A Colorado 8-year-old with disabilities is at the center of a dispute between her parents and school officials over whether or not she should repeat kindergarten for the fourth time.

The girl, Emma Holmes, has cerebral palsy and is not able to see, walk or talk. Her parents insist that kindergarten is the best place for her because she’s happy there interacting with the other young children.

But her Fort Collins, Colo. school district says it’s time to move on and they want the youngster to enter first grade.

Now the two sides are bracing for a legal battle. Emma’s parents, Stephen and Heather Holmes, say they are prepared to file suit to keep their daughter in kindergarten, a move they took last year when the district took a similar position.

Since the Holmeses don’t expect any dramatic changes in Emma’s abilities, it’s unclear how many years they will want their daughter to remain in the same grade, reports KDVR, the Denver Fox affiliate.

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