When a third grade student in Florida fails the FSA, or opts out of the FSA, they will need a Good Cause Exemption to be promoted to the fourth grade. Parents will need to work with their child’s school to make that happen. The Alternative Assessments allowed by the State for a Good Cause Exemption can be another test, but it can also be a portfolio; a TRUE portfolio, not a battery of secret mini-tests from Florida’s Item Bank and Test Platform.
Kevin Foster is a Lake County father and Administrator forOpt Out Lake County, who opts his child out of the FSA. As a result of advocating for Lake County to include a true portfolio in the district’s Student Progression Plan (SPP), the Lake County SPP now includes language (just one phrase) that supports the use of a true portfolio, for a Good Cause Exemption. A TRUE portfolio is a collection of your child’s work throughout the school year.
Some districts already include this language in their SPP, but some do not. Some districts, which have true portfolio language (which comes directly from Florida Statute) in their SPP, do not comply with that SPP. Only parents can hold their feet to the fire.
Here’s what Kevin shared:
After several unproductive meetings with various Lake County School District administrative officials, my wife and I were invited by Superintendent Kornegay to sit down for a discussion regarding the Portfolio option as a Good Cause Exemption from 3rd Grade Mandatory Retention. We discussed a wide range of topics including participating, but minimally, in the FSA, DOE Rule 6A-1.094221, and the results of the (then recently decided) lawsuit by 3rd Grade parents against the State and several school districts.
We explained our view that opting out, or minimal participation (signing the test and pushing it away without answering any questions), satisfied the statutory requirement that all students participate in FSA testing.
We also pointed out that there was a key part ofRule 6A-1.094221that was seemingly being ignored by everyone, which stated that, “chapter and unit tests from the district’s/school’s adopted core reading curriculum could be used as part of the portfolio.”
We also explained our view, that it was a waste of precious instructional time to remove a child from the classroom in order to give them a battery of mini-tests from Florida’s Item Bank and Test Platform.
And, we pointed out that the (then) recent Appeals Court ruling against parents answered a key question about who has the final say on promotion to 4th grade. The Court said it was the Superintendent (not the FLDOE). We explained that this meant that the process was intended to be a bottom-up thing, rather than a top-down thing, and that teachers and principals should be allowed to make a recommendation for promotion if they believe the student deserves to be promoted.
At the end of that meeting, Supt. Kornegay asked me directly, “What do you want me to do?”
I replied, “I want you to put this specific language about the portfolio from FLDOE Rule 6A-1.094221 into the Lake County 3rd Grade Progression Plan.”
It said (referring to the portfolio Good Cause Exemption), “Such evidence could be selected from… chapter and unit tests from the district’s/schools’s adopted core reading curriculum.” This may seem like a small thing, but it’s not.
The very next time that the Progression Plan was up for a vote before the School Board, that language was included in the draft version, and the Board voted to approve it. It’s been there ever since. (You can find it on Page 36 of the Lake County Progression Plan which can be downloadedhere.
Well… the Chapter and Unit Tests are the work that your child does throughout the school year. It’s a true portfolio. If your child does well on those chapter and unit tests throughout the year, there should be no (or very little) need to remove them from class to create a portfolio based on the Florida Item Bank and Test Platform. Some of those Item Bank mini-tests may still be necessary in order to round out your child’s portfolio if they don’t have all 3 examples of each of the 22 standards. (Also, keep in mind that they must score at least a 70 for each of those to count as a valid example.)
What if your school insists that they will not start a portfolio for your child until AFTER the FSA has been administered?
As I see it, you have two options. You can either educate yourself about the standards and attempt to collect the portfolio items yourself as they come home from school with your child, or… you could lean on this specific note from the top of Page 37 in the Progression Plan. It’s also in the FLDOE TAP with Rule 6A-1.094221 and Florida Statute cited.
“Note: 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 the portfolio assessment process.”
If you write a letter to your school principal announcing your intention to opt-out/minimally participate in the FSA, that act alone should immediately “identify” your child as “being at risk of retention,” since retention is mandatory without a passing grade on the FSA. I cannot guarantee that this part of the process will work, but if you think about it, it makes a certain amount of sense. Be prepared to fight for that “at risk” identification.
If your child’s teacher agrees to develop a portfolio, you should request to examine it from time to time to make sure it’s being maintained. Parents in other districts have been told that a portfolio would be developed, only to find at the end of the year that it was not. You do not want to get to the end of the year and not have that portfolio documenting your child’s proficiency of the standards.
