Thank you for responding;
I am sorry to hear that your son is not being challenged;
the good news is that a parent does have a contractual relationship with a private school, and the contract can be either an actual signed document, and/or the school's handbook, mission statement, and verbal promises made to parents regarding the terms and conditions of the contractual arrangement. So for example, if the school fails to provide sufficient educational opportunities, fails to test for advanced students for the express purpose of identifying these students and providing adequate educational resources; then the school can be sued for breach of contract.
The damages for a breach of contract are those economic damages that are reasonably foreseeable, and proximately caused by the defendant's breach.
So the court, if they do determine there is a breach, can either enter a judgment for the amount of tuition paid, and rescind the remainder of the contract; or they can determine the value of the education received, and order the school to reimburse the difference from what was actually paid.
The court will expect the parties to act in a reasonable manner- for example, the parents would typically be expected to try and resolve the issue with administrators by perhaps formulating a time schedule for when testing will occur, for example. If it is still not provided, then the parent may file suit.
Small claims is only for cases involving $5,000 or less so regular civil court would be necessary unless a contract has a mandatory arbitration clause
This will walk you through the process of filing a civil suit.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.