Clearing Hurdle #1 to Protect ALL 3rd Graders

Tags

#180DaysCount, retention lawsuit, Third Grade lawsuit

The Bottom Line Right Up Front:
Hurdle #1: We have 2 days to help raise $1200 to get the plaintiffs to the Florida Supreme Court. There will be other hurdles to overcome, but they have to get over this one first. The families will cross the finish line when they prevail in court, but they’ve got to get to court. And they need YOUR help to do it. If you’d like to skip right to the donate section, scroll on down to “3 ways to donate”!

Nearly a whole school year has already passed. The parents would not allow their children to be retained and the children are either in private schools or homeschooling. The families are no longer fighting to protect their own children. This fight continues for the sake of ALL current and future third graders. Prevailing in this case will also help to chip away at both the “A+ Plan” and “school grades.”

Is there any other reason why the FLDOE and the 5 districts would have 30 (yes, thirty) attorneys working on this case against a single attorney for the plaintiffs?

Below are the key issues about the 3rd Grade Retention Lawsuit and why the families are now focused on getting their case to the Florida Supreme Court

(The chronology of this lawsuit are listed below)…

62 of the 67 Florida districts DID follow the law and promoted students by alternative assessments where it was appropriate – including a teacher-portfolio meeting state guidelines. Only the 5 districts in the lawsuit (Hernando, Orange, Osceola, Pasco and Seminole) are still insisting that in order to be promoted, they must have either a passing FSA score, or another test, which is what the parents refused, as was their right, under Florida Law.

WHAT IS AT STAKE NOW
Because the DCA ruled against plaintiffs on venue, they must now either –

a) go back to each of the 5 districts to get their case heard, or
b) ask Florida Supreme Court to overturn the ruling on venue so that the case can go back to Judge Gievers Court to be heard on the merits of the case.

If the DCA’s ruling on venue is allowed to stand, the implications go much farther than education – If individuals in multiple districts have a valid complaint against state policy, they would now be made to take it up with their local courts and would be refused the efficiency of joining each case to that of other plaintiffs experiencing the same situation in other districts.

Fragmenting the plaintiffs’ case and sending them to their local districts will break the case – AND THE DEFENSE KNOWS THIS. This could result in 5 different outcomes – which might not result in systemic change.

To date, the outstanding legal bill is in excess of $60,000. The attorney is only asking for her outstanding expenses to be covered – the $7,400 – in order for the plaintiffs to progress with the case to the Supreme Court of Florida so that the case can be heard.

From the TB Times Aug 26 article following Judge Gievers’ initial ruling FOR the plaintiffs, Judge’s ruling is a blow to Florida’s third-grade testing rules

“Gievers has yet to conduct a full trial on the parents’ over-arching complaint challenging the third-grade retention law.”

Provided by CoolFundraisingIdeas.net

Check back for updates!

It is especially notable that SO MANY educators have donated (some regularly) to this cause. No contribution is too small. You can also help by sharing this post.

There are 3 ways to donate:
1) gofundme.com/StopGr3Retention
2) Paypal link on https://www.facebook.com/TheOptOutFloridaNetwork/
3) To avoid GoFundMe fees, you may send a check directly to the attorney for the Plaintiffs:

The Law Office of Andrea Flynn Mogensen, P.A.
200 South Washington Boulevard, Suite 7
Sarasota, FL 34236

Please note on your check: “Third Grade Florida Supreme Court” and please notify us at TheOptOutFLNetwork@gmail.com

Once we meet this urgent goal, please continue to give generously. There are already other hurdles (legal fees) still to clear.

Thank you VERY MUCH for your support! It is greatly appreciated.

_______________________________________
The Chronology (click on links to articles for details):
July 18 2016: Group seeks support to fight Florida’s third-grade retention law

Tampa Bay Times: 
“”Courageous parents have refused all further testing for purposes of promotion,” according to the Opt Out Florida Network, which is supporting the effort. “They are demanding that their children be promoted based on the work they did all year long, evidenced by satisfactory report cards or actual portfolios of their children’s work (which includes tests done in school) – a more thorough and rigorous evaluation than any single test could possibly be.”

The families have talked with lawyers, and are aiming to get the courts to find the retention law unconstitutional and unenforceable.

If successful, their effort could have widespread effect. Florida’s third-grade retention law has been replicated (in various forms in 15 other states) throughout the country as other states seek to hold schools accountable for student learning.”