You should also be prepared to compile the portfolio yourself. If you find yourself in this position, you’ll need to make sure that every “chapter and unit test” which is graded gets sent home to you for your collection. Every one of those “chapter and unit tests” should include a notation regarding which standards are being assessed. Note also that a single question may provide for more than one example, and for more than one standard. (Remember, 3 examples of each of the 22 standards are required.) The sooner you get started compiling the portfolio, the better.
One final reminder: I cannot guarantee that this will work. But, it is the process that I envisioned when I asked Supt. Kornegay to add that specific language to our progression plan.
Remember that opting out is an act of civil disobedience intended to challenge/change the current system. It requires courage and tenacity, but…. if successful, you will have blazed a trail for others to follow.
Good luck. ___________
“The statewide, standardized English Language Arts assessment is not the sole determiner of promotion and that additional evaluations, portfolio reviews, and assessments are available to the child to assist parents and the school district in knowing when a child is reading at or above grade level and ready for grade promotion.” (Section 1008.25(5)(c)6, F.S.)
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 6th grade level. She is in 4th grade math, but 3rd 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 4th 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 4th 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 4th 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.”
* 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. _________________
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. ____________________
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 resultsin 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.
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:
“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.”
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
__________________
==>> TAKE ACTION: Use #180DaysCount
Tweetable link: bit.ly/Ltr2FLSB
@BrowardSchools
@HernandoSchools
@OCPSNews
@SCPSInfo
@EducationFL
@BetterSchoolsFL
@FLGovScott
@FloridaEA
@FloridaPTA
Today, in districts across Florida, the school year began and children are moving on up to the next grade. But many proficient children, who proved their skills for 180 days in the Third Grade last year, are not joining their friends in the Fourth Grade.
In response to the districts that say their hands are tied, courageous parents of retained third grade students have taken their fight to a Court of Law. It’s officially on the books in Tallahassee now, folks and lawmakers are on notice. This suit is an indictment of test and punish accountability systems everywhere. A positive outcome from this case will have repercussions nationally – for the benefit of ALL children in public schools.
The families’ legal fund still needs $2,270 to meet their goal of $17,000. Please show your support for these families by donating now: https://www.gofundme.com/StopGr3Retention
The emergency motion for indicative relief seeks immediate relief for students currently retained in the third grade, who are without a documented reading deficiency.
Introduction
Parents of students who received report cards with passing grades—some of whom were honor roll students—seek emergency declaratory and injunctive relief alleging that, because they opted out of standardized testing for their child, defendants arbitrarily and capriciously interpreted statutes and rules in a manner that requires retention, rather than promotion, of third grade students. The result is that students with no reading deficiency are retained in the third grade solely because they opt-out of standardized testing. Defendants’ policy means that a third- grader who takes standardized tests and scores poorly—whether intentionally or not—can still be promoted. Yet, an outstanding student who regularly produces proficient school work in the classroom for which they receive passing grades will be retained simply for not taking a standardized test that they are permitted to opt of under the Florida Statutes. Because the receipt of federal dollars is at stake unless 95 percent of students participate in standardized testing, test participation is treated as more important than actual performance. These actions produce an arbitrary and capricious result that violates the Equal Protection Clause and the Due Process Clause.
Nature of the Emergency Emergency relief is warranted because Honor Roll students with no reading deficiency who earned passing grades will be retained in the third grade for the school year beginning in mid-August 2016. Plaintiffs did not receive notice that their child would be retained under the mandatory retention provision until late in the school year or after the school year had concluded.
School districts across the state concede that they dropped the ball on the portfolio exemption because the Department of Education gave inconsistent guidance throughout the school year on what is required under the student portfolio exemption, which is provided for in Fla. Admin. Code Ann. r. 6A-1.094221 and Fla. Stat., § 1008.25(6). The irreparable injury caused by such actions warrants emergency injunctive relief because similarly situated students are treated quite differently without any rational basis or legitimate governmental objective. Absent emergency relief, the Plaintiffs will suffer irreparable harm by having to repeat the third grade, which will cause devastating effects to students with no reading deficiencies who actually earned passing grades.
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“School administrators said that without the late-arriving third-grade test scores, they made retention decisions by reviewing class work, local test scores and teacher recommendations. And they decided some students would do best moving onto fourth grade and getting extra help there rather than redoing third grade.”
