"When we discovered the majority of the states are using this (three-year averaging) ... the initial (state) response was, 'Oh, yes, that's wonderful and we'll go ahead and do it ... and put it in next year's workbook,"' Thomas said. "If it's going to be in next year's workbook, why are we penalizing students this year on a technicality that's legal? We're not trying to do anything that's inappropriate.

"This has been just a roller-coaster of ups and downs — yes, we'll do it, maybe we won't, no we won't, yes we will, no you're telling me it sounds like no, we're not. Somebody needs to get their act together."

Davis Superintendent Bryan Bowles indicated the district isn't much moved by Rooney's comments.

"We have determined the status of our schools. That status is based on question in data and (or) data calculation. The (district), by NCLB law, makes the determination. We examined data and have made the determination," Bowles said in an e-mail.

And Hales believes neither the state nor the districts have done anything wrong. As to where her office goes from here, she's not certain. But she said the State Board of Education is expected to discuss some kind of rule on appeals.

"I like No Child Left Behind. I think No Child Left Behind has focused the nation's attention on those students who need the most help in a way that's never been done before. And I think it helps states and districts by giving them data they can use for real meaningful improvement. The difficulty comes in interpreting some of the minutiae of the law," Hales said.

"This isn't an effort to hide anything; it's an effort to be fair and reasonable and make sure what we're doing is to the betterment of the kids in the state."

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E-mail: jtcook@desnews.com