Aug 10 2016: The suit is filed in Leon County, where the FLDOE is located.
Aug 2016: Parents file motion for emergency injunctive relief as school year began.
Aug 12 2017: Parents have their first “day in court” – Parents sue when third-grade honors students are not promoted to fourth grade
Aug 26 2016: Favorable outcomes – Judge blasts state, local schools in 3rd-grade retention case
Aug 26 2016:  Judge’s ruling is a blow to Florida’s third-grade testing rules
Aug 29 2016: Judge rules. Plaintiffs prevail, mostly – Judge issues mixed ruling on Florida’s third-grade retention law (Judge Gievers rules overwhelmingly for plaintiffs – orders districts to promote and to use portfolios as parents requested. Says they met minimum requirements for “participation” in testing.)
Aug 29 2016: And yet… Kids who defied Florida’s third-grade testing rules hit roadblocks as they return to school
Aug 30 2017: (Districts) appeal third-grade retention ruling
Sep 2 2016: Editorial: Hernando school district loses lawsuit, punishes kids
Sep 2, 2017: ABC7 Editorial (VIDEO): “Civil disobedience is democracy’s way of saying enough is enough.”
Dec 29 2016: Florida lawmaker files bill to clarify third-grade retention rules
Jan 7, 2017: DCA agree to hear oral arguments on venue.
Feb 7, 2017: District Court of Appeals hears oral arguments – where plaintiffs’ lawyer is prevented from arguing her case, having to contend with off-topic questions and statements from the bench.
Mar 7 2017: District Court of Appeals rules against parents for FLDOE and districts on venue – only.

IMPORTANT NOTE: The DCA ruling on venue does not overturn the merits of Judge Gievers’ ruling – but parents must now seek to overturn the DCA ruling on venue in the Florida Supreme Court… or take it up with their local school districts.

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1/7/17 UPDATE – 3rd Grade Lawsuit

Tags

#180DaysCount, Accountability, Florida legislature, FSA Opt Out Movement, High stakes testing, Retention, retention lawsuit, Third Grade FSA, Third Grade lawsuit, Third Grade Promotion

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

Previous updates:
https://theoptoutfloridanetwork.wordpress.com/2016/10/22/mom-in-3rd-grade-lawsuit-addresses-seminole-school-board/

https://theoptoutfloridanetwork.wordpress.com/2016/09/04/904-update-3rd-grade-lawsuit/

https://theoptoutfloridanetwork.wordpress.com/2016/08/10/lawsuit-to-make-180dayscount-is-filed/

https://theoptoutfloridanetwork.wordpress.com/2016/07/20/720-update-3rd-grade-lawsuit/

Courage Is Not Required for Seminole Board To Do The Right Thing

Tags

#180DaysCount, alternative assessment, authentic classrooms, bullying, developmentally Appropriate Practice, FLDOE, Florida legislature, FSA, FSA Opt Out Movement, Good Cause Exemptions, harmful educational practices, High stakes testing, intimidation, promotion by report card, real learning, real teaching, Third grade, Third Grade FSA, Third Grade Promotion

by Sandy Stenoff

At the last Seminole County School Board meeting, parents and teachers provided input about the Third Grade lawsuit, involving Seminole County students. After Jodi Parham read for Rhonda Nickerson (at 58:00), the board stated (at 1:01:35) that they would typically not accept public comments about pending litigation. The attorney for SCPS provided a brief update on the lawsuit to the board (at 1:02:05).

My speech was cut short (Video from 1:04:15 to 1:06:58).

The next day, I sent my complete address, with references, to the board to be entered into the record:

Dear Drs. Calderone and Griffin, 

 

Thank you for the opportunity to address you yesterday evening.  Had I been permitted to complete my statement, this is what I would have shared with you. While I do understand that the district may not be able to comment publicly on pending litigation, I would put forth, respectfully, that the public certainly has the right to provide comment – of course, with no expectation that the board would respond publicly. I sincerely hope that you will give this serious consideration. Other districts have successfully worked with parents in the lawsuit. 

 

I appreciate that this will be added to the record of yesterday’s meeting. Thank you for your consideration.

Sincerely,
Sandy Stenoff

_____________________

I’m here today, because of two proficient children from Seminole in the lawsuit, who are still officially retained in the third grade simply because they have no test score, against the Judge’s order and against Florida education statutes.

The parents requested early in the school year to have a portfolio compiled, as the law allows. The state statute as well as numerous publications from the DOE state:

“A parent of a student in grade 3 who is identified anytime during the school year as being at risk of retention may request that the school immediately begin collecting evidence for the portfolio.”

They were denied.

I believe there must be a disconnect in the district’s understanding of what a portfolio is. State statute, FLDOE TAP reports and Just Read Florida state that “Portfolio Evidence is to include multiple choice items.”

Nowhere does it say that a portfolio must be made up exclusively of multiple choice test items.  A real portfolio, which meets the state guidelines, as Sarina Nickerson’s portfolio does, is without question, a more through and rigorous measure of her teacher’s and this district’s accountability than any single test.  It should be held up as an example for all. Instead, it is dismissed, as was this student’s educational rights.

Currently, Sarina must be homeschooled for her own protection from the actions of this district.  Fortunately for her, her family is able to do this. Camryn Weaver is not so lucky. She is gifted, and reads above the 6^th grade level. She is in 4^th grade math, but 3^rd grade for everything else. The law dictates strict parameters for how a retained student must be remediated. If that were happening for Camryn Weaver, she would not be repeating third grade work right now. That she is in 4^th grade math tells me that the district has the authority to be flexible. It was also the district’s legal option to place her in a 4^th grade class, pending a mid year promotion, but that is not happening either (See References – Attached is an e-mail excerpt from the FLDOE to Senator Darren Soto attesting that this is an acceptable course of action). 

