Superintendent’s Memo #177-12

State seal, Commonwealth of Virginia

COMMONWEALTH of VIRGINIA
Department of Education

July 20, 2012

TO:  Division Superintendents

FROM:  Patricia I. Wright, Superintendent of Public Instruction

SUBJECT:  Appeals of Federal Accountability Results Under the No Child Left Behind Act of 2001

On June 29, 2012, Virginia’s application for waivers from certain requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), was approved by the U.S. Department of Education.  Under the provisions of Virginia’s application, new annual measurable objectives (AMOs) will be established to reduce the failure rate in half for the following subgroups over the next six years:

The anticipated release date of the new AMOs is the week of July 23, 2012.  In August, school division personnel will be able to review federal accountability results based on the new AMOs.  Schools and school divisions may appeal their results through the appeals processes approved by the Virginia Board of Education through its adoption of the Amended Consolidated State Application Accountability Workbook on May 26, 2004.

Appeal of a School’s Federal Accountability Results

Section 1116(b)(2) of NCLB states that school divisions must provide schools with an opportunity to review the data upon which their federal accountability results are based. If a school believes the proposed results are in error, the school may provide supporting evidence to the school division. The school division must review the evidence before making a final decision and submit the evidence and decision to the Virginia Department of Education for consideration.

The guidelines and procedures for school divisions to use in considering schools’ appeals of their federal accountability results are found in Attachment A of this memorandum.  The Virginia Department of Education must receive appeals filed by the division superintendent within one month of the school receiving notice of the results but no later than Tuesday, September 4, 2012.

Appeal of a School Division’s Federal Accountability Results

Section 1116(c)(5) of NCLB specifies that states must provide school divisions with an opportunity to review the data upon which their federal accountability results are based. If a school division believes the proposed results are in error, the division may provide supporting evidence to the state, and the state must review the evidence before making a final decision.
The guidelines and procedures for school divisions to use in appealing federal accountability results are found in Attachment B of this memorandum. The Virginia Department of Education must receive appeals filed by the division superintendent within one month of the school division receiving notice of the results but no later than Tuesday, September 4, 2012.

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 are 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.

Contact Information

School divisions may submit questions about federal accountability results or related issues to the following Department contacts:

PIW/VT/mmg

Attachments:

  1. Appeals by School of its Federal Accountability Results (PDF)
  2. Appeals by School Division of its Federal Accountability Results (PDF)