K.C.
I have been an ESL teacher in Plano for several years so I know the program, system, and laws well.
Let me answer #2 first...It is unfortunate that she was given the wrong test at first but it sounds like the rest of what happened was right on par. It is Texas state LAW that students be tested if English is not their first language. That law also dictates what is a passing score and what is not, so unfortunately, the opinions of the preschool teacher, Kinder teacher, and ESL teachers would have made no difference.
For question #1....yes and no. She may be missing some of the activities that the other students are doing but the instruction she recieves in ESL is the same content just taught in a way that would be more appropriate for an ESL student. The PP was correct it is about 30 minutes a day. You, as the parent, have the right to deny ESL services so that she is not pulled out of the classroom. I would caution you to do this...Denying services works out ok for most students in the lower grades but sometimes the gap catches up with them in the upper grades. There shouldn't be any stigma associated with being an ESL student...it does not mean that the student is deficient in any way, it just means that they need some specialized instruction for a little while.
I hope this helps, please feel free to private message me if you have any more questions. :)