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Under flexibility granted to states by the U.S. Department of Education (ED) regarding the adequate yearly progress (AYP) requirements of the federal Elementary and Secondary Education Act (ESEA), districts may make appeal requests of AYP determinations to the Office of Superintendent of Public Instruction (OSPI).
A number of situations may warrant an appeal to ensure a proper AYP determination is made. These could include, but are not limited to, the following topics:
- Calculating proficiency using an alternate method, such as averaging scores across tested grades or years (e.g., averaging scores for a subgroup across two to three years to see if the average met the annual target). Refer to the averaging templates in the right navigation box on this page.
- Calculating improvement for safe harbor purposes using an alternate method (e.g., making 19 percent reduction over two years or 27 percent reduction over three years, which is an average of a ten percent reduction per year).
- Counting former special education students for up to two years after exiting the program (if this is done, all such students need to be included in the analysis; it will not affect the N for this subgroup).
- AYP determinations regarding counting former Limited English Proficient students for up to two years after exiting the program – all such students will be counted in analysis.
- Including all students in the calculations, including those who were not continuously enrolled.
- AYP decisions made when data was in error or missing from previous years.
- Changes in district or school policies, definitions, or practices that would change the way in which data are reported from one year to the next (e.g., changes in unexcused absence policies).
- Changes in data systems that result in differences in the way results are calculated from one year to the next.
- Excluding results of students who had previously taken the state assessment and took it again.
- Any unusual circumstance that could have affected student performance or AYP results.
We cannot change the AYP status from previous years to reflect what would have occurred if the current policies were in place at that time. However, information about how that status would have been different can be included in an appeal for consideration.
If you have questions about the appeals process or the types of appeals that could be made, please refer to OSPI Memorandum M028-11 or contact Bob Harmon by email at bob.harmon@k12.wa.us.
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