Superintendent's Memo #159-10

State seal, Commonwealth of Virginia

COMMONWEALTH of VIRGINIA
Department of Education

July 9, 2010

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Appeals of AYP Accountability Decisions for Schools and School Divisions Under the No Child Left Behind Act of 2001

In the coming weeks, the adequate yearly progress (AYP) status for schools and school divisions will be announced.
The No Child Left Behind Act of 2001 (NCLB) and accompanying federal regulations permit schools and school divisions to appeal their AYP accountability decisions. Those AYP accountability decisions include:

The Board of Education approved the appeals processes through its adoption of the Amended Consolidated State Application Accountability Workbook on May 26, 2004.

Appeal of a School’s AYP Accountability Decision

Section 1116(b)(2) of NCLB states that school divisions must provide schools with an opportunity to review the data upon which their AYP accountability decisions are based. If a school believes the proposed decision is in error, the school may provide supporting evidence to the school division, and the school division must review the evidence before making a final decision. The decision is forwarded to the Department of Education, Office of Program Administration and Accountability.

The guidelines and procedures for school divisions to use in considering schools’ appeals to their AYP accountability decisions are found in Attachment A of this memorandum. The Virginia Department of Education must receive appeals filed by the division superintendent within 15 business days of the school receiving official notice of its AYP accountability decision or no later than September 10, 2010.

Appeal of a School Division’s AYP Accountability Decision

Section 1116(c)(5) of NCLB specifies that states must provide school divisions with an opportunity to review the data upon which their AYP accountability decisions are based. If a school division believes the proposed decision is in error, the division may provide supporting evidence to the state, and the state must review the evidence before making a final decision. The evidence is forwarded to the Department of Education, Office of Program Administration and Accountability.

The guidelines and procedures for school divisions to use in appealing AYP accountability decisions are found in Attachment B of this memo.

Record Changes

Prior to submitting an appeal, the school division should ensure that all record changes have been made or that a Post Authorization to Proceed (ATP) Record Change Request Form has been submitted to the Virginia Department of Education. The Post ATP Record Change Request Form is used when additional record changes are required after the superintendent has signed the ATP form indicating that the data is accurate and may be found at: http://www.doe.virginia.gov/testing/test_administration/index.shtml.

Directions are located at the top of the form. If you have questions about the record change process, please contact the student assessment staff at Student_Assessment@doe.virginia.gov or by phone at (804) 225-2102.

VDOE staff in the Office of Program Administration and Accountability are also prepared to assist school divisions with questions about accountability ratings and related issues. Contacts for the most frequently queried topics are:

PIW/mmg

Attachments:

  1. Appeals by School of its AYP Accountability Decision (PDF)
  2. Appeals by School Division of its AYP Accountability Decision (PDF)