District/School Administration Administration
The Massachusetts Board of Elementary and Secondary Education

MCAS Performance Appeals Annual Report & Next Steps

The MCAS Performance Appeals process was established by the Board in 2002 to provide a way for students who have repeatedly failed the English Language Arts (ELA) and/or Mathematics MCAS exams to demonstrate their ability to meet or exceed the passing standard of 220 through a review of their coursework. While most of the graduates in the classes of 2003-2007 (roughly 301,000 students) met the standard by passing the grade 10 MCAS tests or retests, more than 2,800 students have earned a Competency Determination through the MCAS Performance Appeals process, including approximately 335 students who were granted appeals in both English language arts and mathematics.

This report serves the following three purposes: (1) to provide you with an overview of the appeals process; (2) to present the 2008 Appeals Annual Report, which summarizes the 2007 data on number of appeals submitted and granted, and percent granted, and compares those figures to comparable data since 2002; and (3) to describe next steps as the Department prepares recommendations for amending the performance appeals regulations to add Science and Technology/Engineering to the appeals process. We expect to present those recommendations in August 2008. This is a necessary next step because that content area has been added to the Competency Determination standard beginning with the class of 2010.

Appeals Overview

Massachusetts' public high school students in the Class of 2003 were the first graduating class required to meet the state's Competency Determination standard as a condition for high school graduation. In 2001, former Commissioner David P. Driscoll formed a Blue Ribbon Panel, headed by former Board member Henry Thomas, to explore alternative pathways for students to earn a Competency Determination. The panel's recommendations led to the creation of the MCAS Performance Appeals process, which provides students with a fair and reasonable opportunity to demonstrate that they possess the required knowledge and skills to meet the academic standard required for graduation even though they have not passed the MCAS tests in ELA and/or mathematics.

It is important to note that the MCAS appeals process does not waive the Competency Determination standard for any student. Rather, it is a mechanism through which students who are unable for some reason to demonstrate that they meet the standard through the standard MCAS tests, are provided an opportunity to show that they possess the required knowledge and skills through other measures.

Eligibility Requirements

The Board's regulations on MCAS performance appeals are found at 603 CMR 30.05. District superintendents are responsible for filing performance appeals on behalf of students. A student must first satisfy the following eligibility criteria 1 , for an appeal to be considered:

1. The student has taken the required grade 10 MCAS tests at least three times;

2. The student has maintained at least a 95 percent attendance level (no more than nine days of absence from school in a 180-day school year) during the year prior to and the year of the appeal;

3. 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); and

4. For a student who has participated in the MCAS Alternate Assessment, the student has submitted at least two portfolios in the subject area of the appeal.

The Commissioner has the authority to waive one or more of the above eligibility requirements if there are extenuating circumstances such as serious illness, childcare commitments, or hardship.

Two Types of Appeals

Once the eligibility requirements have been satisfied, superintendents can submit either a cohort or a portfolio appeal for the student.

A cohort appeal compares the student's grade point average to the grade point average of a cohort of at least 6 other students who took the same sequence of courses at grades 10 and 11 in that subject area. The students who make up the appellant student's cohort must have also earned a passing score in the 220- 228 range on the grade 10 MCAS test of the subject area of the appeal. To be granted an appeal, the appellant student's GPA must equal or exceed the median GPA of the comparison cohort, or fall within two standard errors of the mean GPA of the cohort. An impartial Appeals Board comprised of public high school educators appointed by the Commissioner generally meets monthly to review cohort performance appeals and make recommendations to the Commissioner.

When it is not possible to create a cohort of at least 6 other students, superintendents may file a portfolio appeal of the student's current and/or cumulative work in the subject area of the appeal. To be granted an appeal, a student's portfolio must demonstrate a comparable level of performance to that of a student who has passed the grade 10 MCAS test in the subject area of the appeal. A panel of experts in ELA and mathematics reviews each portfolio and makes individual determinations in each subject area. Portfolio appeals are reviewed three times annually, typically in November, April, and June.

Based on the evidence presented and the recommendation of the performance appeals board, the Commissioner decides whether to grant or deny the appeal or request additional information from the superintendent. If the evidence indicates that a student has not yet met the minimum academic standard for the Competency Determination, the student should continue to receive instruction in ELA or mathematics in order to meet the standard.

