I suspect that the ability to do this varies greatly from state-to-state. I would also presume that it would be easier to do with a regular education kid, harder with a 504 case, and requiring consensus with an IEP. http://askdreric-schoolpsychologist.blogspot.com/

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It's my understanding that "special education" IS actually, and IEP (Individual Education Plan), it's a program, not a PLACE. I'd find out what they really mean by "special education class" and don't let the label scare you! Schools also have to place students in the "least restrictive environment" and that means not taking them out of the regular classroom entirely. I would ask for a meeting with whoever in the school is in charge of special education INCLUSION (that means inclusion in the regular classroom as much as is possible and realistic for the student). I would also be really adamant about changing teachers. Your kid may need some real help, but it doesn't sound like this teacher wants to deal with this at all. Sometimes the best thing to do with that is give the teacher what they want, to be rid of your kid, without letting them pigeonhole a child into a special education classroom unnecessarily. It can be hard to accept when your child needs special services, but as a parent, as hard as it is, you have to get past that, and if your kid does, get to the real work of making sure they are the RIGHT services for your child's needs, not just an easy way out for a frustrated, possibly over-burdened teacher. The practice of putting any kids that are a "handful" in a dumbed-down curriculum is really illegal discrimination. The goal is to get the student the help they need, while also making sure they have a fair chance and getting an equal opportunity for education. They don't just get to pluck a kid up and put them in "Sped-ed" when they're bad or get on teacher's nerves anymore (they did that when I went to school-my brother is a sad case of that) There are evaluations involved now. Don't let the labels they throw at you dissuade you from getting those evaluations, because that's what's going to help you figure out what if any help is really needed. If whatever the school's evaluations show doesn't sit well with you, you can also get outside evaluations yourself.

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