deborah: The student failed K, failed 3rd grade last year and is failing 3rd grade again this year. The school district refuses to evaluate the student for a disability and potential IEP because she misses too many days every year. Can they do that? What about child find laws?
You have the right to complain to the state education agency that the district is not meeting their child find obligation by not evaluating her. Your state parent training & information project can give up support & help. http://www.parentcenterhub.org/find-your-center/