Did you put in a written request for a comprehensive eval? You can detail your concerns in this letter. Put in specifics about how you think that his educational performance is being impacted by a suspected disability. I would address it to the district special ed director. Make a copy and see if the secretary will date stamp it as received and make a copy after it's date stamped. They HAVE to respond (within a certain number of days like 10 or 14). Put in your letter that you are requesting a team meeting to discuss your concerns. If they refuse to evaluate him, they need to send you a prior written notice stating that they are not going to evaluate him for X, Y, and Z reasons. If they don't do this, then they are in violation. If they refuse to evaluate him, you can go to due process. Of course, all of this becomes very adversarial and I would try to get them to look at your independent eval before you resort to any of that. We are in a ridiculous district as well and they don't seem to understand or care about even basic laws/mandates. It has been a huge source of frustration.
(google "child find mandate" to get more information about school districts needing to evaluate students with known or suspected disabilities).
