Have you checked out the educational laws in your state? Many states have gifted ed mandates incorporated into their regulations for special ed. While I am generally a firm believer that you get more flies with honey than vinegar, it sounds like honey hasn't worked so far in your case. If your kid isn't get any meaningful benefit from school (i.e., learning) you may have to fight for an appropriate education, as daunting as that sounds. Perhaps you could try to find a special ed advocate to help you. Many work for a small fee or pro-bono.