“Sarasota attorney Andrea Mogensen is representing Chastain and 13 other parents from Hernando, Seminole, Broward, Orange, St. Lucie and Osceola counties. She said because retention will affect the students in August, she may seek an injunction so they can progress to the fourth grade.
“Because of the time-sensitive nature, the parents have a very small period of time to respond,” Mogensen said. “They found out in mid-June that their child will be retained, which will have an effect in August, so yes, we will seek injunctive relief.””
“These “courageous parents” 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 – a more authentic assessment than any single test could possibly be,” the opt out group said.”
“If successful, their effort could have widespread effect. Florida’s third-grade retention law has been replicated throughout the country as other states seek to hold schools accountable for student learning.”
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Despite decades of research findings that the practice of third grade retention is damaging and costly, the State of Florida is one of only sixteen states, which continue such a harmful, misguided and fiscally irresponsible practice.
This past spring, hundreds of families consciously chose to participate, though only minimally, in the Third Grade FSA and their children, therefore, received no test scores. Many students (including many who failed the FSA), were promoted based on additional testing/alternative assessments, such as the SAT10, IOWA or the state’s battery of “portfolio tests.”
Courageous parents have refused all further testing for purposes of promotion. 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.
These third grade students from across Florida, who have been proven proficient, or who have otherwise proved they met state standards, are, nevertheless, marked for retention, simply due to the lack of a state test (FSA) score. Their families are legally challenging the Florida Department of Education and the enforcement of mandatory third grade retention.
The goal is to have the statute, which allows third grade retention, found unconstitutional and unenforceable. The implications of a positive outcome from this case are significant and far-reaching.
The case is moving forward immediately and the initial cost of $17,000.00 must be raised as soon as possible. These funds will cover the attorney’s retainer, filing fees and court costs.
On behalf of the courageous families, who are pursuing this important legal challenge, The Opt Out Florida Network is the single point of contact for information and we are accepting donations to support this important effort.
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To better understand the damaging effects of grade retention…
Dr. Shane Jimerson, of the University of California – Santa Barbara is one of the most recognized experts on grade retention. He has published numerous journal articles related to grade retention and social promotion:
In Just Read Florida’s Read to Learn, the Florida Department of Education (FLDOE) is clear:
“The purpose of retention is to give children who have substantial reading deficiencies more time and the intensive instruction they need to catch up in reading.”
There are decades of solid research and scholarly articles about why third grade retention is not only not beneficial for students, but is, in fact, harmful. Therefore, if a student has no documented reading deficiency, it is even more obvious that no one is served by retaining a child simply because they are lacking a single test score. Not teachers, not schools, and most importantly, not the student. The opt out movement seeks permanent change for all children, with research-based decisions. Third Grade retention goes against all accepted scientific research about the best practices in education.
Florida law is clear:
FS 1008.25(5)(c)6. 6. That the statewide, standardized English Language Arts assessment is not the sole determiner of promotion and that additional evaluations, portfolio reviews, and assessments are available to the child to assist parents and the school district in knowing when a child is reading at or above grade level and ready for grade promotion.
“As superintendent of Pasco County Schools, I want to make it clear that I have no desire to retain third graders who clearly demonstrate that they have mastered state standards. Retaining students not only has questionable long-term benefits for the retained student, it also adds to the cost of educating them.”
And yet, as the school year has ended and satisfactory report cards have been sent home, many third grade students across Florida, whose report cards proved them proficient, but whose parents opted them out of testing, have been either retained (here, here and here), scheduled for summer school or further testing (SAT10, IOWA) before their districts will promote them. These children minimally participated in the FSA by sitting for the test, but did not complete the test and received no test score.
Throughout this post, I will refer to “portfolio tests” and “student portfolios.” This is an important distinction. The state has seen fit to “help us” by creating a bank of test items, which they call a “portfolio” (don’t forget the air quotes). That is not a portfolio. It is a series of tests (in some cases as few as 15 in Seminole or as many as 42 in orange), which cover the requirements to meet the required standards.
