While RTI is the prefered modle in IDEA, that does not mean that schools never test for LD anymore. The can use any evaluation that is appropriate for the situation. It does mean that there are school district lawyers that have done seminars for administrators and staff and have told them that they "can't." I have seen that manuver...nice! Schools should, and do still evaluate for LD's after they have tried RTI. The preference was placed in IDEA to stop schools from manipulating the data of the descrepancy modle so they could deny intervention services. RTI has proved much easier for them to use for this end, unfortunately.
RTI works for kids who present in a particular area of learning, say, reading, and the IDEA preference is that schools provide serivices for the child as if they are learniing disabled, without testing them, such that they are remediated and therefore, never identified. In theory, that mean that children get dyslexia intervention programs wtihout being identified as dyslexic, but just having trouble with reading. I would be remiss if I did not point out that this is not happening in huge numbers all around the country, and I still know many parents fighting to get dyslexia intervention. There is no RTI for inattention at all.
If I am reading your post right, you are talking about quite difficult behavior that you beleive to be deliberate and you have rulled out the neurological issue ADHD with an evaluation. The focus problem is quite severe, and is not responding to repeated in class intervention inspite of additonal diciplinary concequences at home. That is how I am reading it, and your post sounds like you are having a big issue to me, so if you have exaggerated, please feel free to disregaurd what I am about to say. If it is not exaggerated, you may not want to ignore it.
If your son is in the first grade, and you have seen these issues in other situations, I would suggest that you really need a new evaluation for your son. I suggest that it be done as soon as posible by a Neuropsycholgist, and that you take that evaluation report to a board certified child psychiatrist. I would want to get a second opinion on your evaluation, having ADHD would be a lot easier issue to help him with than other issues if he is doing this deliberately.
If you have had and evaluation done by a neurpsychologist, or had a full evaluation by a Developmental Pediatrician that is about 15 pages long, you cannot say that he does or does not have ADHD. ADD no longer exists as a diagnosis, it is all ADHD of various types.. If you have this evaluation, and you have all the IQ, processing, academic, speech-language numbers, and they are all indicative that there are no issues, then you should probably explore a more indepth psychological evaluation for the cause of this behavior and resistance. Emotional issues can have impact as well.
Learning disablities can cause students to refuse to work, as can visual motor issues, sensory issues, and many others, in addition to ADHD. Giftedness, with a relative weakness in one or more processing skill areas can cause inattention and work refusal. All would be identified by a neuropsychologcial evaluation.
Do you have a bunch of pages of evaluation data in your evaluation report that ruled out ADHD that you can look to for answers? If you have those numbers, and you need help to sort them out, PM me, I would be happy to try and explain. Standard scores and subtests are really confusing if you have not ever dealt with them, and sometimes you really do not need to know what the "digit span" sub test means, but I can tell you. If you want to learn about it yourself, you can log on to www.wrightslaw.com and read the article Tests and Measurments for Parents and Advocates, it may help you sort out all the pages in your evaluation report. Again, if you don't have an evaluation, and focus, attention, behavior and work refusal is an issue inspite of significant and consistant dicipline and concequences, you really need an evaluation to determine why, if it is not ADHD, you need to know what it is, and a full evaluation will give you the answers you seek, most likely.
My experience is that most kids don't do this kind of thing on purpose, they please when ever they can, and they just are not that lazy. One book suggestion for you would be The Myth of Laziness, by Dr. Mel Levine.
I am suggesting a private evaluation, but that does not mean that the school is off the hook. You need it to keep the school honest, so that they do not pull the wool over your eyes like some are doing with RTI! Write to them about an evaluation for him, your teacher has already tried in class interventions, and they do not appear to be working. If he is just in Kindergarten, you will probably have to wait for first grade. Certainly, if this continues, you should seek more information as to why, it will help you target your intervention so that you are not stabbing in the dark.