Her mother tells me that Camryn now says things like, “I’m just stupid.” (I did not state this at the meeting, as Camryn was in the audience, but it is what she now says, where she never did before.)What have we become when children need protection from public education?

I have watched every minute of the 9-hour evidentiary hearing and I have read Judge Gievers’ 53-page ruling numerous times.  In a nutshell, the judge’s ruling overwhelmingly found for the plaintiffs – the main points being:

– That they had the right to request a teacher-compiled portfolio over one based on tests – Page 19 Item 32 *

– Promotion is not to be based solely on a test or tests. Page 13, Item 18 **

– Districts are ordered to stop refusing to allow a portfolio Page 14, Item 19 ***

And finally, regarding the automatic stay as a result of the district appealing the venue, from the Tampa Bay Times – Sept 13:

Judge Gievers:

“To the extent that the evidence and law warranted the provision of injunctive relief as to the State Education Defendants and the School Board of Hernando County, the automatic stay of the order as to the challenged injunctive relief *does not authorize the Defendants to ignore the mandatory provisions of the statutes in question*.”

Research consistently shows that students are better off being promoted and provided the intervention and support they need. The short term gains in improved test scores in the 4^th grade, are outstripped by the long-term harm of retention. I ask you to consider this for each child as you go forward. By law, retention decisions are never supposed to be made on the sole basis of a test score, but that is exactly what has happened to these children. Parents are supposed to be included in these decisions. If the children are simply collateral damage, please ask yourselves, To what end?

I have met with some of you personally and I believe you when you say that, as a district, you put children and teachers first. You have said that your hands were tied because you were obligated to follow the law. The Judge’s court order has untied them now.  Just a year and a half ago, when the law about minimal participation was unclear, you led the way with your courageous decisions to treat children ethically and with respect (here and here). Districts across the state followed your lead. The law is clear now. Courage is not required, only the will to do right by these children.

Please restore our trust that this district puts children first.

It isn’t part of the educator’s creed to “First do no harm”, but it should be.

I will leave you with this quote from over 2,400 years ago by Aristotle:
“What it lies in our power to do, it lies in our power not to do.”

_________________

10/22/16 – Ft Lauderdale Sun Times
Broward promotes twins who opted out of state test

08/11/16 Sarsota Herald Tribune
Sarasota School District relents, advances 3rd grade student
________________

REFERENCES
Judge Gievers’ 53-page ruling from Aug 26 2016: http://goo.gl/aeFvOL

* Page 19, Item 32 The Plaintiff may pursue administrative proceedings regarding her preference for a teacher-compiled portfolio based on school work completed in the year to one based on standards assessment testing, if she wishes.

** Page 13, Item 18 The School Board and State Education Defendants had no right to ignore the legislatively adopted portfolio option. No statute limits promotion to grade 4 solely to tests; the Legislature has made clear that the portfolio option is an alternate option that is still available to all of Florida’s children. Section 1008.25(5}, Florida Statutes.

*** Page 14, Item 19 Accordingly, the Hernando County School Board is ORDERED to immediately refrain from further actions contrary to the availability of the portfolio option, and is ORDERED to immediately provide the portfolio option, at minimum, to any parent who has requested one or who requests one going forward.
_________________

Pages 5-6: http://www.fldoe.org/core/fileparse.php/7539/urlt/2013thirdgradeprogressiontap.pdf

STUDENT PORTFOLIOS FOR THIRD-GRADE STUDENTS

B-1. Why would a teacher use a student portfolio?
Section 1008.25(6)(b)4., F.S., states that a student who scores a Level 1 on the grade 3 statewide FSA-ELA may be promoted to fourth grade if the student demonstrates through a student portfolio that the student is performing at least at Level 2 on the statewide standardized assessment.

B-2. When should the teacher and students begin the third-grade student portfolio?
A parent of a student in grade 3 who is identified anytime during the school year as being at risk of retention may request that the school immediately begin collecting evidence for the portfolio.

B-3.  Are there guidelines provided by the state for the third-grade student portfolio?
Yes. As provided in the updated Rule 6A-1.094221, F.A.C., to be accepted as meeting the portfolio option for demonstrating mastery of the required reading skills, the student portfolio must:

•Be selected by the student’s teacher;
•Be an accurate picture of the student’s ability and only include student work that has been independently produced in the classroom;
•Include evidence that the standards assessed by the grade 3 statewide English Language Arts assessment have been met. Evidence is to include multiple choice items and passages that are approximately 60 percent literary text and 40 percent information text that are between 100-700 words with an average of 500 words. Such evidence could include chapter or unit tests from the district’s/school’s adopted core reading curriculum that are aligned with the Language Arts Florida Standards or teacher-prepared assessments;
•Be an organized collection of evidence of the student’s mastery of the Language Arts Florida Standards that are assessed by the grade 3 statewide English Language Arts assessment. For each standard, there must be at least three examples of mastery as demonstrated by a grade of 70 percent or above on each example; and
•Be signed by the teacher and the principal as an accurate assessment of the required reading skills. Additionally, note that the Just Read, Florida! Office has begun creating an updated Third- Grade State Portfolio.

