Some parents of special needs children are at odds with the state over where they can send their kids to school.

Whether parents are seeking a geographic execeptions or disagree over the learning plan developed for their child, coming to an agreement on the best place can be difficult.

Jason Elento is starting his elementary education. But finding the right school has been a struggle for his family.

"What I'd like for my son Jason is to be in a classroom where he can play,” said Linda Elento, Jason’s mom. “Developmentally he's closer to 3 and 4 years old."

He has Down Syndrome. The home school in his Kaneohe neighborhood set up a separate learning area and resources for him, but the family wants to send him to a different school.

"Just because my child is, quote, special-ed eligible doesn't mean that a parent shouldn't be able to have input in saying where our child goes to school," Elento said.

In denying geographic exceptions, the Department of Education concluded Jason's learning plan can be best carried out at his home school. The family is appealing that finding based on rules of priority in the state's geographic exception law.

"If you know what your child needs, you're going to have to start talking about it,” Elento said. “Start looking around and don't take ‘no’ or ‘this is the way it is’ as an answer."

For other parents who may be seeking an exception, the No Child Left Behind law also offers alternatives, and says:

1. All children, including special ed, must have chance to attend a school that has met Adequate Yearly Progress 2 years in row.

2. The district may, however, limit the choice of schools based on where they feel they can deliver the appropriate services. And the district superintendent has the final say.

But some parents hope their votes can carry more weight in that process.

"We're the professional mom and dad, and yes we do understand our child," Elento said.

The Hawaii Department of Education says every geographic exception and special needs case is different, and that they strive to make decisions based on what they believe is best for the child.

The Elentos and other families are pursuing their positions through a variety legal avenues and appeals.

If you have a concern or tip for Action Line, call 591-0222 between 11 a.m. and 1 p.m.