syoblrig-
This has to be very frustrating. Who have you met with? Do you have a full report for either the private eval or the school eval? Is there someone you can hire to be an advocate? It sounds like you may have to take things to the next level to get an appropriate education for your child. Other people here know much more than I do about the legal options available to you.
With that said, I also have a DS9 who is HG and dyslexic. He is in 4th grade. We just got the dyslexia diagnosed at the end of 3rd grade. I have been very lucky to have a principal that works very well with me. DS9 was in the same situation....IQ scores high enough to qualify him for the gifted pull-out, but achievement scores below the cut-off. I am very lucky that the principal had no hesitition in making an exception for DS, knowing the situation with the dyslexia. His gifted math was very hesitant and concerned that he would not do will in her class. Well now she is eating her words. She has been blown away by how well he is doing....in fact he has a 100 average in the class.
I say all of this to encourage you to continue fighting to get your son into the gifted program. My DS is thriving there, where he is still mediocre in his non-gifted classes. It is hard to convince people that our HG children will actually do better when challenged appropriately.
