If the testing comes back with results you don't like, you have the right to tell them not to put it in his file. Testing a student who is having academic difficulty is the normal course of events - I don't know another route to go particularly as you've already hired a tutor.

Doing well in school these days involves more than just knowing the answers to questions. There's a rather large process to modern education. Even a student who might get 100s on every test might not get straight As if they don't bring homework home, do it and bring it back the next day. Homework has come to take on a life of its own in modern education and it's easily as important to success in school as is knowing the answers.
Schools can let you down though they never admit they are. Ultimately you care far more about your child than does any school - that's only natural. Schools have many children to watch over - always keep your guard up when dealing with a school.

Some things that might help would be a class website where the teacher lists the nightly homework. A 'homework buddy' might help your son - another child in the class who helps him to stay organized at school. You or the tutor going through his backpack with him every night to help him stay organized at home would be essential.

But you're really describing a cluster of problems - not just one and they all suggest a lack of focus. When asked, what does your son offer as an explanation for his silly behavior in school? And for his forgetfullness?

My own sons did have ADHD as well as learning differences and we got through it and got them through school but it wasn't always easy. Good luck to you and your son.

He is being evaluated by the school. Unfortunately, I'm not in a position to homeschool him. The IEP's that the school and I come up with are not at all effective. We've been doing this since he's been in the 1st grade. So in this case, what's next? Yes, the evaluation should be completed by next week. When the school tests him to see if he's eligible for special education, are they also testing for learning disabilities at the same time? Or is it something completely different that I need to ask for?

Thank you for your feedback.

Hello. As the parent of a teen who has ADHD as well as LDs, I would be very surprised if your son wasn't dealing with the same issues. I'm not sure what reason you say you honestly don't think he has ADHD, because so much of what you describe are "classic" behaviors of a student with attentional difficulties. Most, if not all, students with ADHD also have Executive Function difficulties, and again, what you describe are typical problems in the way of forgetting to bring HW home, not turning it in, etc.
You can learn more at sites like www.help4adhd.org

ADHD is considered a medical condition, and schools can't diagnose medical issues, but they can evaluate for suspected LDs. Approximately half of all children with ADHD also have LDs.

When you say that you are currently in process of having your son tested, is he being evaluated by the school, or by a private evaluator? When you get the results, if you would be willing to post them in Greatschools Learning and Attention Difficulties Group at community.greatschools.net/groups/11554, several of us can help you interpret the scores.

One-on-one, when a child isn't as distracted by other kids around them, it is easier to focus on homework, so I'm not at all surprised that working with a tutor is better for your son. If you're in a position to homeschool, that would be one way to address his needs, but if the testing that's being done shows actual learning disabilities, then the public school must offer FAPE (free, appropriate public education) and your son should have his needs addressed and remediation provided through an IEP (individual education plan.) First, though, it does sound like you really need to have the evaluation completed, so you know what your son is really dealing with.