This sounds like my 1st grader. My pediatrician said that he sees this problem often and that teachers seem to be very eager to label kids add or adhd and get them put on medication. He said that my son is a very active boy which now probably would be labeled as hyperactive but used to be considered "all boy"...in other words, he's a kid and sometimes kids don't want to sit and listen to a teacher for 40 minutes. Anyway, he did suggest changing the diet to eliminate or at least cut back on sugars and white flour and things like that and to include more fish and vegetables. I would definately try that before labeling any child as a problem. On the bright side, when my 18 year old was in 2nd grade, his teacher decided he was add and wanted him on ritalin...after finding out that 11 out of 25 kids in her class were medicated, I had him put into another classroom. In 5th grade his teacher said that he was immature and probably started school too early so he held him back a year. My son is graduating next year and is an honor student