What is the law concerning teachers meeting the needs of my Kinesthetic learning 9 year old?

What is the law concerning teachers meeting the needs of my Kinesthetic learning 9 year old?

My daughter has had "disciplinary problems" all of her school and pre-school years.  I have met with teachers, counselors, and doctors.  Some of the teachers have tried to tell me that she has a.d.h.d.,  but the doctors say no.  Then I found out about kinesthetic learners, and I now know why she is the way she is.  This has given me insight on how to handle things with her better, but I fell like the school and I are constantly battling each other.  I would like to know what their responsibility is to my daughter in adjusting to her learning style.  She is above average most of the time, and until the settings in school became more "sit and listen" and less active learning, she was recommended several times for the gifted program.  The testing for that, sadly, is "sit and tell".  She failed it purposely according to her because she "wanted them to hang out with her".  So she pretended to know nothing!  I am frustrated that the teachers who are educating my children are not educated themselves on how to deal with different learning styles.  They want to categorize everyone in visual or audio.  If something is not done to correct this stigma that most teachers have, I am affraid that too many students will be left behind...... would that not violate the "No child left behind" law?  Or will the teachers see it as a problem to their standards to be met and shove all of these children off to the side in remedial classes, or worse reform schools.  It would seem to me that if there are special provisions for dyslexia (sp?) should there not be special provisions for all learning styles?  If anyone knows the law behind this please let me know.  It would be a tremendous help to me, my children, and if it goes far enough, all children who learn this way.