The short answer to your question is maybe, but not with any chance of success until after you have exhausted administrative remedies with the state Department of Elementary and Secondary Education.
You need to hire a lawyer or two for your son - criminal defense attorney with experience in juvenile court and a special ed attorney to help you figure out if there are avenues to appeal the school's decision that he is not eligible for an IEP.
If you cannot afford an attorney, one will be appointed for him in juvenile court, once the assault and battery charge gets there. If your income is low enough, he might be eligible for help on both the school and delinquency defense issues from the Children's Law Center of Mass. in Lynn.
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