Wow, I am so overwhelmed with the quick responses to my post. Thank you all so much. To begin with, I moved to NV from CA where the original testing was done back in the third and fourth grades and then again just before I left. My son also has ADHD and OCD issues and has struggled each year with these same issues.

I asked the gifted counselor whether or not anyone ever challenged the legality of this and she told me multiple times but with no avail. As far as his teachers, they are all furious with him but like him all the same. His school counselor has such a heavy workload that he really barely knows him because he's not been a behavior problem in school really at all this year. Right now it is Spring Break so no one is available, but I will find out more about the "regs" she cites on Monday. Just a superficial scan of them shows me nothing, tho, to be honest.

I think I will call Davidson though, and ask them about this. He is not in his home school and they are so overwhelmed with new students that they are looking for any excuse to get rid of people who muck things up for their funding but because he has special ed needs and they supposedly have an autistic spectrum team there, he has been given extra leeway. With his failing everything now, tho, I'm fighting to keep him in so he doesn't continue to fall through the cracks.

I'll keep you all posted and once again, many thanks.

Debra