Thank you for those links!

I spoke with the head teacher of the Elementary school this afternoon after posting this. (Granted my son is in the High School, but she is a family friend and knows the district well.)

She confirmed that Nebraska does not state that gifted children can have an IEP, but that I can use his falling behind this year to push for assessment. Then I can follow that up with a request for an IEP. Other parents in the district have had to do this in the past, though she warned me that it made for a rather hostile situation between the parents and the principal afterwards. The principal sees an IEP request for a gifted child as an insult apparently.

Living in the middle of nowhere, we only have 2 other districts close enough to opt into should we go that route. After researching both online and speaking to the principals, it seems they are exactly the same as the current district.

I may have to consider taking them into Iowa (we are right on the border) and enrolling them in the private school I attended as a child. This will be an incredible cost to me in both tuition and gas for the drive in twice every day, but I am pretty much at the end of my rope and want better for my children.

(For those of you who might think I'm being a bit over zealous with transferring schools, this issue is not our only one with the district by far. They have many issues that they do not want to fix. Issues so bad that my children, who are very social, sometimes beg me to homeschool them...)