Val - November Testing is excellent! I am so impressed. Sure it's easy for me to sit here an say, from the comfort of my swivel car - sue the Ba$$$$$s! But I would at least look into getting out of your contract, should the November Eval lead to a January welcome into a new grade. Good news is - to the new students he'll just be a "new" student - not a kid who gradeskipped. Even if you can't get out of the contract, I would call the school and ask if they have a grievance process and tell them you would like to enter a formal letter of complaint and DO IT! So many times we settle for a verbal NO. Please don't.
best wishes -
robin