Hi momma2many, sorry about your situation. When my son was 5, we didn't battle with the school system. I just pulled him out and had a rollicking 2 years. Being able to read is the best thing because he can educate himself on anything he wants. So homeschooling is easy - for us, I just spent my time looking for resources to feed a hungry brain. If you need anything in this area, do let the forum know. I know I've amassed quite a few web resources that can help.
[Just so you know, he just turned 7 and I've put him back into school. He has growing social needs and I can see that he will need more discipline/structure than I know how to handle. But the option is always open in case one or the other is not working out.]