Both side needs supporting document concernong the child Mom will need school report cards and evaluation that states hes doing good in school and you will need documentation from the school that will support hes not doing as well as he can and explanation what he needs, But just to let you know, No schoolis going to say that they cannot provide a child with education because by law the school is suppose to get whatever program needed for everychild.
My husband’s son lives with his mother. He has been diagnosed with “Delayed Learning,” has ADD and is 90% deaf in one ear due to a childhood illness. He attends public school and has special resources there, but it is not enough and the public school cannot cater to his needs for smaller classroom and instructors with very specific degrees to assist him. Back in 2001, his mother and father had him evaluated. His father and I have had him re-evaluated in 2006 with the same results. They recommended the Fletcher Academy. In 2001, his father and mother visited the school that was recommended, but due to the cost factor ($14K/yr), the mother was not interested, embarrassed and did not want anyone to know of her son’s disability. She has kept him in public and since his father does not have custody it is difficult to get the child to understand the seriousness of this. The long and short is this: His mother wants nothing to do with his receiving the best opportunity or the best chance to graduate H.S. He did not pass the EOG from 6th to 7th grade and she begged for a waiver and got it. He passed the reading for 7th to 8th EOG, but the jury is still out for the Math portion. His father wants him to have whatever opportunity is out there so he has a chance at the real world. Would we have a fighting chance, if we took the mother to court to make her take the child to this school?