Momma, I think you should look at your state's standards for giftedness, and what they recognize. In our state, it's spelled out by the State Dept. of Education that they recognize particular tests, and the state's official threshold for gifted is specified. Here it would be illegal for them to not identify a child as gifted if the child passes the threshold. They also cannot stop a child from receiving gifted services based on a disability alone: it's illegal here under state law. (Is the disability documented?)

HOWEVER: I can see where they feel it is logical to have a social skills standard for early kindergarten placement: the child has to be ready to do kindergarten, not just ready to do the academic part of kindergarten. You also surely don't want him placed in a classroom where the teacher isn't prepared to handle his behavior and yells at him all the time.

Have you visited the classrooms, and do you know that your DS would do well there? If you have evidence that your child does well in a real classroom setting (not the testing chaos), bring it to their attention: a recommendation from a preschool teacher or someone analogous would go a long way here.

I think you should find out more about what the school's and the state's written standards are, and see what you can use to build your case.

DeeDee