If you want your ds in the program (which I think I would - but of course, it depends on the program!) - I'd contact the school district now and share the test results.
I'm also not clear from your post exactly what testing your ds has had - is the 99th percentile on an IQ test or an achievement test? Was it done privately or through the school district? If it was done privately, is it an IQ test that the school will accept.
Just a few thoughts based on how our school district handles kindergarten admission to our highly gifted magnet school (and keep in mind, this is just one school district - all are different - and it's been literally *years* since our ds was entering kindergarten so my knowledge even locally is way out of date!). But here goes anyway:
If the testing was done privately the school may want to test again anyway using their standard battery of tests. (Don't be worried about that either - if the world collapses and your ds doesn't score as highly on the school district test as he did in private testing, there could be 800 gazillion reasons why - so if he is tested and scores lower, think through the test, the circumstances, etc and continue to advocate).
Testing in at k isn't the only year that kids are put into the program here (and it sounds like it isn't in your district either). If he doesn't go this year, he can still be considered for the program later - *but* - here's the gotcha - if *achievement* testing is part of the qualifying requirements and he goes into a regular classroom setting with no differentiation based on ability, he might not get qualifying achievement scores in a later year.
If you've got a kid who's scored in the 99th percentile on an IQ test he's gifted! Don't let your worries about how you appear to the school district (as a parent) keep you from asking for him to be included in the program. There's a big difference between being a "pushy" parent and simply being a well-informed parent who is aware of opportunities that fit her child's needs.
Best wishes,
polarbear