Some districts have promoted students without test scores (see here), confident that the children’s (satisfactory to excellent) report cards are evidence that they met the required standards to prove their mastery of third grade. Some children are in retention limbo, waiting for their districts to make final decisions to promote them or to continue this farce of retaining proficient children. Other districts, having foreseen this exact predicament, administered the state’s portfolio tests, some from the beginning of the school year, and were able to satisfy the good cause exemption from retention. Still other districts administered the SAT10 or the IOWA, post-FSA, both with and without parental knowledge, and promoted some of the children.
Parents, who opted out of the Third Grade FSA are testing the system and have also refused all manner of standardized testing. They are demanding that the districts promote their children based on their work, done throughout the school year. These courageous parents are not afraid of tests. A portfolio may contain many different kinds of tests and assessments done throughout the year. They object to the standardized tests which are used, not in service of their children’s education, but for the data used to rank and sort their children, teachers and schools, adding to the culture of incessant test prep which eats up valuable instruction time all year long. They object to promoting (or retaining) their children by a single test score, which denies teachers’ professional integrity and their children’s hard work. Reliance on a single test score denies the worth of a year of teaching and learning in the classroom.
Children with no FSA scores and NO reading deficiency are STILL at risk of retention. Many of us in the opt out movement believe strongly, that without evidence of a documented reading deficiency, a report card should suffice to promote a child from the third to the fourth grade. Most school districts either don’t agree, disbelieve this or they dismiss it. From our perspective, the only acceptable alternative assessment is the assessment of a student portfolio – a collection of a student’s independently completed work from the classroom, done throughout the school year.
“…nowhere in the state law does it say that a child with a poor score, or no score, must take an alternate test to the Florida Standard Assessment before seeking a portfolio option. In fact, the law offers a portfolio as an equal good cause exemption to an alternate assessment…”
In the absence of an FSA score, and in spite of having administered the IOWA twice in the year, Seminole County remains adamant about using only the SAT10 or the state’s portfolio tests for good cause exemption, instead of an actual portfolio of independently completed work, which, if the standards have been taught in this stellar district (7th out of 67 districts), all students should have. There should be no reason why the work would not match the standards.
In Seminole County, third grade students are among the most heavily tested in the state and are subjected to:
FSA – March through May
IOWA – October and April/May
Trimester exams – every 12 weeks
Progress monitoring Assessments – 3 times/year
Scholastic Reading Inventory – 4 times/year
This is in addition to Accelerated Reader, used to derive Lexile scores and all of the computer adaptive competency-based online tests, such as iReady and SuccessMaker, among others. Why insist on the portfolio tests, which is really just MORE testing, about which teachers have said repeatedly that very few third graders can pass because they are above grade level?
If schools are teaching the standards, a student portfolio would be proof that required standards are met. What reason then, could a district have for not using such a portfolio?
Consider…
If a teacher is not meeting the statutory requirements from their unit assignments or chapter tests, this begs the question: Why not? If a teacher does not have at least three pieces of evidence of students’ mastery for each standard, what is the teacher doing? If a teacher is concerned that the assignments they give through the year may not satisfy this requirement, that’s another question entirely. If a teacher says: “This is too hard” or “This is more than what I’m doing”, we can respond by asking: “Then, what exactly, ARE you doing?” Remember, our teachers are teaching the standards. And if they are not, that is where the Principal comes in. That’s a conversation to be had with the Principal and the Teacher.
The assessment of a student portfolio is, without question, the best test of a teacher’s and a district’s accountability, which is what the opt out movement supports. The student portfolio is the best evidence of a child’s work, on good days and bad, under the guidance and direction of a trained professional for all 180 days in school. When parents opt out of allowing the FSA to be the sole determiner of their child’s fitness for promotion, they entrust the authority of assessment where it belongs: in the teacher’s hands.
“What’s happening in third grade and throughout the state is we’re devaluing our teachers in third grade by saying it really doesn’t matter what you think, it doesn’t really matter what you say if they fail this test,” MacIsaac said.
The opt out movement is the strongest grassroots advocacy movement supporting teachers’ professional autonomy and authority, stronger than the PTA (where’s the T?), stronger than the two national teachers’ unions (NEA and AFT), which, in the past, have repeatedly avoided partnership opportunities to defend their own teachers’ classroom authority. Many teachers don’t even realize that this movement supports them, nor do they clearly understand how we do so. This is a reminder that the Florida Education Association has posted informational resources from The Opt Out Florida Network on the FEA website for teachers (also here).
