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Parents claim state pick a school law has failed their special education child

Nease High School in St. Johns has a large population and it is in one of the state's high achieving school districts.

JACKSONVILLE, Fl -- Nease High School in St. Johns has a large population and it is in one of the state's high achieving school districts.

Kristi Cantrell's son Alex is a junior at Nease. He is an ESE student earning his grades; an 83 in history, 73 in geometry.

"He has been in the St.Johns School district since 2007 and there's never been an issue," said Cantrell, then all of a sudden we are being informed he can't go here."

Cantrell moved from St. Johns County in March 2016 but never filed a change of address.

She did not believe it would be a problem because at the same time Florida's Open Enrollment became law.

It is commonly called the Pick a School law. It removes the traditional boundaries and allows students to attend schools in other districts as long as the schools are not at capacity.

"Last Wednesday they told my ex-husband Alex cannot no longer attend Nease," said Cantrell, "everyone is surprised."

Cantrell said she would like her son to earn his diploma at the school he's attended for the past four years.

"He's had all his friends that he's had for 11 years over at Nease High school and now he's having the carpet ripped out from under him," she said.

Cantrell said she appealed under the open enrollment law but has had no success.

"Their ESE program over there is top notch they have so many avenues for him to be successful," said Cantrell, " someone suggested he can attend technical school."

He does not want to attend a technical school, she said he wants to finish at his current high school. The family considered moving him to a private school but said even with the state's McKay Scholarship the cost too much to bear.

"The pick a school law has failed us," said Cantrell.

If nothing changes Friday will be the last day Alex can attend Nease High school.

On Your Side contacted the St. Johns County School district for alternatives and so far no response.

The Florida Department of Education provided this statement on the law and how it works.

House Bill 7029, which was passed during the 2016 legislative session amended the controlled open enrollment statute (Section 1002.31, Florida Statutes), to require each school district and charter school to adopt a controlled open enrollment policy that allowed a parent from any school district in the state to enroll his/her child to any public school that has not reached capacity. Each district and charter school are responsible for determining capacity at each of their schools. The law further provided that students who resided in the school district could not be displaced by an out-of-district student.

The controlled open enrollment policies are locally created and implemented. The Department of Education does not have the authority to review or approve the policies, nor is there any type of appeal process to the Department. However, each district’s policy must include an appeal process for hardship cases. For more information, please visit our website: http://www.fldoe.org/schools/school-choice/other-school-choice-options/controlled-open-enrollment.stml.

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