bk1: I'm sorry I don't remember from before, but do you have other IQ/achievement scores for your DS? Sometimes it helps to have testing done, or even ask school to do the testing. In the last 2-3 years of advocating big and small accommodations, I found that starting with the teacher is good, but may not be enough. Ask the teacher for help, try to make her your ally in solving the problem. If that doesn't get you anywhere, you may want to escalate things with the principal.
Also consider afterschooling, if hs is not an option. DD9 did well last year doing some higher level math on the weekends. We did the book Challenge Math, which isn't a formal curriculum, so we just pick and chose what she wanted to learn about. That kept her interested enough to "survive" the school year. Also knowing that she was doing the Explore test was motivating.
Jen