Hi Ariadia,
Is homeshooling (by yourself or a handy neighbor or family member) an option?
If not, it sounds like the next step is to request that the school formally access him for emotional issues and accademic readiness. Put it in writing, in the mail.
As for legal advice, contact your state gifted association for any local parents who have used the legal system. Here's a link to all the US state asssociations: http://giftedkids.about.com/od/wheretofindhelp/a/state.htm

New York's is http://www.agateny.com/
Contact them for any ideas they may have, local conferences, or names of local parents who may have suggestions. Some states have a gifted contact person at their department of education. Here's the link to yours - http://www.emsc.nysed.gov/ciai/gt.html

And the link to the actual laws - http://www.emsc.nysed.gov/ciai/gt/gtreg.htm

Here are to testers listed on Hoagiesgifted.org page - go there to read the caveats: http://www.hoagiesgifted.org/psychologists.htm

New York
Julia Osborn
Clinton St., 1K, Brooklyn, NY 11202, phone and fax: (718) 522-4824

Patricia Schuler Creative Insights
1 University Pl # 5, Rensselaer, NY 12144, phone: (518) 257-2018

You might also like this link - http://eservices.nysed.gov/vls/welcome.do;jsessionid=950ad80930e2f4549bc1f45d46be8119acb835dd873a.e38KbNaQahmNc40Mah8Pb3mSah0Ke6fznA5Pp7ftolbGmkTy
it's to a site that promotes education and Internet, and containes lots of resources such as sample curriculums and standards, so you can peek behind the scenes and see what the teachers are supposed to be teaching in the various grades. The point is that a "Ford" is a workable form of personal transportation - you aren't asking for a Cadillac, you are only asking for a Ford that is in working condition. For you that might mean subject acceleration, or grade skips. Next time they try that line, say, "No we are looking for a Ford that has an engine attached! The Ford you are offering may run for most of your children, but if my child tried to use it one would soon find that it was stalled. Everyother child's Ford has an engine - why are you suggesting that my son doesn't need an engine in his Ford? That isn't fair. You are a school - schools have a calling to teach children - you need to put my child in a classroom where the teacher is teaching material that he doesn't already know."

Contact everyone above and see what shakes out, oK?
Meanwhile, if you want tip on handling those "emotional issues" start a new thread and we will see if we can offer any suggestions.
Best Wishes,
Trinity

Coaching available, at SchoolSuccessSolutions.com