When your child has a big red X on their forehead - what do you do??

If your son's only classification is gifted, you will have to look at state regs since gited is not covered by any federal protection. You must look at your state's rules and regs to see if ADHD can be a reason for an IEP. If you can get an IEP through the ADHD route, you will have more power and protections under law. If an IEP is not available, ADHD can get a 504 plan.

great link healthy11, she can also use a legal aid attorney in her area to help her find an attorney that specializes in educational discrimination, even if she doesn't qualify for free legal assistance they can help her find an attorney in her area by referral through a list of attorneys they keep that deal in specialized areas such as this. she can also try the justice department child advocacy center in her area by going through either the department of human services or the juvenile court clerk. another avenue might be the aclu or a disablity attorney. I'm not sure if this qualifies as a civil rights violation but it certainly seems it might come close enough for an organization like this to take an interest. Also contact a state or federal representative regarding the no child left behind acts and the special rules about public schools that receive public funds and any school that doesn't adhere to them risks loosing federal funding. It has several sections specifically about special educational needs. Unfortunately the state school board doesn't take an interest in the daily activities of public schools, though I also had to ask them why not. There is no reason why the school should refuse to evaluate the child through an iep. Just because the kid is smart doesn't mean he doesn't have special needs. With the proper documentation she may have the beginnings of a law suit on her hands.

disgusteddad, it sounds, from FedUpMom's original posting, that she has already had her child evaluated for learning and attention difficulties by private professionals (pediatricians aren't generally qualified to evaluate for LDs) and yet her school is denying their recommendations for an IEP.
She might try finding a special education attorney or advocate from www.copaa.org/find/index.php

Take your child to his pediatrician and have him evaluated for learning disabilities, adhd etc. then take the evaluation results to the school board district representative and demand an iep evaluation. It is illegal for them to refuse to evaluate him for special services even if it is apparent there is nothing wrong with the child. I would call a lawyer, this school is in violation of several federal laws regarding special services. good luck