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You mentioned that your child attends a private school. In general a private school may set its own rules. You many wish to check any rules and policies published by your child's school (often found online and/or in a parent/student handbook) to see whether this circumstance has been addressed and a school policy developed. For example, what are the criteria to qualify for the gifted program?
Wrights Law is considered the authority on explaining laws regarding learning disabilities pertinent to public schools in the US. This quote is one of many pieces of information on their website which may be of interest to you:
IDEA '97 requires that, in the case of a child whose behavior impedes his or her learning or that of others, the IEP team consider, if appropriate, strategies (including positive behavioral interventions, strategies, and supports) to address that behavior [Section 300.346(a)(2)(i)].
