The right to make education decisions, and to choose and enroll a child in school, is one of the most important rights in a Texas custody order. It may be shared, held independently by each parent, or held exclusively by one parent. When a child is neurodivergent, or simply struggling to read or focus, how that right is written decides who can act, and how fast.
General information about Texas law, not legal advice for your situation.
This article is part of our Texas Child Custody Order Checklist, a guide to the 15 things every Texas custody order should address.
Both parents usually keep access to information
Unless an order limits it, each parent conservator has the right to talk with teachers, attend conferences, and get the child's school records. Schools generally follow the order on file, so give the campus a copy of the relevant pages and update it whenever the order changes.
Requesting an evaluation for dyslexia, ADHD, or a learning disability
You don't have to wait for the school to act. A parent can ask for a Full Individual and Initial Evaluation (FIIE) at any time. Since House Bill 3928 took effect in 2023, a dyslexia evaluation in Texas runs through that same special education process (TEA).
The timeline starts when the request is in writing to the campus principal or the district's special education director (Texas Law Help):
- 15 school days: the district proposes the evaluation and asks for written consent, or gives written notice that it's refusing.
- 45 school days after consent: the evaluation is completed (absences can extend this).
- 30 calendar days after the evaluation: the ARD committee meets to review results, decide eligibility, and build an IEP if the child qualifies.
A verbal request doesn't start the 15-day clock. Always follow up in writing and keep a copy.
ADHD is diagnosed medically, but it can qualify a child for a Section 504 plan (accommodations such as extra time or preferential seating) or, if it affects learning enough, special education services.
Third-party observations: your strongest evidence
Clear, unbiased observations from people who work with your child carry far more weight than either parent's account, at school and in court. Teachers are a starting point, but they aren't the only ones. Consider anyone who teaches, trains, treats, or supports your child on a regular basis:
What makes an observation credible:
- It's neutral. The person works with the child, not for either parent's case. Observations from a new partner, a grandparent, or a close friend are usually given less weight.
- It's factual and specific. "Needed three reminders to start each assignment in September; one reminder by December" beats "he's doing better."
- It's made at the time. Progress notes, session reports, emails, and report cards written in the moment carry more weight than a letter written for court.
- It covers both homes fairly. A tutor who notes homework is consistently incomplete after certain weekends is useful; one who takes sides is not.
How to gather it without putting anyone in the middle:
- Ask for routine progress reports, session notes, and emails, not letters "for your custody case."
- Keep report cards, benchmark results, tutoring reports, therapy notes, and coach feedback in one folder.
- Track patterns across both homes: homework completion, missed sessions or practices, tardies.
- Talk with your attorney before asking anyone to write a letter or testify. People who work with children want to stay neutral, and pulling them into a dispute can damage a relationship your child depends on. Records can often be obtained by subpoena or records affidavit instead.
For a complete guide to what to keep, from conference notes and homework logs to evaluation feedback and expert reports, see 3a. Documenting school involvement.
Co-parenting issues to watch
- Who signs consent? If education rights are exclusive, that parent signs. If shared, check whether your order requires agreement. A parent who blocks a needed evaluation may be acting against the child's best interest, and that can matter in a modification.
- Invite both parents to ARD and 504 meetings. Children do better when both homes use the same accommodations and homework routines.
- Private testing. An outside evaluation can be faster and more detailed. Decide in advance who picks the evaluator and how the cost is split.
- School choice. Changing schools, transferring districts, or moving to or from private school usually requires the parent holding the education right, and a move may be limited by a geographic restriction. If your child already attends private school, see the next section.
- Homework across two homes. Agree on where assignments, books, and devices travel, and use the same online portal logins.
When your child already attends private school
Divorce changes a family's finances, and private school is often one of the first expenses questioned. But for many children, and especially for neurodivergent learners, staying in a school that works may be the most stabilizing thing parents can do during a hard transition. The question isn't just whether one parent prefers private school; it's whether this school is right for this child now.
What courts and parents weigh:
- Stability. A child who has attended the same school for years keeps teachers, friends, and routines when everything else is changing.
- The child's needs. A smaller class, a specialized reading program, or a school designed for learning differences may be meeting needs a public school would have to address in other ways.
- What the parents agreed to before. If both parents chose private school during the marriage, that history matters.
- Ability to pay. Continuing private school has to be realistic for the family's finances after divorce.
- The public school alternative. What services, IEP or 504 support, and continuity the assigned public school would offer.
Support is part of the equation. Texas guideline child support doesn't automatically include private school tuition, but that doesn't mean tuition goes unaddressed. A court may consider private school as a special or extraordinary educational expense, particularly when it meets a child's specific needs (Private School Tuition After Divorce in Texas), and in higher-income families tuition can be part of the case for support above the guideline amount (Child Support in Texas).
There's more than one way to pay for it. How tuition is handled should fit the family's actual finances, not a default formula:
When one parent never worked outside the home. A parent who stayed home to raise the children, often for years, may not be able to contribute to tuition right away, if ever. In that situation, the parent with the income typically carries the tuition, and the rest of the divorce matters too: the property division, any spousal maintenance or agreed alimony, and a realistic timeline for the other parent to return to work all affect what's fair and affordable. Private school shouldn't be the reason a stay-at-home parent can't keep a stable home for the children.
If private school continues, spell out in the order:
- Which school, or how a future school will be chosen, and who has the final say.
- Who pays tuition and how (one parent, in proportion to income, from set-aside funds, or another option above), and whether it's paid directly to the school or reimbursed.
- What's included beyond tuition: registration, books, uniforms, technology, testing, tutoring, field trips, and required fees.
- Deadlines for re-enrollment decisions and payments, so a seat isn't lost.
- What happens if a parent's income changes significantly or the school no longer meets the child's needs.
If private school wasn't addressed in your decree, it may be possible to add it through an agreed modification or, when circumstances have materially changed, a court-ordered one. For other costs outside guideline support, see our article on tutoring, club sports, and college.
Frequently asked questions about Education Decisions in a Texas Divorce
How do I request a dyslexia evaluation at a Texas public school?
Send a written request to the campus principal or the district's special education director asking for a Full Individual and Initial Evaluation. The district then has 15 school days to respond.
Can the non-primary parent talk to teachers and see school records?
Generally yes. Unless a court order limits it, each parent conservator has the right to information from the school, including records and teacher conferences.
What is the difference between a 504 plan and an IEP?
A 504 plan provides accommodations, such as extra time or preferential seating, for a child whose disability affects school access. An IEP provides specialized instruction and services for a child who qualifies for special education.
What if my co-parent refuses to consent to special education testing?
If the other parent holds the exclusive education right, their decision generally controls. If the right is shared, a disagreement may need a parenting facilitator, mediation, or the court. Keep teacher documentation of the child's needs.
Can my child stay in private school after a Texas divorce?
Maybe, if the parents agree or a court finds it's in the child's best interest and financially realistic. Stability, the child's learning needs, and the parents' prior agreement all matter. Tuition isn't automatically part of guideline child support, so the decree should say who pays and how.
Does a private evaluation replace a school evaluation?
No. The school must consider an outside evaluation, but it still conducts its own to decide eligibility for services.
How The Ashmore Law Firm helps
We draft education provisions that match your child's needs, including who consents to evaluations and services, and help parents resolve school disputes before they reach a courtroom. Call for a confidential conversation with our family law team.
Related: ADHD medication and medical decisions · What travels between homes · Back to the Texas Child Custody Order Checklist