Florida statutes and the Oct 24 2014 Student Progression Technical Assistance Paper both state that parents can choose a student portfolio as an alternative assessment and that a student need only pass ONE assessment to be promoted to the fourth grade. Nothing in Florida statute or the Student Progression Plan states that parents may/shall/must be denied the option to use a student portfolio as a good cause exemption – for any reason. AND the FLDOE has said there is no hierarchy of good cause exemptions, therefore, none is more or less valid than any other.
The FSA validity report said that the FSA does not fully align with all the required standards. (The DOE did counter by saying that almost every question did match a standard… just not necessarily the one it was claimed to match.) Since the requirements for a student portfolio do match the standards, a satisfactory student portfolio actually exceeds the standards tested by the FSA. A student portfolio is superior evidence of a student having mastered third grade requirements.
A portfolio is not simply a collection of a students work. A satisfactory portfolio must meet State requirements, and the requirements are not a breeze. The FL DOE clearly details the requirements for a student portfolio here:
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-8. Can grade 3 English Language Arts items from the Florida’s Item Bank and Test Platform be used as part of a student’s third-grade portfolio for good cause exemption or mid-year promotion? Yes. Items used in a student portfolio must meet the specifications stated in question B-3 Rule 6A-1.094221, F.A.C. NOTE: B-8: “…part of a student’s third-grade portfolio…” School districts have mistakenly turned Florida’s Item Bank and Test Platform (a series of tests) into the entire “portfolio.” This is a mistake, it’s lazy and parents should not accept this.
A student portfolio and portfolio test items are not interchangeable, nor were they intended to be. There is nothing in the state statutes, which supports having to use the state’s portfolio tests over a student portfolio. AND – Parents have the right to request it. No district can legally deny that option to parents, if it is requested.
Adopted Core Reading Program – consists of end of chapter or unit tests; and
Teacher, school or district-prepared assessment examples.
IMPORTANT NOTE:
NOWHERE does it say that a portfolio must utilize ANY content from the IBTP.
At the June 14 Orange County Public Schools board meeting, Vice Chair, Nancy Robbinson provided a strong statement of support for the use of an authentic portfolio to promote children who have no test score. (Watch from 2:07:39)
Nancy Robbinson stated:
“At our last board meeting, several weeks ago, there were some comments made that implied that… parents were harming their children by having them minimally participate and not take the FSA. And I just have to defend those families. It’s their choice to send their child to public school to begin with; their choice to have their child participate in all the different things we offer. I understand that in the Third Grade, state requirements says that they have to take the FSA, but there are other options.
If you read the statute, there’s are other options. There’s a portfolio statute, that you can start at the beginning of the year. Up until recently, it used to be that the portfolio was really there for teachers, for students that they felt wouldn’t be promoted, because they might not pass the test.
But through this little bit of crisis we went through, going back and forth like Mr Katz said, where the DOE threw the school boards, the districts under the bus, through that, I think we’ve all determined, if you really read the statute for what it really says, and it’s very clear – The teachers CAN choose the portfolio items that they want their students to have. And we’ve found that some of the teachers did a really great job of providing the proper work. When several of those families came in (I didn’t work with every family. I only worked with 8 that came to me. There were some that already been worked with through the same dept.) They came in and their work was so phenomenal that they just went tick, tick, tick, tick and met all the standards. It was really phenomenal.
So that led me to think – Why can’t we use the statute that the DOE is saying is our prerogative to do and be a little more proactive, now that we know this is available, rather than having to be reactive and scramble at the last minute? Why don’t we put out the information at the beginning of the school year – to the third grade parents, to the third grade teachers, to the principals, to the reading coaches and explain the statute – explain what their options are and explain what it looks like?”
Why indeed?
Some schools have said that they are not allowing the use of a student portfolio (not portfolio tests) because it is too time-consuming for the teachers. Some have said that the work alone does not show clear evidence of having met the standards. If the standards are what are being taught, then this should not be possible and that is not a problem solved by more testing.
Numerous teachers, including my children’s teachers from years ago, have stated that creating a portfolio as the work is done, is really just a matter of marking the standards required and assessed in school and saving the work in a simple folder. Social Studies and Science can be used to cover the informational text requirements.
Compiling a portfolio is not new and it is not rocket science.
This doesn’t have to be a complicated process. Parents need only request early on in the school year, that a portfolio be maintained because there is a risk that their child may be retained, and they need to request to examine the portfolio from time to time. This is necessary because in numerous instances, parents have been told that a portfolio was being maintained at their request, and then too late, found that it was not the case.
