5 year old son problems at school

My son is 5 1/2 and when he wants to be is the most loving child I have ever been around.  However, he can't seem to get through more than a few days of school without getting into some sort of trouble.  He just this fall started kindergarter, but we have had this problem at both preschools that he attended.  This has been going on for 2 years now.  He is an extermely intelligence child, he is reading at a 3rd grade level and loves school work, he ask his teacher for extra homework on a regular basis and is happy to do it at home.  However, ever day he gets in trouble for things like make noises in class, touching the other kids, not listening or doing what his teachers tell him to do.  Basicly, anytime he does not get his way, he gets very upset.  He will cross his arms and puff out his chest and will refuse to look at you.  This does happen at home some, but not like it does at school.  When asked about his behavior he says that he just made a bad decision and can tell you what he should have done instead and will always promise that from now on he will make better decisions, however the next day comes and the same things happen again.  We don't know what to do next.  We have even seen a theorpist, who told us that basicly he is just being a boy.  What should we do?