The school, which entered a state intervention program three years ago because of low test scores, had come under a stricter state monitoring program in November after a five-point slip in its Academic Performance Index score from the previous year. Under state policy, a school in the intervention program must make API progress in the third year or fall into the monitoring category.

The API measures the overall progress of a school from year to year, with primary evaluation based on standardized test scores.

In seeking the waiver, Hester and San Jose Unified School District administrators argued that, overall, Hester has improved its API score more than 100 points from its base score since entering the state program.

Hester had also met all objectives this year under new state standards set by the federal No Child Left Behind Act.

The board voted 3-2 against the waiver, with one member abstaining while another member was absent.

Hester Principal Erin Green said she was "pleasantly surprised" that the vote had been so close. "It gives me hope that they're going to possibly revisit the policy" about consecutive API growth, she said.

Green and the SJUSD are planning to apply for a waiver again in mid-March, after elections are held for the state education board. Two of the three members of the board who voted against the waiver request have terms that expire this month.