B-4.  Do the same portfolio guidelines apply to ESE students?
Yes. The state portfolio guidelines apply to all students, including ESE students.

B-5.  Is the student portfolio the only tool used for good cause exemption and/or promoting a third-grade student to fourth grade in the middle of the year?
No. The student portfolio and an alternative assessment are the two state-approved options for good cause exemption and mid-year promotion. The student must be offered both options. However, the student must only demonstrate proficiency on one of the options in order to receive a good cause exemption or be promoted midyear.

B-6.  If a teacher is monitoring the progress of a student, is a portfolio needed?
Yes. A portfolio provides ongoing information on how a student is performing on tested benchmarks. There are specific requirements of necessary elements that must be included in a portfolio used for promotion (please refer to question B-3 of this document for the requirements). If a teacher chooses to follow the rigor of the state portfolio requirements, a portfolio may be used for progress monitoring as well as promotion.

___________________

Excerpt of e-mail from Suzan Shaw at FLDOE to Senator Darren Soto – July 12, 2016
asserting that 4th grade placement with mid-year promotion is an allowable option.

____________________

Page 10: http://www.fldoe.org/core/fileparse.php/7539/urlt/2013thirdgradeprogressiontap.pdf

E-3.  Can a third-grade student, potentially eligible for mid-year promotion, be placed in a fourth-grade classroom and then promoted after demonstrating proficiency on the portfolio or an alternative assessment?
Yes. Districts need to meet the individual needs of students. This can be achieved through implementing creative multi-age grouping or a transitional-classroom setting.

E-4.  Why would a decision be made about a student’s placement during the first semester of the academic year?
Students should be promoted midyear or as soon as possible so they receive essential fourth- grade instruction. For example, if a student has attended a Summer Reading Camp and demonstrated mastery of all benchmarks but one, the student could show proficiency in the deficit benchmark and then be promoted to fourth grade. Any student meeting specified state requirements may be promoted midyear.

E-5.  How many samples of proficiency are required for each benchmark in order for a student to be promoted midyear?
In any given school year, a student must have three examples of each benchmark successfully completed on the third-grade level, with a score of 70 percent or above on each example, in order to be promoted midyear. Rule 6A-1.094222, F.A.C. 

Failing to implement a mid-year promotion, will the district adhere to the letter of the law here (below), as it pertains to students retained without any documented reading deficiency? And – Is this happening for ALL students who have been retained?

F.S. 1008.25(7)

(7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE STUDENTS. —
(a) Students retained under the provisions of paragraph (5)(b) must be provided intensive interventions in reading to ameliorate the student’s specific reading deficiency, as identified by a valid and reliable diagnostic assessment. This intensive intervention must include effective instructional strategies, participation in the school district’s summer reading camp, and appropriate teaching methodologies necessary to assist those students in becoming successful readers, able to read at or above grade level, and ready for promotion to the next grade. (Camryn Weaver has no reading deficiency. Wekiva Elementary has already demonstarted that she reads at near 7th grade level)

(b) Each school district shall:

1. Provide third grade students who are retained under the provisions of paragraph (5)(b) with intensive instructional services and supports to remediate the identified areas of reading deficiency, including participation in the school district’s summer reading camp as required under paragraph (a) and a minimum of 90 minutes of daily, uninterrupted, scientifically research-based reading instruction which includes phonemic awareness, phonics, fluency, vocabulary, and comprehension and other strategies prescribed by the school district, which may include, but are not limited to:
a. Integration of science and social studies content within the 90-minute block.
b. Small group instruction.
c. Reduced teacher-student ratios.
d. More frequent progress monitoring.
e. Tutoring or mentoring.
f. Transition classes containing 3rd and 4th grade students.
g. Extended school day, week, or year.

2. Provide written notification to the parent of a student who is retained under the provisions of paragraph (5)(b) that his or her child has not met the proficiency level required for promotion and the reasons the child is not eligible for a good cause exemption as provided in paragraph (6)(b). The notification must comply with the provisions of s. 1002.20(15) and must include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency.

3. Implement a policy for the midyear promotion of a student retained under the provisions of paragraph (5)(b) who can demonstrate that he or she is a successful and independent reader and performing at or above grade level in reading or, upon implementation of English Language Arts assessments, performing at or above grade level in English Language Arts. Tools that school districts may use in reevaluating a student retained may include subsequent assessments, alternative assessments, and portfolio reviews, in accordance with rules of the State Board of Education. Students promoted during the school year after November 1 must demonstrate proficiency levels in reading equivalent to the level necessary for the beginning of grade 4. The rules adopted by the State Board of Education must include standards that provide a reasonable expectation that the student’s progress is sufficient to master appropriate grade 4 level reading skills.

4. Provide students who are retained under the provisions of paragraph (5)(b) with a highly effective teacher as determined by the teacher’s performance evaluation under s. 1012.34.

