A Tallahassee judge blasted the Florida Department of Education and several school districts in Florida for their failures to follow state law when it came to promoting students to the fourth grade without taking the state’s standardized test.
Circuit Court Judge Karen Gievers sided with a group of parents in a lengthy, 52 page ruling where she criticized the department for retaining 3rd graders with no reading deficiencies just because they had refused to take the Florida Standards Assessment.
The department caused “injury which will continue as long as the children are not in the appropriate grade in the appropriate school," Gievers wrote.
The judge did not rule the students should be promoted to the fourth grade, but instead scheduled a separate hearing for the students in the Hernando County School District, which she said illegally failed to provide the necessary portfolio option to students who opted out in that district.
The group of 14 parents filed a lawsuit against the FDOE earlier this month for refusing to pass the students because they opted out of standardized testing for their children. The FDOE’s policy, they allege, allows students who take the tests and score poorly to excel and move onto the fourth grade even if they score poorly. On the other hand, a student who performs well in the classroom, passing a class, can be held back because they didn’t take the statewide standardized test.
“The result is that students with no reading deficiency are retained in the third grade solely because they opt-out of standardized testing,” wrote the parents in their lawsuit.
Florida law mandates at least 95 percent of students have to participate in standardized testing to receive an individual letter grade and important federal funding but the plaintiff parents say that poses a problem with how children learn.
All of the students technically took the test, opening the seal of the FSA, but refused to answer any of the questions. The FDOE said those actions did not count as participating in the FSA.
The plaintiffs also expressed concerns over the alternative portfolio, which shows a student’s schoolwork throughout the year. Parents say the portfolio option had many complications, though, since some counties had requirements inconsistent with FDOE portfolio requirements.
Gievers agreed with the plaintiffs, saying the department had to allow school districts to provide the portfolio option to students.
Gievers also ruled school districts must promptly notify students retained in third grade pursuant to state law, saying the department can’t retain students who don’t have a reading deficiency as long as they complete the portfolio option.
The judge also wrote the case should be decided in one county -- Leon -- since that is where the FDOE is located.
Supporters of the opt out movement viewed Friday’s ruling as a victory. But the group, which has raised over $18,000 in a month to support the plaintiffs, warned this wouldn’t be the last hearing on the issue.
Today was a good day for Florida’s students, but this fight is not over,” said Cindy Hamilton of the Opt Out Florida Network. “Our work to support children being assessed on their 180 days of classroom work, to include the professional teacher as a primary expert in these decisions, continues.”
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
