We are in Washington state. Formerly there has been NO appeals process! But the WAC law just changed and went into effect 4/12/13, so I'm hoping to find some help there. According to the new law there must be an appeals process. I have heard that there are studies out there that show the CogAT to be an inferior test, especially when identifying gifted, but I have not been able to dig any up. I want to be able to present them with hard evidence as to why they should change their procedures! It is a time of change anyway for the district due to implementing the new laws.

Here is what the director sent me regarding the school district's policies:

Assessment: In order to be considered for final selection as among the �most highly capable� there shall exist evidence of one or more of the following characteristics:
(a) Evidence that the student scores in the 99th percentile in cognitive ability (verbal or quantitative);
(b) Evidence that the student scores in the top 99th percentile in one or more specific academic achievement area; or
(c) Evidence that the student demonstrates behavioral characteristics for �exceptional creativity� (defined in the WAC as the demonstration of unique or outstanding creative products and/or the demonstration of unusual problem solving ability and the intellectual potential to perform academically at a level significantly higher than the norm for the chronological grade level).
(See WAC 392-170-040 and 055.)
Selection: Final selection of the most highly capable students eligible for HiCap services in grades 4-8 will be determined by a District multidisciplinary selection committee (�MSC�) based on the District�s policies and procedures and the professional judgment of the MSC. (WAC 392-170-075). The MSC will consist of the following personnel:
(a) Classroom teachers with training and experience in teaching highly capable students.
(b) A psychologist or other qualified practitioner with the training to interpret cognitive and achievement test results.
(c) A district administrator with responsibility for the supervision of the district�s highly capable students.

Here is the amended law regarding selection of HC. There are no rules regarding specific tests - that is up to the individual school districts. I don't know that there is anything below that can help me. frown

WAC392-170-055 Assessment process for selection as highly capable student.
*Amended
(1) Students nominated for selection as a highly capable student, unless eliminated through screening as provided in WAC 392-170-045, shall be assessed by qualified district personnel;
(2) Districts shall use multiple objective criteria for identification of students who are among the most highly capable. There is no single prescribed method for identification of students among the most highly capable; and
(3)Districts shall have a clearly defined and written assessment process.

WAC392-170-60 Nondiscriminationin the use of tests.
*Amended
All tests and other evaluation materials used in the assessment shall have been validated for the specific purpose for which they are used and shall accurately reflect whatever factors the tests purport to measure.
If properly validated tests are not available, the professional judgment of the qualified district personnel shall determine eligibility of the student based upon evidence of cognitive ability and/or academic achievement. This professional judgment shall be documented in writing.

WAC392-170-075 Selection of most highly capable.
*Amended
Each school district's board of directors shall adopt policies and procedures for the selection of the most highly capable students by the multidisciplinary selection committee. Such policies and selection procedures:
(1) Shall not violate federal and state civil rights laws, including, without limitation, chapters 28A.640 and 28A.642 RCW;
(2) Shall be based on professional judgment as to which students will benefit the most from inclusion in the district's program; and
(3) Shall be based on a selection system that determines which students are the most highly capable as defined under WAC 392- 170-055, and other data collected in the assessment process.

I really appreciate you all having a look at this. I am feeling really overwhelmed! I contacted the psychologist who administered the WISC-IV, is renowned for his expertise in gifted, and is also a certified school psychologist. He said he is frustrated by our district's process. He mentioned that Seattle SD has approved outside evaluators, of which he is one, but there is no such process for our district. He has offered to retest (bless him), but I don't know what good that would do. What if she scored exactly the same on both tests? frown

-Tricia