Under the motion, school districts appealing AYP determinations will not be able to average certain test scores over three years in order to allow schools to make AYP. The board decided against allowing three-year averaging because a rule allowing the practice is not part of an AYP workbook outlining rules Utah must follow.

"We have the responsibility to say sure you can appeal and write up your appeal, but we want you to know that nonuniform averaging is not a part of a 2007 workbook and is not a substantive reason," board member Theresa Theurer said.

State Schools Superintendent Patti Harrington has said not including the rule was an unfortunate oversight. School districts believe it is unfair that their appeals cannot use averaging to achieve AYP because the practice is allowed in other states.

Confusion over the rule has delayed release of the list of Utah schools failing to meet AYP by several months. Schools need to know whether they failed because those that receive federal funding for disadvantaged students face sanctions when they don't meet No Child Left Behind goals.

The Utah State Office of Education hopes to release the list next week, but Judy Park, associate state schools superintendent, said the release may be delayed.

She said staffers are working on changes for next year's AYP workbook and will ask the U.S. Department of Education to allow three-year averaging to be considered in AYP appeals.