The answer depends on whether you and he have shared parental responsibility and also if in your parenting plan, one of you has the ultimate authority over your child or children’s academics. Generally speaking, if you have and your former husband have shared parental responsibility, you are required to at a minimum consult with him prior to engaging the testing to determine whether your child is eligible for the program. Even if later in your parenting plan, you are designated with the ultimate decision, you still have to include him in the determination process.
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