5. Establish at each school, when applicable, an Intensive Acceleration Class for retained grade 3 students who subsequently score Level 1 on the required statewide, standardized assessment identified in s. 1008.22. The focus of the Intensive Acceleration Class shall be to increase a child’s reading and English Language Arts skill level at least two grade levels in 1 school year. (In order to be in compliance, the district would have to expect Camryn Weaver to achieve reading at the 8th grade level by year end.)

The Intensive Acceleration Class shall:

a. Be provided to a student in grade 3 who scores Level 1 on the statewide, standardized English Language Arts assessment and who was retained in grade 3 the prior year because of scoring Level 1.
b. Have a reduced teacher-student ratio.
c. Provide uninterrupted reading instruction for the majority of student contact time each day and incorporate opportunities to master the grade 4 Next Generation Sunshine State Standards in other core subject areas.
d. Use a reading program that is scientifically research-based and has proven results in accelerating student reading achievement within the same school year.
e. Provide intensive language and vocabulary instruction using a scientifically research-based program, including use of a speech-language therapist.

ADDITIONAL
SCPS FSA Q & A 022515 (2014-2015)
State portfolio guidelines are clearly outlined here as well.

How to Request a 3rd Grade Portfolio

Tags

#180DaysCount, good cause exemption, Judge Gievers, Karen Gievers, Parent Action, parents refuse testing, Portfolio, Portfolio assessment, promotion by portfolio, Third grade, Third Grade Promotion

by Sandy Stenoff

I recently posted a checklist for a statutory portfolio, created by certified teachers, that meets the State’s requirements for a portfolio assessment, using not a series of test bank items, but third grade classwork, which, by the way, includes tests.

What’s going on right now?
Many schools have been welcoming and accommodating, but others have resisted and even pushed back. Some schools have gone so far as to declare that students with no prior history of reading difficulty suddenly have a reading deficiency…. OK… isn’t this the perfect reason why a portfolio should be maintained?

Like many others, I’ve successfully opted my ten and twelve year old children out of testing for the past four years, without incident. The path will be much clearer after the judge rules on the state’s and districts’ appeals and we are all anxious for resolution, but in the meantime, here are some suggestions:

STEP 1:
Develop a relationship of respect with your child’s teacher. It will go a long way to
fostering mutual trust all year long. Necessary. Your request for a portfolio can wait until AFTER Open House. There is too much going on at Open House and you need to have a one-on-one conversation.

AFTER Open House, email and ask for a brief meeting, before or after school to address some concerns and observations.

Print this brief letter out, bring it with you to give it to the teacher at your meeting. E-mail a copy to the teacher and principal after the meeting to maintain a record of your request.

Date:

Dear Ms. Crabtree,

I have concerns about (name)’s performance on testing, which could put him at risk of retention. I am therefore asking respectfully, that a portfolio of classwork be maintained for him.

In order to make this as simple as possible for you, I have attached a sample Third Grade Portfolio Checklist with Portfolio Instructions that meets the state’s portfolio requirements. Other teachers have found it extremely helpful.

Thank you, in advance for your kind cooperation. Please let me know if I can be of assistance to you and if you have any questions. We’re looking forward to a great year in your class!

Sincerely,

That’s it.
____________

Your own checklist of items to print and bring with you to meeting:

1. Brief letter requesting portfolio – 2 signed and dated copies
2. Third Grade Portfolio Checklist 2016-2017
3. Third Grade Portfolio Instructions 2016-2017

Step 2: The meeting 
Be respectful of the teacher (and students). Be on time. You can be frank and let the teacher know that you see and feel a lot of emphasis put on making sure the kids pass a test that isn’t even for another seven months. Tell her you have concerns that although your child is a good student, that you are concerned that he isn’t consistently a great test-taker and one bad day could be a disaster, putting him at risk of retention, so you are requesting that she, please, maintain a portfolio.

Present your letter and let her know that it is not your intention to create more work for her, so you have taken the liberty to share the portfolio checklist with her. The extra copy of the letter is for the principal.

You can choose to discuss opting out of the test or not at this time. I would suggest that unless you feel the teacher will be supportive, that you hold off on this, as long as you know that a portfolio will be maintained, you got what you came for. There is plenty of time to notify the teacher and school that you will be opting out.

If you feel you must advise the school about opting out, let them know that you have done your homework and have considered this carefully. You are taking a stand because you see how testing drives everything in school.

Let the teacher know that you trust her professional judgment and ability to teach and assess your child on a daily basis, far more then you trust a single test on a single day to tell you if your child is learning and developing appropriately and whether your child is fit for promotion or not.

Step 3: If your request for a portfolio is refused.
No need to raise the specter of opting out just yet. If the teacher or principal still resist the portfolio after this, then you can go into more detail.

“To clarify – if you are refusing to maintain a portfolio for Matthew, I’d like to point out that per FS 1008.25(5)(c)7.,

“…A parent of a student in grade 3 who is identified anytime during the year as being at risk of retention may request that the school immediately begin collecting evidence for a portfolio.”

In the interest of making sure that Matthew is able to demonstrate mastery of the standards at the end of the year, please let me know if I can be of help in organizing his portfolio.

