Third Grade Retention Law Under Scrutiny

FAILED1The State Board of Education (SBE) was asking questions about third grade retention policies.  The general understanding was that students who scored a ‘level 1’ on the Florida Standards Assessment (FSA) would be retained unless there was a good cause exemption.

There is more to this than meets the eye.

 

 

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State Appeals 3rd Grade Test Ruling

justiceThe State of Florida, Orange and Hernando Counties initially filed an appeal in the third grade retention case.  Now, Seminole and Broward have joined the appeal to Judge Gievers ruling that the children whose parents opted their children out of the FSA were treated unlawfully.  The children had demonstrated competence through their grades and other work, and they followed the ‘minimum participation’ in the test rule by breaking the test seal and writing their names.  The districts, however, retained the children in third grade.

Lawyers for the State argued that allowing these children to move on to fourth grade would undermine the entire state accountability system.  As a result, most of these children now have withdrawn from public schools. Their case will continue to work its way through the courts.

Districts  argue that the lawsuit should have been heard in a local district court.  Judge Gievers dismissed that argument.  The net effect would have been multiple hearings in multiple courts since several districts were involved.

Federal law requires that states must test 95% of their students

 

 

Judge Supports Third Grade Opt Out Parents

justiceJudge Gievers ruled in favor of parents who claimed that their districts unfairly retained third graders solely because they did not complete the Florida Standards Assessment (FSA).  The ruling revealed gaping holes in district procedures and in law.  The arguments brought into question the reliance on the FSA to determine student competence.

 

 

 

 

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The Silly Season Has Overtaken Us?

american-flag-1109393_640In today’s Tallahassee Democrat, Leon County Schools have been chided.  It seems the state legislature passed a measure allowing students to opt out of the Pledge of Allegiance.  The Department of Education said the district went too far by creating a form to do so and putting it in the Student Handbook.  The State is involved in a lawsuit over parent’s rights to opt their children out of tests, but it is OK to opt out of the Pledge of Allegiance as long as you do not tell parents?

What is that Shakespearian line:  Something is rotten in Denmark?  Should we be thinking about other things to improve our educational system?

John Oliver on Charter Schools

oliverLast week tonight  with John Oliver (HBO) featured charter schools.  He sums  it up.  He does not engage in the discussion about charter quality.  Instead, he goes into the management and oversight.  This is our song.  You can see it here.   It is a strong message.  He mentions Florida, Ohio, and Pennsylvania specifically.

Opt Out Parents Lawsuit Going Federal?

justiceThere is a new and very interesting twist to the Florida opt out lawsuit.  Parents whose children were retained in third grade solely because they did not take the Florida Standards Assessment (FSA) brought a lawsuit.  Some districts retained these children who would otherwise be promoted to fourth grade and others did not.  It sounds like a basic fairness issue, but it is more complicated.  Who is responsible for this policy, the State or the federal government?  If only 16 states require third grade retention, why would the federal law be involved?

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This Judge Did A Doubletake

FAILED1Passing third grade depends in part on the district a child attends.  Some parents who opted their children out of the Florida State Assessment were dismayed to learn their children would be held back in third grade.  These are not low achieving students based on their grades on report cards.  The federal law requires that states administer annual assessments, and the government can penalize states with fewer than 95% of students participating.

Florida had no problem meeting the federal requirements, but some districts decided not to allow students without test scores to advance to fourth grade.  Parents could send their children to a summer portfolio session, in some districts, or they could sit an alternative assessment.  Parents sued Pasco and Hernando school districts.  The Leon County Circuit court heard the arguments on Friday.  Judge Gievers was troubled but thought any ruled she made would be immediately appealed.

Today Judge Gievers reconsidered.  She will rehear the case next Monday.  The children are now enrolled in third grade classes.  Maybe next week they will be fourth graders.  Something is wrong with this picture.  Whatever the policy may be, it should at least be the same for all children in the state.