I know every state is different, but it is my understanding that in our district you can't even get an IEP unless the child is demonstrating an academic delay of at least two years. So a gifted kid who is significantly underachieving but still making grade level will not have a chance at one. I don't know if this is true in your area, but if it is it may be why they are basically blowing you off. Unfortunately, I don't know what you are supposed to do to address the issues then. It is about allocating resources, I guess, but really not fair to the kids! I hope that you are able to get some sort of plan worked out with them that will benefit your child.