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For children with ADD / ADHD who are acting out in the classroom, can be stemmed from other factors. If the teacher said he is progressing academically, it is very possible the acting out and spitting can be due to boredom.
A few suggestions:
* Does your school offer inclusion classrooms?
* Can you have an aide shadow the child?
* If the child thinks at a higher level, maybe moving him into a more challenging atmosphere would stop the behavioral issues.