The U.S. Department of Education has rejected Utah's request for flexibility on the requirements of the federal mandate No Child Left Behind for school districts and charter schools that will be using computer-adaptive testing.

State education leaders say they will appeal after the new national administration is in place.

"Hopefully the new administration will be more open to new things," said Judy Park, Utah State Office of Education associate superintendent of data, assessment and accountability.

A computer-adaptive exam changes to fit a student's ability. For example, if a student answers a question correctly, the next question is different than if the previous question had been answered incorrectly.

"It is regrettable that the department has continued to extinguish innovation by this denial of flexibility," said State Superintendent of Public Instruction Patti Harrington.

The Utah Legislature gave permission for three rural school districts, two urban school districts, and five charter schools to try out computer-adaptive testing programs and be exempt from state testing requirements between now and June 30, 2010.

Harrington said the national administration's decision is evidence it has "little regard for local and state decisions regarding Utah's public education."

Sevier, Juab, Logan and Uintah school districts have been using computer-adaptive testing. Other districts showing interest include Davis, Provo, Carbon, Millard, Beaver and Tooele.

Besides using computer-adaptive testing, Juab and Sevier are piloting electronic writing tests, as well as universal college preparation and admissions testing for grades 8, 10, 11, and 12 for the 2008-09 school year.

The two superintendents will be evaluating whether to continue with the pilot as well as the state-required testing.

Sevier District Superintendent Brent Thorne admits that is a lot of testing for the kids but believes the assessment, especially computer-adaptive testing, is extremely valuable.

Juab District Superintendent Kirk Wright agreed but added, "There are not enough days in the year to do the pilot and the state-required tests."

In a letter to the Utah State Office of Education, federal assistant secretary Kerri Briggs wrote that his office would only allow the pilots to move forward if Utah could "establish that the assessments (tests) comply with ESEA (No Child Left Behind) assessment requirements" and that they be submitted to peer review.

Park said state education leaders are open to doing the peer review. However, it could be lengthy and costly.

When Utah went through the federal peer review for the state's Criterion-Referenced Tests, it took two years. The state supplied eight binders 8 inches high full of information and data. Utah was one of four states nationally that passed the CRT peer review, Park said.

Utah uses CRT results to supply the data required by NCLB.

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