Thank you for your understanding.”

This also applies if the school tells you that the portfolio tests are the only acceptable portfolio. It simply isn’t true.

Step 4: Maintaining your own portfolio at home
If you choose not to fight the school and want to compile your child’s portfolio, then you will still need to collect ALL work completed at school to get it all organized.

“As you are not maintaining a student portfolio for Matthew, as I requested, I am formally requesting that you notate the standard(s) assessed on each assignment completed in class and return to me weekly, so that I may keep a portfolio that will demonstrate that he is fit for promotion at the end of the year.”

If you are maintaining the portfolio, all you need is a 3-ring binder and a few dividers. Separate the work into subjects (Language Arts, Math, Science and Social Studies) and save them in date order.
____________

The threat of retention can cause anxiety for many families, but I’d like to ask you to put yourself in the teacher’s shoes for a moment. A curt, demanding letter from a parent can be intimidating and is, at the very least, off-putting. It’s possible for this process to take a few weeks of communicating back and forth, especially if the school invokes the powers of the district. It could be a very simple one time conversation, but it could also be challenging. Be patient. If you start early, you should have ample time.

Help and support are always available to you at Opt Out Florida Third Grade.

NOTE
Many teachers are still unaware that districts were taken to task by Judge Gievers for not doing a portfolio as parents requested early on. They may be unaware that going forward, such refusal may be considered a violation of Judge Gievers’ Court Order.

Feel free to print out these sections of the Judge’s ruling for your child’s teacher if you feel you need the back up:

Summary of Rulings #18, p 13 of 51

Summary of Rulings #40, p 24-25 of 51

Rulings #5, p 49 of 51

This may be all that’s needed, though I’d hate to start the year off this way. Based on your relationship with the teacher, it’s a judgement call on your part.

Try to keep it as simple and as cordial as possible. You CAN assume the best and give teachers and staff the benefit of the doubt, unless they prove you wrong.  There is no need to put anyone on the defensive. Smile.

YES – How can we work together in the best interests of my child?
NO  – Why won’t you do this for me?

Consider for just a moment, that most teachers are not even aware of “Activist World.” Most teachers stay up late grading tests and assignments, working on lesson plans, answering emails from PARENTS. Many teachers sacrifice precious personal time with their own families so that they can do their best for other people’s children.

So parents, please think twice before storming the castle, waving the judge’s orders and demanding portfolios. Parents absolutely have a right to ask for, and to receive a portfolio. But let’s first think of how we can help teachers to understand that we want to work WITH them, that we are doing this because we have more faith in them than we do in a single high stakes test and we support them as the experts.

Teachers should be aware that you are HELPING to make sure that your child is promoted, not retained, which one would also assume could ultimately affect his/her evaluation.

Until now, I have felt that some of the most successful opt outs are done quietly in schools, where there is no disruption caused to your child’s classmates and school.

But is DISRUPTION what is needed to cause an entire paradigm shift?

Disruption in your child’s school (not OK) is different from disruption in the community (very OK).  Disruption doesn’t have to be “in your face” with your school. It can be simply you sharing what you know everywhere. It can look like this car in the carpool line every day. This one happens to belong to a former teacher.

Or it could look like a parent sharing Opt Out flyers at Saturday soccer. (Updated flyers will be available soon after the judge rules on the state’s appeal.)

Disruption could also look like parents addressing genuine concerns at public school board meetings. We must hold those in positions of authority accountable. We can do that by being a voice for our children with those who make the decisions affecting our children’s daily experience in school. If parents are to have an authentic voice in their child’s education, they must not only be informed, but they must help others to be informed as well. That includes school board members, legislators, etc. When you inform them at board meetings and legislative delegation meetings, it’s a public record and you take away their ability to claim, “I didn’t know.”

If we are to take our classrooms back for real teaching and learning, imagine this…

If your child’s teacher knew that none of her students would be taking the FSA, what would be the point of ANY test prep? She would be free to teach authentically and your child would be free to LEARN. Imagine just one classroom like this all year long. Now, imagine all classrooms like this, all year long, across our entire state.

When I asked my son’s teacher to do a portfolio a few years ago, she said it was no problem, because she had already started to do it for a few kids in class, who she felt were struggling. This is nothing new. It has been done, is being done and you have a right to ask. So ask. Nicely.

9/04 UPDATE – 3rd Grade Lawsuit

Tags

#180DaysCount, Accountability, alternative assessment, authentic classrooms, developmentally Appropriate Practice, FLDOE, Florida legislature, FSA, Good Cause Exemptions, High stakes testing, K-12, Opt Out, opt out movement, promotion by report card, real learning, state bullying, The Opt Out Florida Network, Third grade, Third Grade FSA, Third Grade lawsuit

Since last week Friday, August 26, when Judge Gievers ruled most favorably for the plaintiffs in the third grade lawsuit, it feels like we’ve been on a rollercoaster. As soon as the judge’s ruling was made public, Orange County filed their prepared appeal, to which OCPS legal counsel referred many times during the course of the nine hour hearing at the beginning of that week. Soon after, Hernando, Broward and Seminole Counties followed suit.

