Here is a helpful link:
http://www.wrightslaw.com/info/child.find.mandate.htmBasically, what they are doing, is finding him ineligible for services without even addressing your concerns (and teacher concerns) by evaluating him. I guess if all of the teachers stated that there are no concerns, then you don't have a leg to stand on, but you have piles of emails and documentation stating otherwise. It's not just about standardized test scores (our sped director was obsessed with this as well), it's also about functioning in the school setting and how the disability impacts his work completion in terms of meeting deadlines, organization, ability to do certain assignments (you had mentioned concerns with his writing, for instance). If the disability potentially has an educaitonal impact, then they need to evaluate. They can't just look at his grades and say that they don't need to evaluate, because even students with passing grades can be eligible for an IEP.
You could rewrite what I just wrote to make it sound better, and send it back to them. I would talk to someone in compliance or your advocate first, though.
Another thing I want to point out, is it may be a worthless battle, depending on who made this decision. If the people who made the decision are also the people who would be evaluating, you know they are going to find him "normal" in the evaluation and if he does indeed have any problems, it's because of the "crazy mom". KWIM? Some hearing officers will order an IEE though, allowing the parent to bypass the inept and/or adversarial people in the school. You can find an evaluator who will go to the school to observe, test him, etc.
