I'm so sorry you are in such a position with a district that is violating the law like this. The commentary on the regulations implementing both IDEA 2004 and the Section 504incorporation of the ADA Amendments Act makes it explicit that there are three ways to determine that an impairment interferes with achievement: comparison to age-peers, comparison to state achievement benchmarks, and comparison to the child's intellectual development (IQ). It is sad and illegal that so many school districts are only permitting use of the first two.
Since you don't believe that a 504 will be forthcoming no matter what you do, perhaps either talking to DDs teacher about the ADHD or telling her that you are concerned that DD needs to learn to be more "careful" in her work and asking that she help you help your DD develop "good careful work habits" by emphasizing accuracy over speed in her instructions, or explicitly reminding students to re-check their answers before turning in the tests when giving such assessments would be helpful (not only to your DD, but to some other kids in the class, I'm willing to bet.) It might provide a cue that will remind your DD to allow herself to take the time to retrieve the facts, reduce her anxiety over (or focus on) the timed component, and help her catch ADHD-related errors or omissions. It is one of the supports that you might have wanted to be in an IEP or 504 for her, anyway.
