boomerang, it all hinges on this
whenever a public school fails to make a free appropriate public education (FAPE) available to a disabled child
The public school simply has to provide an appropriate
education for a child with certain special needs. But appropriate doesn't mean ideal, it really means very basic. It means the special needs are taken into consideration and addressed in the child's educational setting and plan.
Understandably, you want something more for your child.
I believe it's appropriate that Mo receive a quality education, not just be shoved through
But what the school considers legally "appropriate" and what you consider "quality education" may be quite far apart. The school does not have to provide "quality" in the form of top-notch education and support services that approach ideal conditions for your particular child. A public school is not obligated to provide such ideal conditions for any child.
That your child is still struggling and needs extra tutoring does not mean the school is not providing an "appropriate" or even adequate education. The child might still be struggling no matter what they did. And lots of children, without some sort of special need or specific learning difficulty, also need or benefit from private tutoring, and their parents can't claim that the school isn't providing an appropriate education. Some children need more additional assistance than others, and, beyond a certain point, it's up to the parent, and not the school to provide it.
What you have to do is to be very specific about the ways in which the private school could address your child's particular learning disabilities, and show that the public school is failing to do these things--you have to prove they are not providing an appropriate education for a child with that type of disability, and that the private school could do so. This has nothing to do with the extra frills a private school has to offer, it means the private school can meet your child's basic educational needs and the public school cannot. This is not an easy type of case to prove. I have known of parents of children with autism who were able to prove it and receive tuition reimbursements for private schools, but it was a tough fight.
It helps to connect with advocacy groups of parents who have children with learning disabilities similar to your child's. They are familiar with these battles.
You certainly should see the attorney you found who specializes in this area.
You have nothing to lose by trying to pursue this legally, and the lawyer can tell you if you have a legitimate foundation for a case.
Good luck. Keep fighting for your child.