Thanks for your input Jen74. From the letters I sent (using language from our state law) and in the meeting, I *implied* that they were breaking the law and that perhaps a third party should decide... To maintain civility, I didn't make a direct threat. That said, the district always has the option of trying to settle these things even after we file for due process.
Just to clarify (you probably know this already Jen, but for others...) - the 88% was a curriculum-based placement assessment to see how much he knows of the current 2nd grade (and some 3rd grade) curriculum. The score is percentage of questions right on the test, not percent*ile* He was near mastery of the curriculum before the mid-point of the year without even being exposed to material at an accelerated rate. He was not allowed to test further than that to see how much he knew of the 3rd grade curriculum.
So... we did our own testing yesterday. We used Texas State assessment (TAKS) because it was free and available online. We gave him the test on his own, without any help. He wasn't allowed to ask us questions about the test and was told to just do his best and guess if he had to. He got 95% on the 3rd grade test and 90% on the 4th grade test. I hope that that info. will at least be looked at to back up our point that he should not have to watch other kids learn 2nd grade math.