Legal Aid Society of New York

General Education:

If your child is in general education, your child must achieve at (or above) Proficiency Level 2 on two separate, standardized tests: (1) an English Language Arts (ELA) assessment and (2) a Mathematics assessment.

Even if your child scores at Proficiency Level 2 or above on both tests, the school's principal may deny promotion to a student after determining that the student is not ready for promotion. This determination takes into account:

• Student work
• Teacher observation
• Grades

June Review and Appeal Process: Even if your child scores at Proficiency Level 1 on one or both of these tests (or the principal determines that promotion is inappropriate), your child may still take advantage of a process known as the 'June Review and Appeal Process.' Every child who is in danger of being held back because he or she scored at Proficiency Level 1 on one of the standardized tests will automatically be reviewed.

• If your child scores at Proficiency Level 1 on one the standardized tests and at Proficiency Level 1 or 2 on the other then your child's teacher should
• • prepare a portfolio of your child's work by the end of the school year.
  • The teacher, after reviewing the portfolio, determines whether your child's scores on the standardized tests is an accurate reflection of their development. Taking into account grades and attendance, the teacher will indicate whether he or she believes that your child is performing at the equivalent of Level 1, Level 2, or a high Level 2, and will forward the portfolio with his or her assessment to the principal.
  • The school's principal then reviews the portfolios. If the principal agrees with the teacher's assessment that the child is performing 'at the equivalent of a high level 2', he or she must recommend promotion.
  • If the principal recommends promotion, the recommendation is then reviewed by the Local Instructional Superintendent (LIS), who makes the final determination.
• If your child scores at Proficiency Level 1 on one of the standardized tests, but at Proficiency Level 3 or higher on the other, then the process is the same, except that your child's portfolio must be reviewed by the school's principal, regardless of whether your child's teacher believes the test scores are accurate.
• If your child is not promoted after the June Review process, and you disagree with that decision, you may appeal. Click here to learn about what steps you can take if your child is being held back.

August Review Process: If your child is not promoted automatically or through the June Review Process, there is yet a third opportunity for promotion the 'August Review and Appeal Process.'

At this stage, your child is encourage to:

• Attend the Summer Success Academy and
• Retake the two standardized tests in August. Note that, if your child scored at Proficiency Level 2 on one of the tests, he or she will not be required to retake that particular test in August.

If your child scores at Proficiency Level 2 on both the tests, then he or she is eligible for promotion. Based upon student work, grades, and teacher observation, the principal will make a recommendation as to whether the student is ready for promotion. That recommendation is submitted to the Local Instructional Superintendent (LIS), who makes the final determination.

If your child scores below Proficiency Level 2 on one or both of the tests, then the principal must review the student's portfolio and any summer school work and teacher observations. If the principal believes the student is working 'at the equivalent of a Level 2', then he or she submits a recommendation for promotion to the Local Instructional Superintendent (LIS), who makes the final determination.