You do not have to accept this, you can sign the form saying "I don't agree" and take them to mediation or due process. Then they would have to prove why they are in their right to not do an evaluation in front of a hearing officer (and will probably come off looking ridiculous). What you "should" have gotten is a "Prior Written Notice" there should be a box to allow you to disagree with their "proposal" to do nothing.
There is a note at the bottom of the Notice of Action stating to contact the processor immediately if I have any questions or object to the action, but what would I even say? WTH is all I've got, really, and that would probably not be persuasive.
It's possible you can also file a formal complaint, stating that they are violating child find by refusing to evaluate a student with a known disability (they are supposed to evaluate even if a disability is "suspected", so I don't see how they can claim no disability is suspected, if you already have an outside report with diagnosis codes!)
I think they can say they don't suspect an "educational disability," can't they? My understanding is there is a difference between a medical diagnosis and an educational one.
If it's any consolation, my wife and I are both missing sleep over having to deal with calls and emails from the school about DS's behavior, shepherding him through the excessive nightly homework assignments, talking through his anxiety issues, and the overall stress of the matter.
It's consolation in the "misery loves company" way. I hate this for all of us, especially our children.
But you are doing what's right for your son and that's what matters. Fighting the good fight is not easy but it is the right thing to do, always.
I feel like the fight is all worn out of me.
