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In a Dec 28 update from Andrea Mogensen, Attorney for the plaintiffs:

“Oral argument has been granted. It is scheduled for February 7th at 9 a.m. in the First District Court of Appeals in Tallahassee. Not every case that’s up on appeal is granted oral argument. This case, I am sure, was granted an argument because of its importance.

This is good news, because the case is being giving the weight it deserves.

Most appeals are decided just on the briefs that are submitted. Oral argument is where the attorneys appear and are questioned by Justices of the District Court of Appeals. Judges don’t necessarily ask questions but each party will be given 30 mins to present their argument.

The court will not make its decision at the hearing. It will make its decision in writing sometime thereafter, and there is no way to tell how long it will take after the oral argument is heard for the high court to rule. However, for oral argument this is being set rather quickly.

These court proceedings will be open to the public and will be streamed live on the Florida Channel.”

It will also be streamed live at The First District Court of Appeal’s website.



With the exception of Andrea Mogensen, who represents the plaintiffs, the rest of the names on the list above represent the THIRTY-ONE (yes, 31) attorneys for the FLDOE and the five school districts defending this lawsuit – Hernando, Pasco, Orange, Osceola and Seminole.

Everyone should be asking – What is the cost to taxpayers for the state and districts to fight a judge’s lawful court order?

Things have been quiet as we have all waited for the suit to proceed. We remain especially grateful to the plaintiff families and their attorneys still embroiled in this lawsuit, fighting mandatory retention in Hernando, Orange, Osceola, Seminole, and Pasco Counties.

In this Florida Channel video – 12/7/16 House “Legislator University” Training: An Overview of School Accountability at about the 25:30 mark, Florida House Rep. Wengay Newton asks for confirmation that all the children retained had been promoted. The correct answer, Sir, is NO, they have not. Since Judge Gievers’ ruling on September 26, only the children from Sarasota and Broward Counties were promoted when their families agreed to withdraw from the suit.

So where are the children?

From August through November, one child from Seminole County, gifted and documented as reading above the 7th grade level LAST YEAR, was forced to repeat the 3rd grade in Seminole County. She is now enrolled in a private school. So that they would not be subjected to the psychological and emotional harm of having to repeat a year of 3rd grade work unnecessarily, the rest of the children are now all being either homeschooled, or enrolled in private schools at considerable expense.

We eagerly await the ruling of the Appellate Court so that the lawsuit can proceed in earnest. We remain hopeful for systemic change.

In the meantime, please continue to support the effort to make #180DaysCount with your generous donation to the legal fund: https://www.gofundme.com/StopGr3Retention

Recommended reading: 
Tampa Bay Times – 12/29/16:
Florida lawmaker files bill to clarify third-grade retention rules

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