I wouldn't say he has learning issues unless he has been worked with at home or you know the home situation. I know someone whose 9 year old couldn't read. They were in a custody battle that was terrible and the "mom" had "homeschooled" the kids. The dad was doing everything to get the kids out (and has since gotten sole custody) but it took working with her a LOT at home and at school to get her able to read and understand. She is in middle school now and still has a hard time spelling. Other than that she is a straight A student.
Not to say that many learning disabilities aren't present in many kids, but if they aren't getting any consistency or routines or even the parents don't have the knowledge to even realize there is a problem, then it happens all the time.
Good for you for caring! The best way to help a child in that situation is to read to them ALL the time. Let them hear your inflection and let them start to read along with you. Read short books, long books, and find things that interest them. He may be at home all night watching tv or playing video games and never been read to. That is so important. And, it is best to catch them before 3rd grade. Otherwise, it is so much easier for them to get "lost in the system."
And, it is really easy for people to say, "why hasn't that teacher or that school DONE anything?" but I promise you, a day's work at school can be EASILY undone at home if the parents are not concerned or consistent.
Good luck and I wish you all the best!! Being able to read is so important. Also, it is so important to comprehend.
Now, if you know all that I've said isn't true, and you have reason to believe that there may be a learning difficulty, I would say that if the school doesn't refer him, the mom will have to. :(