Current through Register 1537, December 20, 2024
(1) A performance
appeal addresses a claim that a student's knowledge and skills in English
language arts, mathematics, or science and technology/engineering meet or
exceed a performance level equivalent to the score on the MCAS high school
tests required for the Competency Determination, even though the student has
not demonstrated attainment of that standard on the MCAS grade 10 test(s). The
performance appeal provides an opportunity to establish that a student has
attained the equivalent of a scaled score on the MCAS test, necessary for
eligibility for the Competency Determination. For English language arts and
mathematics, a student meeting this standard must also fulfill the requirements
of an Educational Proficiency Plan in order to be eligible for a Competency
Determination.
(2)
(a) A performance appeal on behalf of a
student may be filed only by the superintendent of schools for the school
district in which the student is enrolled, or by the superintendent's designee.
For a student who is enrolled in a public education program that is not part of
a school district including, but not limited to, a charter school, an approved
special education day or residential school, an educational collaborative, or a
state-operated school or institutional program, the administrator of the school
or program who is equivalent to the superintendent of schools shall file the
performance appeal. If the superintendent declines to file a performance appeal
on behalf of a student, the student's parent or guardian may appeal the
superintendent's decision to the school committee.
(b) If the school committee denies the
request or takes no action on it within 30 days from the date it was submitted,
and the student's parent or guardian alleges that the superintendent acted for
reasons unrelated to the student's eligibility or academic achievement in not
filing the performance appeal, the parent or guardian may ask the Commissioner
to review the matter. If the Commissioner determines that the superintendent in
fact acted for such unrelated reasons in not filing the appeal, he or she shall
direct the superintendent to submit promptly the material required by 603 CMR
30.05(3) through (5), and he or she shall then proceed as set forth in 603 CMR
30.05(4), if applicable, and 603 CMR 30.05(6).
(c) The superintendent shall file a
performance appeal on behalf of a student with a disability upon the request of
the student's parent or guardian or the student who has reached 18 years of
age, provided that the student meets the eligibility requirements listed in 603
CMR 30.05(3). For any performance appeal filed on behalf of a student with a
disability, the superintendent must obtain consent from the parent or guardian
or the student who has reached 18 years of age.
(3) The superintendent shall include in the
performance appeal evidence that the student meets the eligibility requirements
for a performance appeal, by submitting documentation as follows:
(a)
1. For
a mathematics or English language arts performance appeal, evidence that the
student has taken the grade 10 MCAS test or retest in the subject area of the
appeal at least three times;
2. For
a performance appeal in science and technology/engineering, evidence that the
student has taken a science and technology/engineering MCAS test and is
currently enrolled in a science and technology/engineering class or has
completed 12th grade.
(b) evidence that the student has maintained
at least a 95% attendance level (no more than nine days of absence from school
in a 180-day school year) during the school year prior to and the year of the
appeal, provided that the superintendent may present evidence of extenuating
circumstances such as a student's disability, serious illness, or child care or
other family responsibilities, that would justify an exemption from this
requirement;
(c) evidence that the
student has satisfactorily participated in the tutoring and other academic
support services made available by or approved by the school under an
individual student success plan or under any other plan designed to strengthen
the student's knowledge and skills in the subject(s) at issue, provided that
the superintendent may present evidence of extenuating circumstances, such as a
student's disability, serious illness, or child care or other family
responsibilities, that would justify an exemption from 603 CMR 30.05(3)(c); (d)
A student who has participated in the MCAS Alternate Assessment shall be
eligible for a performance appeal if the student has participated in the
MCAS-Alt in the subject area of the appeal at least twice for an appeal in
English language arts or mathematics, and at least once in science and
technology/engineering, in
lieu of meeting the eligibility
requirements listed in 603 CMR 30.05(3)(a).
(4) Upon the written request of the
superintendent, the Commissioner may for good cause waive one or more of the
eligibility requirements listed in 603 CMR 30.05(3). The Commissioner shall
report to the Board at least once each year on any such waivers that have been
granted, provided that the identity of the student(s) shall remain
confidential.
(5) The
superintendent shall include in the performance appeal evidence of the
student's knowledge and skills in the subject area(s) for which the appeal is
to be filed (English language arts, mathematics, or science and
technology/engineering) by submitting:
(a) the
recommendation of one or more of the student's teachers in the area(s) of
appeal, assessing the level of the student's knowledge and skills in the
subject area(s) at issue;
(b) a
statement that the student has completed or is on track to complete local
graduation requirements during grade 12 or after;
(c) for a student with a disability, a
statement that the IEP team, if any, supports the student's graduation, as
documented on the IEP form;
(d) for
appeals in English language arts and mathematics, the grades or grade point
average of the student for courses taken in the subject area(s) of the appeal
in grade 9 (at the discretion of the superintendent), grades 10, 11, and, if
available, grade 12 and the grades or grade point average and MCAS scores in
the area of the appeal of other students in the school who took the same
courses at the same time as the student who is the subject of the
appeal.
(e) for appeals in science
and technology/engineering, the grade of the student for the course in the
content area of the appeal and the grades and MCAS scores in the content area
of the appeal of other students in the school who took the same course at the
same time as the student who is the subject of the appeal.
(f) Where there is no identifiable
appropriate set of students to enable a meaningful comparison of the student's
knowledge and skills in the subject area of the appeal as described in 603 CMR
30.05(5)(d) and (e), the superintendent shall submit a portfolio of the
student's work in the subject area of the appeal sufficient to demonstrate the
student's level of performance.
