I am unfortunately having to take my school district to court to resolve a conflict. I took all the necessary steps to avoid it, but this is where we are. I sent a courtesy email to the Superintendent today informing her that I was initiating Due Process Hearing. I thought I'd share the email here in case any of you find it helpful.
**NOTE this is not for my 22q son, however the laws still apply.**

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Mrs - (Superintendent)

This is a courtesy email to inform you that I have been unable to resolve a conflict regarding my son, XXXXX, a 3rd grader at XXXXX Elementary school. Due to the District's continuing refusal to abide by the Federal and State law, I am initiating the Due Process hearing under 43 CFR 300.507 and filing a State complaint under 34 CFR 300.153.

My reason for this unfortunate step is that the law states "it would be inconsistent with the evaluation provisions at 34 CFR 300.301 through 300.111 for an LEA to reject a referral and delay provision of an initial evaluation on the basis that a child has not participated in an RTI framework." The District has clearly stated to me in writing on 10/15/2013 that my request for an evaluation of my son is denied because " has not been referred to the Intervention Assistance Team" and "because the IAT process is the beginning of the evaluation process."

Since the District's stance is in clear violation of the law, I have no choice but to initiate legal complaints.

I have the appropriate forms and will be submitting them to you and to the State on Wednesday October 23, 2013. I regret that I have to take this step, however the law provides this recourse for settling disputes, so I intend to exercise my rights.

If you would like to discuss anything with me, I can be reached at XXX-XXX-XXXX.

Thank you,
Samantha Block

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After I sent this email (which was not required, I did it out of courtesy), I went to my state's Department of Education webpage and found the forms for initiating a Due Process Hearing. They were very simple to fill out. I have completed the forms and have all the backup documentation (my initial request, their refusal, my emails back and forth to them after the denial, and a copy of his intervention plan) Tomorrow I will go to the District office, make a copy and give it to the Superintendent, then fax a copy to the state (I'm going to try to use the District's fax machine even, not sure if I will be allowed to or not, but I'm going to try!)