From what I have been told, unless my son's teachers are actually instructing, assigning and assessing work at above level (or below level) the have to designate it as on level. So last year my son was in 2nd grade working out of a 3rd grade math book (instruction, work and assessments). He did get above level in math. Reading --he was reading well above level but the majority of his language arts instruction, which includes both reading and writing, and assessment was on level even though he went beyond that daily in class with extra reading.
Maybe that is the case with other schools...if the don't differentiate above level for at least 80% of the instruction,work, and assessment and just modify it on a bit or miss basis then they can't mark it that.
