What recourse does my daughter have ?

I adopted my daughter from a Ukraine orphanage 2 yrs ago at the age of 9 . She was assessed by our school district and placed in the 3rd grade . At the time , I agreed as she had little in the way of English skills ( barely knew rhe alphabet) and I was told she would struggle . She is now 12 and I asked for her to be placed in the 6th grade . Her birthday is In July , so this still places her 1 yr behind . I was told that although she has made great strides , she was just tested and she is at 4th grade reading level. They refused to place her in her proper grade and want to leave her in 5th grade based on these scores . When I asked if she can get an iep or supplemental assistance so that she can catch up , they said she does not qualify but she must stay in her current grade . Does she have the right to be placed in her proper grade and they would have to provide additional ervices if needed ? I feel that because she was from a foreign orphanage , testing is not a fair way to assess