Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 30.00 - Massachusetts Comprehensive Assessment and Standards for Competency Determination › Section 30.05 - Performance Appeals

Current through Register 1525, July 5, 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.