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Is it Legal?

Our son lives with his stepfather and mother. I am his mother. His father and stepmother live about 100 miles away. We all live in Kentucky. Our son is 17 and a senior in high school. His father and I have joint custody. Alex was diagnosed at age 3 with ADHD and other neuro-biological conditions. He has had an IEP most the time he has been in school. Last year, Alex lived with his father for 10 months. His father met with school personnel where he lives and unilaterally exited Alex from his IEP. Alex was never informed that he had been exited. I was never informed he had been exited by the school or his father. I only found out about it from the school counselor when Alex came home and we enrolled him back in his home school. Alex had an IEP in place at his home school in 2008-2009 school year. The last time the school system evaluated him was in 2005. He is still diagnosed with the same conditions.

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Asked by chasenalex at 1:30 PM on Oct. 23, 2010 in

Level 1 (2 Credits)
Answers (7)
  • I don't think it's legal for either of you to do anything like that without notifying the other parent, but I don't know the law...

    Answer by JessicaB86 at 1:32 PM on Oct. 23, 2010

  • Rather it is legal or not is not really what needs to be addressed now. If he needs services, how can you get them reinstated as quickly as possible.
    Go to your home school and have this addressed.

    Answer by tootoobusy at 1:43 PM on Oct. 23, 2010

  • If you have joint custody then BOTH of you are to be informed about things like this. Legality is an issue IF the school now doesn't just want to just re-do the IEP... just say the other was not valid, ds is now out of compliance and do an annual and go on... maybe......
    In MY state... students above the age of 16 MUST be invited to ALL IEP meetings etc. BY LAW (even if the student has an IQ of 25 and the meeting was just to add nursing services ... Student MUST be invited /present -- yeah we were fined 15K for that slip up, we forgot to put him on the notification)

    Answer by MamiJaAyla at 2:36 PM on Oct. 23, 2010

  • Im not to sure with Kentucky Law but i know that with Joint custody both parents have a duty to inform the other of what they do with the child no matter the age.

    Answer by mommy2b924 at 12:27 AM on Oct. 24, 2010

  • Joint custody means BOTH parents have to be involved in decision making of major things and exiting an IEP would count as a major decision.

    Answer by tyfry7496 at 8:57 PM on Oct. 24, 2010

  • I think for something concerning your sons health and well-being, it should be a joint decision. Ask him why he felt it necessary to exit him from IEP.

    Answer by _Tam_ at 10:03 AM on Oct. 26, 2010

  • Probably not legal but it's been done. What is the/an IEP and does he want to be in it or whatever? He should have been consulted too at 17, or is this why they have now brought it up? Sorry, I am not familiar with all of this.

    Answer by txdaniella at 11:08 AM on Oct. 26, 2010

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