OK now the next step that some here may disagree with: if it is supposed to be scribed and it isn't he does not do the assignment. Period. No asking for it. No reminding them. If his hand hurts he stops.
I don't know how your DS's anxiety shows itself but my DD would shut down or develop somatic complaints. I made clear to her she would *never* be in trouble for not completing work at school. Again if you have blank pages there is evidence that scribing was not provided. Trust me if they provide a scribe and he refuses to answer THEY will document this so a blank or partially finished page is solid evidence.
Does your IEP designate a specific number of words, lines or sentences he is allowed to write without a scribe? Does it identify when he *can't* be expected to write it himself? Does it specifically state he is not to be expected to ask for the accommodation? DD's teacher last year thought for sure she was helping by telling DD "Do as much of it as you can yourself before you ask for help." They were telling me how great it was that DD was *able* to write more than I thought she was able to. Yeah and then the migraines, the shutting down and the school anxiety ramped up big time. She became even more aware of her weaknesses and wanted to badly to be like the other kids. Teacher never understood that requiring DD to work to the point of failure or fatigue was not good for her.
If OOD is your goal then your response to this situation has to be one that gets you there. Some of it may seem counter intuitive. You want him to succeed. You want him to learn. You want his time in school to be well spent. Sad to say all these things make getting OOD more difficult. Like the family that spends thousands of dollars on tutoring so their child can pass by the bare minimum and is then denied services because he is not testing below grade level. You need to let him perform at his *actual* level - not the level he fights for by asking over and over for supports that aren't being automatically provided. It's hard but to qualify for OOD you have to be prepared to stand on the sidelines and watch him fail. It's gut check time on this one. We get so used to advocating that it is hard to watch them suffer but in my experience its a necessary step in the process.
