Answer:
The school system is REQUIRED by Federal law to provide your child a full and comprehensive evaluation. They are violating federal laws by claiming they can't determine if your child has a learning disability.. It is simply a delay tactic!!
You can learn about your child's rights under IDEA (Individuals with Disabilities Education Act) -- See www.ideapractices.com -- and your child has federal special education rights. I would recommend becoming knowledgeable about Federal IDEA laws and trying to stand up for your child's rights. There is an online free IEP training course at http://www.learningabledkids.com/IEP_training/welcome.htm which will give you a good overview.. I'd also recommend checking out http://www.fetaweb.com/ (From emotions to advocacy). You will HAVE to stand up for your child's rights and educational needs.. Otherwise, it looks like the new school district is likely to walk all over your child's rights. :-/ (been there, done that)
I am a trained advocate.. And I'd suggest you contact a the
advocacy agency in your state and get help-- You seem to have
legal grounds, particularly if you can get them to put that
in writing. Write them a note (YOU MUST document the paper
trail in writing) stating you don't understand why the special
education teachers can't make the determination that your
child has a learning disability because IDEA requires that
they provide comprehensive evaluations.. Then say, if they
can't.. You'll seek a private evaluation at THEIR expense!!
You can go to this site:
http://www.parentcenternetwork.org/
and click on your state / region to find out the agency who
will help you with this matter-- These are federal agencies
who are paid for with your tax dollars and who will help you
get the services your child needs!!
BEST
Wishes!
Sandy