We did not qualify for an IEP as our ds does not have academic issues.
This is frequently misunderstood and/or misrepresented. An IEP covers not only academics, but also functional skills, including social skills. I do not have time to give you the full spiel on this, but go to wrightslaw.com and type "functional" in their search box.
If the child does not have the functional skills to succeed in the school environment, the school has an obligation to that child. They should be providing services to remediate those skills.
I doubt our school has an social skills training they apparently aren't very adept at doing any type of extra help unless it deals with academics.
If they aren't currently equipped, that does not mean they are allowed to ignore the need. They can hire a Board Certified Behavior Analyst to come in and provide the service, at their expense.
I have a very strong suspicion that the class is at times very unstructured and that ds is allowed to get into mischief when he completed his work. They need to give him concrete rules to follow, and extra activities to keep him busy.
Sure, But ultimately, he will need (with support) to build the skill of being OK with having free time, and knowing how to use that time well, and not getting into trouble with his words. IME, this will require direct instruction in those skills.