Parent and high school teacher, Joshua Katz spoke compellingly at the same board meeting and addressed the fact that his daughter, Abigail was promoted to the fourth grade without a test score by using a portfolio as her good cause exemption.
Wouldn’t a portfolio be a far more authentic, effective and informative assessment of a student’s progress than a one day snapshot? It would certainly provide immediate feedback for teachers and students – and it is there for immediate reference.
Three years ago, when my son was in the Third Grade in Orange County, I quietly asked my son’s teacher at the start of the school year, to maintain a portfolio because I would not be allowing him to take the FCAT. She said that it was no problem as she had already started a portfolio for a few students in the class, who she felt might be at risk. She was kind enough to ask if there were any other tests I wanted him not to take. I opted him out of iReady, AR and benchmark testing. I remember being concerned that there might not be enough “data” to promote him. A veteran Third Grade Teacher reassured me that there wasn’t any “data” that could be gotten from the online assessments, benchmark tests, etc. that my son’s teacher wasn’t able to get in the course of the day. She further reassured me that the data the teacher would get would be higher quality data, with which to immediately inform her instruction of my child.
My son was promoted without incident. There was ample evidence of his mastery. Because his teacher knew that he would not be taking “the test,” she was free to really teach him outside of the test prep box… and he was free to really learn.
Many parents and teachers believe that Florida Statute says that without a documented reading deficiency, a satisfactory report card should suffice for promotion from third grade to fourth. Retention is (supposed to be) a remedy for a reading deficiency (not punishment for opting out). Although it shouldn’t be, promotion to the Fourth Grade in Florida can be a mysterious thing. If there must be an assessment used to promote a child, then a portfolio is the assessment of choice.
At yesterday’s Orange County Public Schools board meeting, Joshua Katz addressed the successful promotion of his daughter to the Fourth Grade – without a test score. That’s right. A third grader in Orange County, Florida was promoted to the 4th grade based, not on any standardized test score, but on a portfolio.
This video is confirmation that Third Graders CAN be promoted, WITH an authentic portfolio. TO BE CLEAR – by portfolio, I mean a portfolio in the true definition of the word – a collection of a student’s actual work, representing 180 days of real teaching and real learning. This is confirmation that students CAN be promoted WITHOUT a test score and WITHOUT the series of 42 separate mini-FSA tests the DOE calls a “portfolio.”
A real portfolio, however… that’s officially a thing. A good thing.
Here is the full text of Joshua Katz’ address:
I come to you tonight as a parent and only a parent in OCPS. Two of my three children are enrolled in elementary school. I have two rules for my children when it comes to school –
Rule #1: LEARN
Rule #2: HAVE FUN.
This started two years ago when I asked Abigail, “How was your day at school?”
She said, “I was on green.”
Her entire day at school was dependent upon an adult’s subjective assessment of her behavior. It tore me up. So, I sought to protect my children from school in order to ensure that they had an education, and I made up my “Two Rules.”
Rule #1: Learn Rule #2: Have Fun.
I would then allow everything that is good and right in education to work, and I would fight against anything wrong in education.
Abigail just completed her Third Grade year with a straight A average (and straight O’s too). She knows full well what we all know: that the Florida Standardized Assessment Program has no place in this process we were born with: to learn and have fun doing it.
On the evening of the last day of school on June 8, after several attempts for closure at an earlier time, I received the phone call and the e-mail that Abigail was to be retained in the Third Grade. And I was ready.
Over the past three years, I have been one of many parents who have attempted to fight what is wrong in education. Many parents have spoken to you about this fight. Many parents have invited you to join this fight. Over the past three years we have heard the same argument: that is state law, that we must fight Tallahassee, that it’s not up to you, and that as some of you have said repeatedly “that we cannot interpret state statute(go to 7:10 on video link).”
And then, two weeks ago, the Florida Department of Education (as they threw the school districts under the bus) made it crystal clear that we, the parents who have been fighting for the past three years, were not the ones interpreting state statue. The parents that have addressed you over the past few years, and especially over the past few weeks, have NOT INTERPRETED state statute. We simply READ them. They are CLEAR to us. It has been the DOE, it has been the districts, and it has been the schools that were INTERPRETING the state statutes all along, NOT US. For example, I had tried unsuccessfully all year to convince the teacher and principal that a “teacher-created portfolio” actually existed. The district even discounted this truth until the DOE reaffirmed it recently. And even though the statute clearly says it is signed off by the teacher and the principal(see page 6, B-3, 5th bullet point), I was still communicating with upper level district administrators regarding Abigail’s classwork for the year. Even to the very end, it was not me interpreting statute. I simply read it. It is clear.
