I am not an ed. advocate but I thought that had shifted somewhat in 2004 when IDEA was recertified (and I get confused because writeslaw still has articles from the past version as well as the new one), but any denial in writing can be appealed and on writeslaw they talk about getting an independent evaluation done when you disagree. Since the evaluation did not address the concerns (not a full evaluation then) and there is continued negative behavior management along with an identified problem/disability (if I understand dad correctly) then there are still channels to be explored. And any request does have to be responded to. 2004 changed things a little and said that thru child find they must do the appropriate testing and that referral can come from a parent too. To avoid the behavioral pieces is not ethical. I would appeal and ask for an independent evaluation at the school districts expense. Just my opinion and you need to ask someone in the legal community to make sure.
also from writeslaw:http://www.wrightslaw.com/info/test.force.school.htm
It seems like they did not do the behavioral part of the evaluation but of course I have not seen it and I am not a lawyer so in your case I would absolutely hire a lawyer, she has a long way to go in school and she is missing a lot of it for the behavioral methods being used.
