Yes, your child can absolutely qualify for special education services even if he is performing above grade level. The IDEA does not provide specifics, and that is mostly to allow varying degrees of abilities to be accounted for in IEPs, but it does not limit services only to those children who are below grade level. If his disability is impacting his ability to access the curriculum, then an educational program should be developed to fit his specific needs. However, that does not mean it will be easy to get the school system to agree. I would recommend hiring an attorney or advocate to help facilitate discussions with the school, but remember, you have a right to file a due process complaint against the school and force them to defend their denials in a legal setting.