And now, because of the hard work of her teacher, the patience of her principal, a few special people here tonight, and because of our commitment to Justice (just read any e-mail I send), Abigail, my Straight A Student, who LOVES LEARNING, and fights for what is right in education, is to be promoted to the 4th Grade.
It took a lot of back and forth, it took far too much stubbornness on my part, but we did it. This fight has enabled me to give my children something that not many of my colleagues, leaders, or other adults have: COURAGE; the courage to fight for something that is right.
I will continue to fight for what is right in education, protecting a student’s love of learning, protecting the teacher’s professionalism and authority, and I am extremely proud that my children are fighting alongside of me.
Thank you.
Joshua A. Katz
Joshua Katz is a parent, a high school math teacher and a vocal advocate for public education. He blogs about education at Greater When Heard and you can see more of his advocacy work in these videos:
Amazing families across Florida are standing up for the rights of all children. Awareness is growing… rapidly now. Communities are organizing to support the children and their families, who are in their district’s retention crosshairs.
Many eight year old children, whose parents opted them out of the spring FSA, are being threatened with retention by their schools and districts, simply because they have no test score. Officially. In writing.
This is happening, even as the schools admit that these children have no documented reading deficiencies. Some are reading years ahead of grade level. This is happening even though Florida Statutes says
The parents are standing strong and insisting that their children be promoted based on 180 days of real work with their real teachers – minus all the days of test prep, of course.
Seminole County parent, Gabi Weaver, whose daughter reads at an eighth grade level says,
“I could let her take the alternative assessment, but if we don’t fix this now, I’m going to have to do this again for my other kids next year and the next. It needs to stop, not just for my kids, but for all kids.”
Here is a beautiful, strong example that others can follow…
Maggie Finley’s son attends Audubon Elementary School in Orange County. She sent this letter to the testing coordinator, who currently maintains that Maggie’s son will be retained, in spite of having no documented reading deficiency.
Hello S.,
– I received your voicemail and although I left a voicemail for you as well, I figured it’s best to put this in writing.
My son does not need a “Good Cause Exemption” because that section of the statute falls under the heading of “Reading Deficiency and Parental Notification”. Since that seems to be a sticking point, I am going to spell it out here:
Laws are written in an outline format. The subsections refer to the sections they fall under. Not other sections, unless specifically spelled out otherwise. They are done this way to reduce confusion.
My son does not have a documented reading deficiency. At all. His last SRI score was (from what I recall) 794. He is in a gifted classroom and despite it being his first year in a more challenging environment, he has made all As and Bs all year, in every subject. His teacher has expressed ZERO doubts about his ability to promote to 4th grade- for any reason. She is a fully qualified, excellent teacher. I trust her teaching and evaluations far more than I would trust any one test to determine my child’s mastery of 3rd grade material.
I want to be crystal clear about this. He has EARNED his promotion to 4th grade based on his work all year. If you can’t promote a child based on his work throughout the year in the classroom, then, may I ask, why are you even putting them in a classroom? If all you care about is this test, then why have children come to school at all? What does it matter if you have the best and brightest teachers, if you do not trust them to effectively evaluate the children in their classroom?
This Good Cause Exemption that keeps getting thrown at me? It was added in there to assist children would not otherwise be a candidate for promotion. It’s a way to throw a life preserver to a child who is drowning. It is meant to give a step up to the children who are struggling. THIS IS NOT MY CHILD.
I’d like to know your “Good Cause” for retaining him? Or even threatening retention? Any reason at all, other than “he doesn’t have a score on one test”.
For hundreds of years, we have promoted children based on their work throughout the year. How does a third grader magically not have that same standard? Because you misinterpret a law? No. He is going to be promoted to 4th grade. And not because I am pushy, and not because you “gave in”, but because he EARNED it via the work he has done all year in class.
If you have already been told that your child will be retained, or is at risk of retention, please read Opt Out Third Grade 101 in its entirety. * Navigating the Threat of 3rd Gr Retention: http://bit.ly/Gr3RetentionThreat