Is is legal to keep a child on a Child Study Intervention Plan for years after the eligibility process?
Interesting question from Virginia. Here are the facts we know.
- Twice-exceptional child, ADHD/gifted and talented.
- Good grades and yearly school test scores.
- Psychological testing shows executive function defects, particularly processing speed, memory.
- Written expression issues.
The child was evaluated by the school and found not eligible for a 504 plan or an IEP. The school team placed him on a “Child Study Intervention Plan.”
Q: Isn’t Child Study supposed to be used during the eligibility process, and not for years after?
A: In general, yes.
There is no “child study intervention plan” in the federal law and regulations.
State Policy on Child Study Plans
In this case, you need to look at state policy.
Virginia created an additional team called “Child Study” or “Problem Solving” whose mission is identify children who need to be evaluated and to develop strategies to help children who are not eligible for special ed services.
What Happens Next?
After the Child Study Team found the child not eligible, what was supposed to happen?
Have you found your child in a similar situation? Time to search your state policies/regulations and consider the answers to questions like these:
- Did the team provide the parents paperwork about the reasons why their child was found not eligible?
- Did the team provide the parents a copy of “Intervention Plan?”
- What interventions did the team plan to try?
- What were the outcomes?
- When was the team supposed to meet to discuss and possibly revise the Intervention Plan?
- What were the dates of the review?
- Is there documentation of the discussion and follow-up?
Supporting Documents from Virginia
Note: Check your state regulations or instruction policy about tiered system supports.
Unfortunately, the documents listed below when this post was initially published in 2015, are no longer available on the VA DOE site.
Student Intervention Plan at http://www.doe.virginia.gov/instruction/virginia_tiered_system_supports/training/cohort/2013/feb/day_1/individual_intervention_plan_template.pdf [No longer available]
Intervention Plan Checklist at http://www.doe.virginia.gov/instruction/virginia_tiered_system_supports/training/cohort/2011/july_19/student_intervention_plan_checklist.pdf [No longer available]
Intervention Team Plan at http://www.doe.virginia.gov/instruction/virginia_tiered_system_supports/training/cohort/2011/july_19/intervention_plan_template%20.pdf [No longer available]
The following documents at VA DOE, available as of 10/2018, may contain some additional information.
Parents Guide to Special Education (2010), page 11. School-Based Team –
Each school establishes a school-based team to process referral requests
for children suspected of having a disability. http://www.doe.virginia.gov/special_ed/parents/parents_guide.pdf
VDOE Eligibility Determination Conference (2014): Addressing the Needs of All Students – Multi Tiered Interventions and Supports – Child Study Team, page 2
Private Sector Evaluation
It may be time to consider a comprehensive evaluation (or re-evaluation) of your child by an independent evaluator in the private sector.