 2164 shall be provided a FAPE in the least restrictive environment, including if appropriate to the needs of the individual child, placement in a residential program for children with disabilities in accordance with the child's IEP and at no cost to the parents.
- (d) The Military Departments and DoDEA shall cooperate in the delivery of related services prescribed by [section 1401(26)](/cfr/32/1401.md?p=26) of the IDEA and this part as may be required to assist eligible children with disabilities to benefit from special education.
- (e) Children with disabilities who are eligible to enroll in a DoDEA school in accordance with 20 U.S.C. [921-932](/usc/20/921-932.md) or [10](/usc/20/10.md) U.S.C. 2164 shall not be entitled to provision of a FAPE by DoDEA, or to the procedural safeguards prescribed by this part in accordance with the IDEA, if:
  - (1) The sponsor is assigned to an overseas area where a DoDEA school is available within the commuting area of the sponsor's overseas assignment, but the sponsor does not elect to enroll the child in a DoDEA school for reasons other than DoDEA's alleged failure to provide a FAPE; or
  - (2) The sponsor is assigned in the United States or in a U.S. territory, commonwealth, or possession and the sponsor's child meets the eligibility requirements for enrollment in a DoDEA school, but the sponsor does not elect to enroll the child in a DoDEA school for reasons other than DoDEA's alleged failure to provide a FAPE.

## Notes

### Authority

Authority: 10 U.S.C. 2164, 20 U.S.C. 921-932 and chapter 33.

### Source

Source: 80 FR 36660, June 25, 2015, unless otherwise noted.