Give them a written request for an evaluation for an IEP or 504 plan and include a statement that you are granting your permission to start the evaluation process. This will start the clock. Go to these places for tons of info on your son's rights:
http://www.ed.gov/parents/needs/speced/iepguide/index.html
This one is specific to the laws in Texas:
http://www.tea.state.tx.us/special.ed/rules/pdf/sbs2004.pdf
May I ask, does ADHD qualify him for a 504 plan since he is diagnosed with ADHD which is considered I believe to be a disability?
If so, you may want to inform the school, and bring in the written diagnosis. I would go to the special education department. My son doesn't have any learning disabilities, however, he does have special provisions for testing. He does have an iep for speech and ot services he got back in preschool for the start of elementary school.
I spoke to an advocate (in Ohio) that told me I should get a letter from an M.D. that laid out my son's :
diagnosis the date of the diagnosis the characteristics of ADHD that he exhibits list the med(s) he is on list the possible side effects of those meds and a statement that the meds are not 100% effective, they are there to assist him and will not cure the disorder. It should include the statement that as he grows and goes through puberty, there may be changes neededShe (the acvocate) said that you also need some documentation showing the difficulties your child is having relative to the ADHD. So you need to get these transgressions in writing, preferably from the teacher. The forms that the teachers fill out for med checks are great. Grade cards and progress reports where comments have been made...("Johnny has difficulty waiting for his turn to speak, and staying seated when appropriate") are good because the school cannot argue with their own documentation. You can also email the teacher and say something like: "I understand that Johnny was kept in for recess today because he ____________". Do this each time he tells you that it happened. Hopefully she will then respond with her reasons as to why she kept him in. Save all of those emails and put all of this into a folder or notebook.
I am not sure about Texas, but it is probably similar. Hope that this helps.