Cola - can you change schools, or even homeschool the rest of the year? It sounds like the school /class is a very bad fit for you and your son. Gifted issues aside, you need to know he is safe and if you aren't getting that reassurance you need to look elsewhere. As you have a history of combatance with the teacher and suspect retaliation I don't think legal recourse is going to do anything except make your sons life miserable, there may be an innocent explanation - perhaps the teacher told your son and he forgot, is that plausable?