They say there is no reason to evaluate him.
It'll help if we know if the refusal was put in writing from the sd to you. If it was verbal, it is a non-compliance issue.
From US Dept of Education (Fed Regs)
"
If, however, the public agency does
not suspect that the child has a
disability and denies the request for an
initial evaluation, the public agency
must provide written notice to the
parents, consistent with § 300.503(b)
and section 615(c)(1) of the Act, which
explains, among other things, why the
public agency refuses to conduct an
initial evaluation and the information
that was used as the basis to make that
decision. The parent may challenge
such a refusal by requesting a due
process hearing, but the timeline for
conducting the evaluation does not
begin prior to parental consent for
evaluation
..
Comment: A few commenters
recommended that the regulations
clarify whether a public agency has the
right to deny a parents request for an
initial evaluation.
Discussion: The regulations are
sufficiently clear on this point. Section
300.503(a), consistent with section
615(b)(3) of the Act, provides that a
public agency may refuse to initiate or
change the identification, evaluation, or
educational placement of the child, or
the provision of FAPE to the child, if the
public agency provides written notice.
This includes situations in which a
public agency wishes to deny a parents
request for an initial evaluation. The
written notice must meet the
requirements in § 300.503(b). Thus, for
situations in which a public agency
wishes to deny a parents request for an
initial evaluation, the written notice
would provide, among other things, an
explanation of why the public agency
refuses to conduct an initial evaluation
and the information that was used to
make that decision. A parent may
challenge the public agencys refusal to
conduct an initial evaluation by
requesting a due process hearing."
I recommend that you send another request using the format at http://www.conductdisorders.com/com...a-formal-request-for-iep-re-evaluation.22433/. It is VERY IMPORTANT to stay off the phone and send the letter via certified mail.
You can edit out the Parent Report info and submit it at a later date. It's important to retitle it Parent Input. They must consider "parent input" in the evaluation.
If you have notes from the teachers regarding behavior, hang on to them. If you don't have a log of contacts from the school (formal or informal), start one. It's more common than you may think for teachers to beg a parent for help, but their hands are tied by the district, and when you get into a meeting all comments are rosy, just "typical behavior," etc. You may need documentation to counter such sd maneuvers.
With this school district, you're probably going to need documentation. It's best to work on the premise that "if it's not in writing, it didn't happen." In the event you have to file a Complaint or go to Due Process, documentation will come in handy.
Finding a good advocate is a great idea.
Welcome to the site!
