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When did the school last do an eval in all areas of suspected disability? If it's been a while, perhaps they'd be willing to do new evals.

First, what is your daughter's disability? If they're blaming low test scores on her "not putting in enough effort," are they taking into account her disability? Is is ADHD? They need to drill down to determine if her supposed "not putting in enough effort" is related to a disability and if so, need to address ways to support this disability so that she can put in the effort. I don't think you're at the point of asking for a para yet in that it first needs to be determined that accommodations and specialized instruction are not enough. (Although I do realized that you've tried to get these to no avail. But the reality is if they're not providing those, there is no way you are going to get a para. So the approach is to keep fighting for the accommodations and specialized instruction, if need can be shown.) In my opinion, Title I has nothing to do with whether or not a child qualifies for accommodations and specialized instruction under the IDEA (Individuals with Disabilities Education Act). I am not familiar with the requirements necessary to receive Title I support, but it may be a lower bar than the IDEA which would be a reason why in some cases a students might receive Title I support, but not special education services. However, that does not appear to be the case with your daughter. The IEP is all about data. So get the data. Her grades and test scores indicate that there is concern in the area of academics. Reach out to the school and ask for an evaluation in the area of academics and any other area you have concerns in - anything listed in the neuropsych report (executive functioning, etc.). If you don't like their results or they still refuse to provide accommodations, ask for an IEE (Independent Educational Evaluation) - one that can dig down to the underlying cause of her struggles and make specific recommendations as to accommodations. Maybe the accommodations needed are not specifically for math but for executive functioning? No, she does not need to fail for a certain before asking for help again. But you do need to have the data. If you get the data and the school district still refuse to help your daughter, you may need to hire an advocate or reach out to a state agency that provide no or low cost advocates. Those might be listed on your state's department of education website.