For the past three years Summit Academy for Alternative Learners lingered in Academic Emergency.

And according to House Bill seventy nine, which officially took effect this July, the school received its three strikes.  And now the 2008-2009 year is its last.

Spokesperson for The Ohio Department of Education, Scott Blake says, "It was desired there'd be a mechanism in place if a school showed persistent lack of academic progress.  There would be a mechanism to close that school and get the students into a different environment."

Ninety eight percent of the students at Summit have severe to moderate disabilities.

Officials with the school say the current state assessment , focused around the Ohio Achievement Test, is not fair.

Mark Schweitzer with Summit Academy says, "They require certain types of reasoning, infer things from the questions even with accommodations. It's the nature of the test.  When you use those types of questions it goes right to the heart of our children's disabilities."

Schweitzer believes the state needs to apply different criteria to schools centered around a special needs curriculum

There are three summit academies here in the Youngstown area, but the other two, the middle and secondary schools will remain open.

And summit officials hopes this gives them options.

Schweitzer says, "We have structural administrative options we can do so we feel confident the children attending this elementary school will have a summit academy to attend next year."