I work on a school child study team (the team that evaluates children and considers if they are eligible for special education services). It is your legal right to request that your child be looked at by the child study team. You do not need to demand anything...simply write a letter to your school principal requesting that your child be evaluated by the child study team. In the letter outline your concerns and make sure to include your son's diagnosis as well as any treatment you are currently doing for him. ****In the letter you MUST clearly state that you are requesting for your child to be evaluated by the child study team.****
Please note that the child study team (CST)is not required to evaluate your child because of your letter. However, they are, by law, required to call a meeting to discuss your concerns. This is called an evaluation planning meeting. At this meeting you will meet with the CST (school psychologist, learning consultant, social worker and sometimes speech therapist). Your child's teacher will also be invited to attend. You will discuss your concerns and the teacher will be asked to share how your son is doing in class. The CST will most likely have already reviewed his standardized testing scores (for example, is he proficient or partially proficient on the NJASK) and report cards. At this meeting the team will determine whether or not an evaluation is warranted.
Please also note that a diagnosis alone of ADHD does not automatically make your child eligible for special education. The CST will need to be able to prove that his diagnosis of ADHD significantly impacts his learning.
The process can be long and confusing. So, please make sure that you write the letter as soon as possible. The CST has to meet with you within 20 school days from the receipt of your letter.
Also, at the initial meeting, make sure that you get your Parental Rights Handbook and also ask for a copy of the NJ Code. This will outline your rights through this process and the NJ Code will be able to show you the eligibility categories.
On a different note, if special education is found to not be necessary, but you still feel that your child needs modifications in school you could look into how to get him a 504 Accomodation Plan. This is a legal document that would outline modifications (i.e. more time to complete assignments, directions broken down in to smaller steps, seating closer to instruction, standardized testing in a smaller room, etc.). It is NOT special education and therefore does not include instruction by a special education teacher. Getting a 504 can also be difficult as the 504 Committee would also need to prove that his diagnosis of ADHD significantly impacts his educational performance.
I hope this information helps. Good luck.