Next Step: Adding Science and Technology/Engineering to the Appeals Process

Beginning with the class of 2010, state regulation 603 CMR 30.03(3) requires students to meet or exceed the state standard in Science and Technology/Engineering, in addition to English language arts and Mathematics,in order to earn a Competency Determination and qualify for high school graduation. The addition of Science and Technology/Engineering to the graduation requirement will require an amendment to the regulations that govern the MCAS Performance Appeals process.

My intention is to convene a working group this summer to discuss and recommend options for adding Science and Technology/Engineering to the appeals process. Based on input from the working group, I will bring my recommendations to the Board in August and ask for your approval to release the proposed amendments to the MCAS Performance Appeals regulations for public comment. I anticipate bringing them back to the Board for a final vote on the amendments in October or November.

Appeals Annual Report: Summary of 2007 Data and Trends

The tables on the following pages provide 2007 summary data, as well as trend data, on the number of MCAS performance appeals submitted and granted, and the percent of appeals granted, by subject, by type of appeal submitted, and by students with disabilities.

As you will see in Table 1, the number of appeals submitted since 2003 has decreased each year in both ELA and mathematics as the percentage of students passing the ELA and mathematics tests on their first attempts as 10th graders has risen over that time period. In addition, the percent of appeals granted has generally increased since the creation of the appeals process as superintendents and principals have come to better understand the requirements for students to meet the standard through the appeals process.

Table 1. MCAS Performance Appeals, by Subject: 2002 - 2007

Subject	Year	# Submitted	# Granted	% Granted
ELA	2007	151	121	80%
	2006	242	169	70%
	2005	322	244	76%
	2004	491	386	79%
	2003	711	467	66%
	2002	96	48	50%
Mathematics	2007	399	293	73%
	2006	607	403	66%
	2005	611	393	64%
	2004	849	617	73%
	2003	1,454	830	57%
	2002	368	186	51%





Table 2. MCAS Performance Appeals, by Type of Appeal: 2002-2007 English Language Arts

	Year	# Submitted	# Granted	% Granted
Cohort Appeal	2007	120	103	86%
	2006	213	156	73%
	2005	265	214	81%
	2004	439	361	82%
	2003	657	451	69%
	2002	96	48	50%
Portfolio Appeal	2007	23	11	48%
	2006	27	11	41%
	2005	47	25	53%
	2004	52	25	48%
	2003	54	16	30%
	2002	-	-	-

Note: The number of cohort and portfolio appeals in 2005 and onward may not add to the totals in Table 1 due to a small number of transfer appeals and commissioner's appeals.





Table 3. MCAS Performance Appeals, by Type of Appeal: 2002-2007 Mathematics

	Year	# Submitted	# Granted	% Granted
Cohort Appeal	2007	324	260	80%
	2006	516	359	70%
	2005	508	354	70%
	2004	720	573	80%
	2003	1,273	787	62%
	2002	368	186	51%
Portfolio Appeal	2007	63	28	44%
	2006	88	41	47%
	2005	90	35	39%
	2004	129	44	34%
	2003	181	43	24%
	2002	-	-	-

Note: The number of cohort and portfolio appeals in 2005 and onward may not add to the totals in Table 1 due to a small number of transfer appeals and commissioner's appeals.





Table 4. MCAS Performance Appeals, by Special Education: 2002-2007 English Language Arts

	Year	# Submitted	# Granted	% Granted
Cohort Appeal	2007	61	53	87%
	2006	119	86	72%
	2005	111	90	81%
	2004	180	157	87%
	2003	239	173	72%
	2002	60	26	43%
Portfolio Appeal	2007	6	1	17%
	2006	13	5	38%
	2005	18	3	17%
	2004	27	12	44%
	2003	40	12	30%
	2002	-	-	-





Table 5. MCAS Performance Appeals, by Special Education: 2002-2007 Mathematics

	Year	# Submitted	# Granted	% Granted
Cohort Appeal	2007	170	133	75%
	2006	230	150	65%
	2005	245	160	65%
	2004	343	273	80%
	2003	472	291	62%
	2002	175	75	43%
Portfolio Appeal	2007	43	15	35%
	2006	56	27	48%
	2005	66	19	29%
	2004	90	30	33%
	2003	124	33	27%
	2002	-	-	-

The Board of Elementary and Secondary Education removed an additional requirement that students attain a minimum score of 216 to be eligible to submit an MCAS Performance Appeal in November 2006.



last updated: June 19, 2008