School/IEP-Frustration!!

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So, I live in Alabama, and as of August of last year, our custody agreement says that our children will rotate between states each year. One year in New York, and one year in Alabama. My son has just started school in Alabama and has an IEP in place in NY, and has a paraprofessional in place. Alabama will absolutely not honor it because they say the Alabama Code overrides Federal Law. (And I know that's ridiculous). My son is diagnosed with Aspergers, but in Alabama there is no gray area. Autism is defined as scores below 70, equal with menta retardation, period. I am trying with all I have to fight for my son's rights, but there have been instances in my County of other parents fighting for their children's IEP/Educational rights, and the Schoolboard has turned it around on the parent and had them arrested for Educational Neglect! I am soooo frustrated! If anybody has any advice it would be greatly appreciated. Thank You!

I wish you the best of luck, in finding the help that you need, for your child.

My advice: get a lawyer. Federal law does not allow for any limitations in spending to fulfill an IEP nor does it allow excluding a Federally recognized disability. Take them to court. Now. They will lose.

I second the idea of getting a lawyer. The difference between states supporting IEP's is absolutely amazing. One state will be wonderful, and then another will be awful. The trouble with the lawyer concept is that it may take FOREVER to get what your son needs. You have to weigh that against maybe possibly homeschooling as an alternative.

We were in California when my son was just diagnosed and in kindergarten. We fought all year long, without a lawyer, but with advocates, etc. We thought we were getting somewhere, but when it came down to things, our son would not have been in regular ed, he would have been put with a class with a multitude of different diagnoses, i.e., speech impediments, blind, deaf, lower IQ, etc. One or maybe two teachers for fifteen kids all with different diagnoses. We decided to move to a state that would be more accomodating, and we've never looked back. My son is going into high school, and we are STILL fighting for an appropriate education -- but he's in regular ed and doing relatively well, and college bound.

Again, I wish you luck with your work on this IEP situation.

Somebody in that school system needs to go back to psych 101. Seriously. Autism equals MR? What in the world are they smoking?

Anyway, yeah, get yourself a lawyer. If worst comes to worst, you can home-school; but if you get your kid the IEP he needs, then you'll be paving the way for other parents of non-MR autistics, and that can only be a good thing.

I think maybe you have been given the wrong information. The Individuals with Disabilities Education Act (IDEA) is a federal law that governs how states provide special education services. Once a state accepts federal funding under IDEA, which I believe Alabama has, the federal law trumps state law: http://en.wikipedia.org/wiki/Individual ... cation_Act

Also check out this website: http://www.wrightslaw.com/idea/index.htm

Good luck. IEP issues can be hard. The people who tell you to get a lawyer are probably right. The idea of a state code trumping federal law is ridiculus, completely unconstitutional.