It sounds to me that the kid is tuning the teacher out, a perfectly understandable reaction if the teacher is explaining things six different times. GET ON WITH IT!!
However, your DD needs to learn to at least tune in long enough to know what's expected of her, so that's on her. I'd allow her to receive the grade she has earned, with very little muss and fuss. That'll teach her the value of paying attention.
On the other hand, it does seem like the teacher could make an easy accommodation here. If your DD were allowed to begin the assignment as soon as she understands the directions, rather than wait to hear the same information half a dozen times, that would make it easier for her to pay attention. And if she misses something, by starting in too early... again, let the natural consequences unfold. If she starts in on the assignment while the teacher is still talking with the rest of the class, the only one being distracted is your DD.
