Boy can I relate. My son's been labeled as ADD or ADHD by "friends" ever since he was 2 or 3. His kindergarten teacher wanted to put him in in a special education program because he wouldn't sit still (He was doing work he did when he was 3). This year his teacher, that I really like, let him stand up as long as he wasn't being disruptive. The school called in a physical therapist for the class in general (I'm not sure if this is normal). The PT noticed that several kids got up a lot and suggested the children wear backpacks weighed down with books or soup cans to keep the kids in their seats. Then she mentioned some rice filled snake-like things to drape over the kids shoulders or put on their laps to weigh them down. I MADE THEM!!! I was concerned that my kid wouldn't stay in his seat and I was worried that next year's teacher wouldn't be so accomodating. I've since started to homeschool my son since I witnessed first hand that he gets up when he's done with his lessons a full hour or more than the rest of the kids.
The lesson I learned is stop trying to conform the kid and try to see what he's capable of.
