hmmm. In my current district (southern CA) you are supposed to be able to get an assessment done by the teacher k-2, even before official program starts in 3rd grade. (not as good as full-on testing, but maybe could help?) Did the psychologist say the no to something like that?

check your district web site. or see if the psychologist has some info on this

also, state guidlines are here http://www.cde.ca.gov/sp/gt/gt/