I agree with Dottie--don't rely on NCLB testing to indicate what a kid needs. DS scored 32 on ACT in English at 12, but rated "proficient" with state test. Not reliable.

I also agree with OHG--approach the teacher with your son's emotions. They go far.

Do you have charter schools in your area? After trying with the teacher, you might investigate other options, not just private.