They do not accept appeals
Who has told you that you can't appeal? Or is that written policy that you've seen? Or both?
FWIW, our elementary school level gifted program entry requirements are written into the policy book in a way that looks like there is no way to appeal. When you talk to the testers/gate-keepers of the program it *sounds* like there is no way to appeal. Yet if you network through the parental grapevine, you'll find out that there actually are quite a few kids who get into the program every year without the complete swath of required test scores simply because they have parents who advocated strongly for their kids.
This is what I'd recommend: first, determine if "no appeal" has been actually communicated to you. If not, appeal. If it has, appeal to the next higher level up the chain of command from the person you got the "no" from. Put your request for the appeal *in writing* (email is ok). Include all the documentation of level of giftedness that you have (copy of WISC scores, school testing etc). Include report documents, but also summarize the scores within the body of your email. Summarize (briefly) the circumstances surrounding the NNAT test where your ds wasn't given his accommodations. Politely request he be considered for the program.
Then wait for a response . If the response is no, I'd resend - this time be sure you are sending it to the district-level gifted supervisor, and include documentation on the validity of the WISC vs NNAT and other types of tests at assessing innate ability.
DS got a 99th percentile in both reading and science for the NWEA, 86th percentile in math
It's possible the math achievement score might keep him out of the program - it would in our district, where students have to show across the board high scores to get into the magnet school. Just curious, where is he placed in math now? On grade level or above? Is he a high achiever in math and do you have classwork to support as proof?
OTOH, we have pull-out programs in each elementary school that have lower bars for qualifying - if you can't get him into the magnet, consider including him in any lower-level gifted programs that are in his neighborhood school. It might not be the ideal placement, but we had our EG ds in pull-out programs with lower-level ability kids for a few years in elementary and while it wasn't the ideal solution, he liked the program and he liked being with a higher overall ability level of kids.
Something else...DS has a 504 for anxiety. As part of his 504 plan, he has extended and/or untimed tests. The NNAT2 is a timed test, and the TAG proctor insisted that my son take it without accommodations. DS's principal argued with the TAG proctor but lost. So my son's 504 was violated. The principal told me and the next day I got an apologetic email from the TAG office. They came back and gave DS a paper and pencil NNAT2 test with adjusted time. I didn't make a stink about it at the time because I didn't want the TAG office to be biased against my child when evaluating his eligibility. But DS doesn't like repeating work and has huge test anxiety. You can guess how that went, and now I am angry.
Getting angry is understandable, but try to channel the angry-energy into advocating energy. I see one big issue with how the second NNAT test came about - was he given the *same* test or are there two different forms of the NNAT? If there aren't two different versions, the results would have been invalid anyway even if he'd performed well, because he'd already been *very* recently exposed to the questions.
We live in Michigan, a state with no mandates. The law is not on our side.
The law may not be on your side re rights to placement in gifted programs, but *federal* law is on your side re 504 accommodations. I would recommend looking for a parent advocate network office in your state or area - these are groups funded by federal $ that can provide advice free of charge to parents of children with special needs who are navigating the advocacy process for 504s and IEPs etc. If you can't find a parent advocate group try to find a group that provides pro bono legal advice to families who have students with disabilities. I have found both types of groups through the yellow pages at
www.wrightslaw.org Chances are just one phone call to a group that can offer advice on this situation (with the 504 violation) will give you the words you need and a direction re how to direct your concern up the food chain at school.
Or...is the way they screen kids for TAG a big red flag? Is it high achievement that they mistakenly call "giftedness"
I'd not worry about this at the moment, and wouldn't bring up this concern with the school. Focus on your ds, and his abilities, and getting him qualified for TAG. After he's qualified, or if he ultimately can't get in, then re-focus on advocating for change to the identification process. It does seem limited in scope if only one ability test is used and if that test is (possibly) slanted toward one type of ability. There should be an appeals process too. And all other sorts of ways to go about id'ing and serving gifted students... but for now, start with step one, advocating for your ds to get in with the data you have... which should be enough, with the possible exception of math achievement.
