Mother appeals court ruling to send children to public school

This case stems from an appeal from a divorce proceeding in which the couple disagreed about who should have the authority to make educational decisions for their children. 

The final decree of divorce appointed both parents as joint managing conservators and gave the mother the exclusive right to make educational decisions. The father filed a petition to modify the decree. 

At the time, the children were in second grade, attending a Christian school. Following a trial, the trial court signed an order that required the mother to enroll the children in public school and stated that she could not homeschool them or enroll them in private school. The parents were both given the responsibility to ensure that the children attended school.

The mother appealed this decision, arguing that the trial court abused its discretion by finding that the children must attend public school. 

In reviewing the decision, the court of appeals noted that the trial court was charged with determining what was in the children's best interest. 

At the trial, witnesses testified that the father had concerns that the school the children attended was not accredited by the state of Texas, that the teachers there were not certified by the state, and that the children were not progressing as they should. 

An assessment of the children conducted at the Kumon Math and Reading Center indicated that they were about a year and a half behind academically. At the time of the assessment, the children were halfway through their first-grade year but were performing at a "beginning of kindergarten level." 

The father was also concerned about how the school addressed cases of sexual misconduct by its teachers. He testified that the private school attended by the children was not forthcoming with information to him or welcoming to him, and he believed he was treated differently by school personnel because he was not a member of the church affiliated with the school.

The trial court also heard testimony supportive of the children's school from the mother and from the principal of the school.

After considering all of the testimony, the court of appeals concluded that the trial court had sufficient information upon which to exercise its discretion. 

Among other findings of fact and conclusions of law, the trial court found that the children's "reasonable minimal educational needs are not currently being met" and that they were "likely substantially behind comparably aged children." It also found that the private school attended by the children had "no 'teachers' that are certified by and through the state of Texas as educators, and only one person on the school's staff is a licensed educator. 

Because the trial court had enough information to support its order, the court of appeals upheld the decision to require the children to attend public school.