In effect, these districts are opting out of following the judge’s ruling and court order. The public may want to know who is funding these appeals, which have disappointed many, but surprised few.  Parent, Jinia Parker wrote a stinging and stellar open letter to Florida school boards,

“I will not accept “our hands are tied” ever again. Throughout history, “I was following orders” has been the excuse of cowards and those who lack honor. I’m not asking for anything extraordinary. I am asking that school boards in Florida do the right thing.”

Last week, three of the children in the suit from Hernando County, who had their rights upheld by the Court, showed up eager to start school in the fourth grade, as Judge Gievers had ordered. In a brazen and cruel move, Chocachatti Elementary School told the children they could go to the fourth grade, just not there. Details are spelled out here, here and in the Tampa Bay Times editorial below, but suffice it to say that if the school had followed the law in the first place, the children would have been promoted in June and there would be no reason for them to file a lawsuit. Their parents would not have had to protect them from the emotional abuse of repeating a grade, out of which they had earned their way the year before.

The two Seminole County families were directed by the judge, to first seek administrative relief with their district. Seminole County Public Schools told the parents that their children would be promoted IF they take and pass the same test items to make up a portfolio or the IOWA, both of which they had refused before… Stalemate.

So did the judge say they could go to the fourth grade or not?

There has been some confusion surrounding the Third Grade families’ lawsuit and the attached motion for injunctive relief.

First, this case is not over. The motion for relief was just the first step, that had to be addressed before the suit can get under way.

The families are challenging the Florida Statutes and how the FLDOE and school boards are applying the statutes to disadvantage the children and children across Florida.  The State is failing to apply the exemptions provided in the statutes. They are retaining children just for non-performance on testing in violation of State law. The Court ruled favorably to the families on many of these issues and if you have read the ruling, you know what they are.

So why doesn’t it feel like the children are winning?  Why are the children still in 3rd grade?

The children ARE winning… but the process takes time.

Here is what is happening:

Attorney Mogenson asked for emergency relief on behalf of each child.  Judge Gievers granted relief only to some, in spite of the request.  This may not have been clear, because the judge did not allow for closing arguments.  The emergency relief sought is promotion to the 4th grade, based on report cards.  The judge, while favorable to our point of view, felt that the LAW limited her as far as EMERGENCY relief.  So she gave some relief (but not all that was asked for) to some of the children.  These issues will also be addressed in the trial ahead.  Her ruling stated clearly, however, that she saw violations of the law, for which relief cannot yet be granted.

Second, one problem for the families is that the order that is in place right now is not yet enforceable.  While districts could voluntarily comply, since it has been pointed out to them what the law is, the decision to enter the order is the subject of an appeal which stays (or puts on hold) the enforcement of the order and additional proceedings.

Mogensen has petitioned the trial court to lift this stay and the court’s decision about this is currently pending.  The judge will either lift the stay and the order will become effective, or the families will have to wait for the end of the appeal and our hope is that the families would prevail on appeal.  Assuming that one of those things happens, the order would then become immediately effective.

And finally, this battle is far from over, but it is a battle. And it will be a costly one.Public support will be crucial to keep it going. Remember that only the request for emergency relief has been ruled on.  The lawsuit, as a whole, has not even been presented in court as yet.

The amount of work for this case is enormous, because there are so many families, so many facts, and so many different district responses – layers of laws that are not being followed.  In addition, there are multiple lawyers for each defendant on the other side, who are all spending hours (and public resources) filing challenges to everything.  Many of the challenges have been of an emergency nature, which has required emergency responses.

The court of public opinion seems, overwhelmingly, to be in our favor.  We are all anxious to see results for the children and for decisions that will have far-reaching implications. We encourage everyone to remain patient and remain supportive as this unfolds. The families and attorneys are doing important work that could benefit all children.  They are committed to seeing this through and are in it for the long haul.  The Court seems inclined to agree with our point of view.

Public awareness of the lawsuit is growing, both statewide and nationally. Social groups and news networks are picking it up. Parents are discussing it in grocery lines and on the soccer sidelines. This victory with the motion granted and the judge’s stern rebuke of the state and districts’ utter manipulation of the law to their own ends has been a thing to see.

Many parents have shared with us that, because of this lawsuit, they now believe there is more reason than ever to push for change. We are steadily chipping away at madness that has been high stakes standardized testing.

We have received so much feedback from the public about the lawsuit. We wanted to share this in particular, from a retired lawyer to the plaintiffs:

“I am a “mommy-retired” lawyer, and this sort of “bury them with motions” crap makes me ill. Good luck with everything. Don’t let them push you all around. Opposing counsel are about winning, which is the name of the game in law (and they are doing their jobs, sadly); however, the DOE is failing to consider the optics here. How does it look to the parents of this state that the department our tax dollars support is playing hard ball with third/fourth graders and their parents?? Bad, bad move, DOE. 

