thanks again for the advice, guys!
Last March when he was in Kindergarten, I DID submit the formal written request for testing. This was done through the district's Special Education office. It was forwarded on to the school psychiatrist who DENIED it. Not DENY forever... just temporarily hold off... her official reason was because she felt, based on the teacher's observations, that this needed to be approached via behavior management first. The teacher's argument was that he could not possibly have a "learning disability" because he was one of her top academic performers.
Anyhow... I had planned on following up on this at the beginning of this year, but believe it or not my son has been doing an excellent job in first grade (KNOCK ON WOOD). He seems to like and listen to his teacher (KNOCK ON WOOD). She is very structured and keeps her class very quiet which I think is good for my son.
So the problem currently is in after school care... where things are loud and unorganized and some of the kids really mean... my son is just not succeeding there. Hmph.
I am almost positive the school won't start evaluations based on the problems he is having? After school care is not part of the school but run by a 3rd party...
Anyways 1 bit of good news, after this string I contacted my son's pediatrition and she has referred him to Kaiser's Occupational Therapist (OT) department for an evaluation. I can at least get that part cleared away. Baby steps, right? 
