FRUSTRATION AT ITS FINEST!

After speaking to my 3rd graders teacher and finding out that my daughter is performing below grade level all around; i thought it would be a good idea to talk to her Dad about it. Since 1st grade her performance has been below grade level...only i was told that i could not make the decision to hold her back because i didn't live within the school district. Her Dad would have to request it. So far he has refused to hold her back. This year is no different than the last two, except for the fact that she seems to be even a bit farther back on the scale now. I have a parent-teacher conference scheduled on the 21st of this month, i am going to ask once more for her to be held back. I don't see any other option. She already goes to the Learning Center 4 days a week at school for extra help but still remains behind. As the grades go up, the work only gets harder, which in my opinion will mean she will fall even that much farther behind. I know i'll be meeting a brick wall in getting her father to budge once again this year on holding her back. I think my only option now will be to go back to court and ask them for help with this. It just breaks my heart completely to know that her father can't see that by refusing to do this he is only hurting our daughter. I don't understand this way of thinking.