Thank you all so very much for taking this on for the rest of the state. Seriously. Thank you. We are indebted to you for the heartaches of your children, the headaches of the legal process, the money, the time, etc. Please know that there are people watching this with gratitude and prayers for a positive outcome for all.”

The response from one of the plaintiff families:

“I have to tell you this made me cry. Because of everything we have gone through with this fight, I have questioned my decision to fight nearly by the hour. I am trying to teach our child…we can do hard things…we can face challenges with poise and dignity by always doing what we believe is right and just, even when it’s hard…even when there are bullies. Thank you for your support.”

Media coverage has consistently reported the public’s frustration with the DOE (even school districts’ own frustration with them) and about our outrage over how some of the plaintiff children continue to be mistreated by their school districts and their schools, even after the judge’s ruling.

We all rely on the press to hold our government agencies accountable to us, the public.  It is reassuring to see the press holding the districts’ and the FLDOE’s feet to the fire.Yesterday alone, the lawsuit garnered two editorials:

From the Tampa Bay Times:

Editorial: Hernando school district loses lawsuit, punishes kids

“Reason flew the coop in Hernando County, to be replaced by cruelty… Florida’s high-stakes testing system is bound for a reckoning. Too many parents don’t trust the tests or don’t agree with the philosophy behind accountability. The opt-out movement is getting louder, and more lawmakers are listening. District officials look like bullies who, unable to defy a judge, picked a weaker target: fourth-graders.”

From Steve Sabato, Director of Community Engagement for ABC7, Sarasota:
“Civil disobedience is democracy’s way of saying enough is enough.”

We couldn’t agree more.

Please donate to support the legal fund: https://www.gofundme.com/StopGr3Retention

On behalf of the families, thank you for your continued generosity and encouragement.

 

Open Letter to Florida School Boards

Tags

#180DaysCount, Accountability, alternative assessment, authentic classrooms, BPS, Broward Public Schools, bullying, developmentally Appropriate Practice, FLDOE, FSA, Good Cause Exemptions, harmful educational practices, HCSD, Hernando Public Schools, High stakes testing, intimidation, Judge Karen Gievers, K-12, Making kids cry, OCPS, opt out movement, Orange County Public Schools Broward Public Schools, Portfolio assessment, promotion by portfolio, promotion by report card, real teaching, Retention, retention lawsuit, SCPS, Seminole Public Schools, state bullying, Teachers, The Opt Out Florida Network, Third grade, Third Grade FSA

For years, school boards have been telling parents how much they sympathized and empathized with us, as we have pleaded and protested to make a year of school count for more than one test.  There are districts doing right by the children and promoting them, as the law specifies. However, immediately following Judge Gievers’ ruling last Friday, effectively “untying the hands” of all school districts in Florida to do as parents have requested and use a portfolio assessment (not the same as the state’s portfolio test bank), Orange and Hernando Counties filed their already prepared appeals. It’s clear now, that the boards’ chants of, “Our hands are tied” were just excuses to not do better. Sadly, yesterday, Broward and Seminole Counties followed suit, in defiance of the judge’s orders.

In response to the districts’ motions for appeal, this “Open Letter to Florida School Boards” was penned by parent activist, Jinia Parker of Pinellas County. We couldn’t have said it better and we are sharing it here with permission:
____________________

Dear Florida School Boards,

Parents, educators and activists have reached out to you for years, asking for your help and guidance. Again and again we got the same messages.

“Our hands are tied.”
“We must follow the law.”
“We wish we could do things differently, but…”

The order issued last week by a Florida Court finally freed those hands completely as the judge’s order made it clear that the districts had not been following the law (as directed by the purposely absent hand of the FLDOE).

I waited for the celebration from the districts. Finally! Those hands were freed and with them, so too, our kids. Finally! School boards were free to follow the statutes plain language AND with the support of the court. Finally! You could authorize superintendents and principals to promote all those proficient students to fourth grade, saving tax dollars & reducing the harm already done to them under your authority. Finally! School boards could recognize, as it was demonstrated plainly in court, that the FLDOE does not have your back. Finally! The focus of school districts would be our students, not serving the illegal mandates of the FLDOE.

That isn’t what happened.

First, Orange County Public Schools appealed the judge’s ruling, followed by Hernando, Broward, and sadly, Seminole Counties. The FLDOE’s appeal is expected, but I’d rather the districts hadn’t raced them to do so.  Though it shows us who is who.

This speaks volumes about those districts, demanding free hands to continue harm against students. If you think parents won’t be aware, you are wrong. I believe the impeachment of any elected official, seeking to continue harm to children by refusing to follow a court order is not only appropriate, but the only appropriate action. I’m asking that they resign right now. I have little hope of that, given the complete lack of honor with which these districts (and therefore school Boards) have approached the last school year (and more) on this subject.

I will not accept “our hands are tied” ever again. Throughout history, “I was following orders” has been the excuse of cowards and those who lack honor.

I’m not asking for anything extraordinary. I am asking that school boards in Florida do the right thing.

These families, including children, chose to be honorable and brave. You should try it.

Out of patience,

Jinia Parker
#180DaysCount
__________________

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