Kerry- check and see if it's an actual restriction or if it's a funding issue. In CA, it was a specialized funding category and if you had 20 or less, the school got extra funds. When this was the stumbling block to DS's skip, we researched and found out we were talking about less than $1,000 the school would lose by moving him up to 2nd. We offered to pay the difference and the school ran out of arguments quickly.

Not everyone has the option of paying it, but for us at the time, it was an option and far, far cheaper than private school.