Keep asking. And every-time you get a "No" answer ask them who above them makes those sorts of decisions. Then go ask that person yourself even if you have been told that the situation has already been presented to them.

Even if they insist that he has to retake the test there's likely no reason he can't, at least, take the test this summer. You just need to find the right person to give you a "Yes" answer.

Our experience with getting our son tested was that we talked to his teacher and were told that he was to young, we talked to the principle and were told that they didn't test until late 1st, early 2nd (he had just finished K). The principle claimed that he had asked the gifted coordinator and the elementary school curriculum coordinator. So I emailed the gifted school principle and asked for her guidance (even though he had just finished K and the gifted school doesn't begin until 2nd).

He was tested by the end of the week. A subsequent meeting with the curriculum coordinator and the gifted school principle ended with a grade skip and enrollment in the gifted school.

I often wonder what answer I would have gotten had I asked the curriculum coordinator myself instead of taking the principles word that the curriculum coordinator had vetoed testing so young. It's not that I don't believe that the principle talked to the coordinator but more that I feel the principles presentation of our request may have been very different than ours would have been.

I'd also advise putting your request for consideration for the gifted program in writing. Some states have laws that say they have to honor those sorts of requests in a certain time period.