Eligible students with disabilities may require special education and related services outside the typical school day or beyond the school year, in accordance with the child's IEP, and at no cost to the parents. The IEP team must determine that extended school year services are necessary for the provision of a free appropriate public education by considering the following:

• Whether the student regresses or may regress during extended breaks from instruction and cannot learn the lost skills within a reasonable time.

• Whether the student is demonstrating emerging skills critical to skill acquisition that will be lost without the provision of an educational program during extended breaks from instruction.