I would wait a few more weeks - and while I was waiting, I'd do a bit of research to find out what the gifted ID and gifted ed policies are in your school district, as well as collect samples at home showing what type of work your ds is capable of, and look for a listing of grade level curriculum benchmarks for your district to compare to your ds' current academic levels. Collect the data/etc so that when you've given the teacher a few weeks to assess all the children and come up with a game plan - if things still aren't working out then you'll have data to back up any requests you make.
The other bit of advice I'd offer up is you don't need to start by *demanding* anything - explain how your ds feels, show examples of his abilities, ask if the teacher can give him appropriately leveled work. If that doesn't work out - then turn in a written request for gifted program evaluation.
Best wishes,
polarbear
