I do not want my child in Special Ed. but I feel the school is leaving me with no choice?

As a public school, what is thier responsibility to a student who is failing...I know other students are failing and are offered tutorial cles, yet when I asked they said no to my child...I know the TAKS Test will be here soon and I believe they are targeting students who have the greatist potential to p and leaving the lower students out to dry...I feel they are refusing to help my child because I said not to the Special Ed ....IEP testing.....