(g)
If the student has a disability, the superintendent shall include in the
performance appeal any other information the student's IEP team or Section 504
team (if any) asks to be included, with the consent of the student's parent or
guardian, that indicates in the judgment of the IEP team or Section 504 team
that the student's knowledge and skills in the subject area of the appeal meet
or exceed the performance level established by the Board for the competency
determination in
603 CMR
30.03(2)(b),
30.03(3)(b),
30.03(4)(b),
30.03(5)(a),
30.03(5)(b),
or
30.03(5)(c),
as applicable (220), or the comparable score on MCAS grade 10 tests
administered beginning in 2019 and that the student's MCAS scores do not
accurately reflect the student's knowledge and skills for the content area of
the appeal.
(h) The superintendent
may, and in the case of a student with disabilities the superintendent shall,
also include in the performance appeal other supporting information relevant to
the determination as to whether the student's knowledge and skills in the
subject area of the appeal meet or exceed the performance level established by
the Board for the passing standard for the competency determination for the
student's graduating class in
603 CMR
30.03(2)(b),
30.03(3)(b),
30.03(4)(b)
30.03(5)(a), 30.03(5)(b) or (5)(c), as
applicable. In order to be relevant to the determination, the supporting
information shall provide evidence of the student's work that specifically and
directly addresses the state academic performance standard in the subject area
of the appeal. Supporting information includes a collection of the student's
work samples sufficient to demonstrate the student's level of performance in
relation to the learning standards established by the Board. The superintendent
also may submit additional supporting information such as scores of the student
on other standardized tests in the subject area, evidence of acceptance to
college courses, or other evidence of academic achievement which demonstrates
that the student's knowledge and skills meet or exceed the passing standard
required for the performance appeal.
(6) The superintendent shall send the
performance appeal to the Commissioner, who shall review the submission to
ensure that it meets the requirements of 603 CMR 30.05 and any guidelines
issued by the Commissioner. If the submission meets the requirements, the
Commissioner shall refer it to the Performance Appeals Board.
(7) The Commissioner shall appoint members to
one or more Performance Appeals Boards. Each board shall consist primarily of
teachers and department heads with experience and expertise in the
Massachusetts standards for English language arts, mathematics, or science and
technology/engineering. Each member shall be appointed for a three-year term,
provided that the initial terms may be staggered as the Commissioner deems
appropriate. The Department shall coordinate and assist the work of each
Performance Appeals Board. The Performance Appeals Board shall have the
following duties:
(a) to review each
performance appeal submitted to it by the Commissioner, in accordance with
these regulations and any guidelines issued by the Commissioner;
(b) to review the information submitted by
the superintendent under 603 CMR 30.05(5) and determine whether it provides
sufficient evidence that the student has the required knowledge and skills;
and
(c) to make a recommendation to
the Commissioner regarding whether or not the appeal should be
granted.
(8) The
materials relating to a performance appeal that the Commissioner submits to the
Performance Appeals Board shall identify the student only by number and shall
not include information that would enable board members to identify the
individual student. If the Performance Appeals Board decides that it needs
additional information on a particular student in order to fulfill its duties,
the Performance Appeals Board shall contact the Commissioner's Office to
request the information, which shall be provided to the Performance Appeals
Board with only the student number as an identifier.
(9) Based upon the recommendation of the
Performance Appeals Board and any other information that he or she deems
relevant, the Commissioner shall decide whether to:
(c) make no determination and request that
the superintendent submit additional information for further consideration by
the Performance Appeals Board. The Commissioner shall make a decision after the
Performance Appeals Board reports back to him or her.
(10) The Commissioner shall grant the appeal
if the cohort analysis as described in 603 CMR 30.05(5)(d) or (e), or the
portfolio as described in 603 CMR 30.05(5)(f), or the collection of work
samples produced by the student and any additional supporting information
submitted with the appeal as required in 603 CMR 30.05(5)(g) and (h),
demonstrates by a preponderance of the evidence that the student's knowledge
and skills in the subject area of the appeal meet or exceed the performance
level established by the Board for the passing standard for the performance
appeal in
603 CMR
30.03(2)(b),
30.03(3)(b),
30.03(4)(b),
30.03(5)(a),
30.03(5)(b),
or
30.03(5)(c),
as applicable.
(11) The
Commissioner will notify the superintendent in writing of his or her decision
and the reasons for it within ten business days after he or she receives the
recommendation of the Performance Appeals Board. The superintendent shall
notify the student, parent or guardian of the decision. Within 21 calendar days
after receipt of the Commissioner's decision, the superintendent may respond,
including seeking reconsideration of the Commissioner's decision. The decision
of the Commissioner shall be final. If the appeal is granted, the student will
be deemed to have met the performance appeal standard on the MCAS high school
test that was the subject of the performance appeal. If the appeal is denied,
the superintendent may submit a subsequent appeal on behalf of the student, as
long as the student meets the eligibility requirements. To be eligible for a
subsequent appeal in Science and Technology/Engineering, a student must first
take a subsequent MCAS test in either the same or a different
discipline.
(12) Nothing in
603 CMR 30.00 shall be
interpreted to limit or expand a student's rights under the Individuals with
Disabilities Education Act, M.G.L. c. 71B and
603 CMR
28.00: Special Education, or Section
504 of the Rehabilitation Act of 1973. Any documentation submitted to the
Department at the request of the student's IEP team in connection with a
performance appeal shall not constitute modification of the student's IEP under
state or federal special education law and may not be appealed to the Bureau of
Special Education Appeals under the Individuals with Disabilities Education Act
or M.G.L. c. 71B.
