Okay, let me just say I know about the 'dreaded phone call'. No parent wants to receive those. But lots of parents do----- remember that. I know that I have occasionally been guilty of thinking everyone else has perfect kids but me . . . but realize this isn't the case.
Kids and especially boys can be wild and wacky creatures and school isn't always the best setting for that. It is hard to sit still and stay focased when what you really want to do is run and play. Try to be understanding that it is harder from him and he probably IS trying his best.
Before school, try some activities at home such as animal walks (crab walk, bear walk, kangeroo hop, leap frog, slither like a snake across the floor), have him jump, skip or march around the house. Give him something thick to drink from a straw (smoothie is good in the morning). I know everyone has a time crunch before school/work----- but some physical activity prior to the day starting may help him be calmer once in school. I'd have them provide some little extra chances for physical activity like erasing chalk bourds or carrying some books across the room for the teacher, etc. Try not to let them take his recess away as physical activity is important to improving behavior.
I have a son with a developmental delay called sensory integration disorder which is a nervous system like ADD but somewhat different. At times the symptoms can look the same. It was diagnosed by an occupational therapists and he does this physical stuff among other things directed at calming his nervous system. He is only in half day kindergarten but is doing really well. (not the case early on in preschool prior to sensory processing diagnosis.)
Good luck and if you'd like any other ideas for activities or things you can do that ALL kids benefit from but a child with nervous system issues NEEDS. (my son has never been medicated and medication doesn't help sensory. Only ADD)
the main complaint is that he doesnt' follow the rules, does things he should do like the other day this girl took a pencil from him and instead of telling the teacher, he pricked her with the pencil once he got it back. also he was trying to sit next to a boy and the boy was blocking him, so he sat on his leg. he also needs a lot of redirection. when i am one on one with him, he seems to respond. he does his homework, and listens..... i am not in the school to know but every teacher says the same thing. i talk to him and he says he undestands but then turns around and does something silly again.
yes i am panicked because i get so frustrated when the teacher calls me....... at home he's pretty easy going but he has to be told what to do several times before he does.
You sound like you have paniced. Don't make any decision until you are rational again. After that you can think. You have the rest of his life to decide. He is your son and you know what is best for him. The school is an institution.
What does act up mean? can you describe the worrisome behavior?