You might consider talking with an educational advocate who can give you the lay of the land locally.

The school psych can tell you that about the diagnosis-- but it's not a legally correct or defensible position. Getting familiar enough with the law on your own to fight them on this is probably unworkable (unless you just happen to be an attorney). But finding someone with expertise who can guide you can be well worth it. I took that route when the school didn't want to help, and it was very effective for us.

DeeDee