Every school district in Oklahoma is legally required to ensure that extended school year services are available, as necessary, to provide a free appropriate public education to students with disabilities. Extended school year services are defined as special education and related services that are provided to a student with a disability beyond the length of the normal school year. Extended school year services must be provided in accordance with a student's Individual Education Plan (IEP) and at no cost to the parent.

Although not all students with disabilities require extended school year services to obtain a free appropriate public education, local school districts are required to determine eligibility for extended school year services for every student with a disability. School districts cannot restrict the availability of extended school year services to students with specific types of disabilities.

Eligibility for extended school year services is determined by a student's Individualized Education Program (IEP) team. The criteria used to determine whether a student will receive extended school year services may include: regression (loss of skills)/recoupment (the regaining of lost skills), critical point of instruction, emerging skills nature or severity of disability, interfering behaviors, lack of progress, or special circumstances such as transition form school to work, late entry into school, excessive absence due to illness, or likelihood of a more restrictive placement. Extended school year services cannot be denied by applying only the regression-recoupment criteria. A student is eligible if he/she meets other criteria listed above.

Extended school year services must be individualized to meet the unique needs of each eligible student. Once the IEP team determines that a student is eligible for extended school year services, the team must consider all of the needs of the student to identify what services will be provided. These services may focus on instruction, related services, behavioral needs, transition services, or any other aspect of a student's IEP

The IEP team must also determine and document the amount and duration of extended school year services for each eligible student. A school district cannot offer a one-size-fits-all extended school year services program (e.g. 4 week program, 3 hours/day) to eligible students. Individual determinations of the number of weeks, days per week, and hours per day must be based on each student's unique needs.

Extended school year services, like all other special education services, must be provided in the least restrictive environment. This means that the location in which extended school year services are provided must allow students with disabilities to interact with children who do not have disabilities.

Extended school year services eligibility decisions must be made in a timely manner. An eligibility determination is considered timely if there is sufficient time for the parent to appeal a denial of extended school year services and obtain those services through a due process hearing before the break in service, i.e., summer or holiday, occurs.