Can I sue school district for failing to meet my child needs.

A diagnosis and an IEP does not excuse bad behavior that is not FORCED by the condition, not just that the condition makes more likely. In short, while in school he is expected to behave to HIS limits. Consult with an education attorney to see where the school has exceeded its rights and where it is within its rights. They will have to read the IEP and study the DETAILS of what happened. Not a "free general advice" possible answer

There are a number of issues, I will address the most obvious. If you have not already done so, I would suggest revisiting your son's Behavior Support Plan (BSP). There should be a BSP based on a functional behavioral assessment (FBA) to determine antecedents (triggers) that cause your son to act out. The fact that your son continues to have behavior issues in class suggest that a new FBA should be completed. If your son does not have a BSP than you need to ask that one be developed. If the district has not conducted an FBA - you can request an FBA in writing. They will either agree to perform the assessment or give you a prior written notice letter explaining "why" they are refusing. If the district has conducted an FBA within the past two years consider asking for an independent educational evaluation (IEE). An FBA is an assessment - you can ask for an IEE at public expense by disagreeing with the previous FBA in writing and making a request for an IEE at public expense. District will either agree to fund an independent FBA or file for due process to demonstrate that their FBA was appropriate. They can't simply say "no" or not respond. Questions to consider asking the district: What are the qualifications of your son's one to one? Is there a BSP in place? Was it based on an FBA? Is there a BID overseeing the implementation of the Behavior Support Plan? Best of luck. A knowledgeable attorney will review your son's records to determine whether an FBA has been done.