A public school in Montana says a student wrongly counted as Native American contributed to its failing rating under the No Child Left Behind Act.

Riverside Middle School didn't meet the act's Annual Yearly Progress standard for the Native American subgroup and for the low-income subgroup because their test scores weren't high enough. As a result, all students have the choice of attending another school.

But the school says if the one student is removed from the Native American subgroup, the school will not fail the standard. The law requires at least 40 students for a valid subgroup. Removal of the student leaves just 39 Natives at the school, so their test scores will not be considered for AYP.

The school also says not enough students were included in the Free and Reduced Price Lunch subgroup. When the students are added, the subgroup's test scores are over the passing level.

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Billings schools fail progress review (The Billings Gazette 1/11)