The 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 As a result, most of these children now have withdrawn from public schools.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