Hi Jool,
I am a teacher in a large district in which GT falls under the special ed. umbrella - so our kids are protected by the same laws that protect LD and MR kids. There was a student last year whose mother had her tested, and she came out at the 82nd percentile. Despite that fact, the mom REALLY wanted her placed in a gifted program (one of those parents who wanted to tell her friends that her child is "gifted"), so she threatened litigation if the school chose not to place her. After much discussion, the school decided not to fight it, and the child was placed in a gifted pullout program.
What I'm trying to say it that, even though this child clearly didn't need gifted services, the school chose to go with the wishes of the parent rather than pay expensive legal fees to fight it. Sometimes even the threat is enough - especially considering the state of district budgets these days. Perhaps all it will take is for the school to know you're serious about getting your child's needs met, and that will be enough. At least around here, administrators jump whenever anyone mentions litigation!
p.s. Incidentially, this girl really floundered in the program - was always well behind what the other kids were doing, and her self-esteem plummeted. We talked her mother into pulling her at the end of the year, as even she could see the damage she was doing!
