So I got a response which actually makes me more angry. In particular this secton -
"At the conclusion of the testing period before vacation, there were a small group of students who did not finish. Most of these students are legally allotted extra time, though Lindsey is not one of these students. The majority of the class, however, completed the test in the allotted time. I apologize for the miscommunication, because she may have been standing with this small group as I mentioned coming after school to finish the test. In some cases, if the majority of the class does not finish, I will allow all students extra time. This test was not one of these instances."
So there is evidence she has done this in the past, but yet turned her down after the vacation time. Basically my daughter ended up with a 64 - this from a girl who normally gets As (right now she has As in every other class). In classes she has difficulty she has gotten Bs - she has never gotten anything below a B.
I have asked to meet with the teacher of course.