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.

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
__________________

==>> TAKE ACTION:
Use #180DaysCount
Tweetable link: bit.ly/Ltr2FLSB
@BrowardSchools
@HernandoSchools
@OCPSNews
@SCPSInfo
@EducationFL
@BetterSchoolsFL
@FLGovScott
@FloridaEA
@FloridaPTA

A WIN for Education in Florida Today!

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Accountability, Bully Letters, bullying, FLDOE, FSA, Good Cause Exemptions, High stakes testing, intimidation, Judge Karen Gievers, K-12, Opt Out, opt out movement, PublicEdRevolution, Retention, The Opt Out Florida Network, Third grade, Third Grade FSA

The Opt Out Florida Network is celebrating substantial victories today with the Order issued by Judge Karen Gievers.  Mandatory Third Grade Retention is a cornerstone of Florida’s failed Accountability System that tests and punishes our students.  Today was a good day for Florida’s students, but this fight is not over.  Our work to support children being assessed on their 180 days of classroom work, to include the professional teacher as a primary expert in these decisions, continues.

As of today, Judge Karen Gievers ruled that Florida third graders can be promoted based on a portfolio or a report card, unless their parents have been notified that there is a reading deficiency.

Judge Gievers also confirmed that minimally participating (Opting Out) does indeed satisfy the requirement of the law.

In the coming days, Florida school districts, and the Florida Department of Education, will attempt to appeal and to ask for stays of this order. It could be heard by the Florida Supreme Court shortly.

On behalf of the families who have stood up in this lawsuit, we would like to express our gratitude for the support and generosity of all who have contributed, many repeatedly, to the legal fund. It is worth noting that many, many donations have come from educators all across the country.

While this challenge has the potential to cause statewide change, and offer support to other states looking to do the same, it will come at great expense.

Support the plaintiffs by donating to gofundme.com/StopGr3Retention

The Opt Out Florida Network
_______________________

For the complete ruling:
Judge Gievers’ Order 082616
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From Plaintiffs’ attorney, Andrea Mogensen:
Third Grade Retention Press Release Aug26

FOR IMMEDIATE RELEASE
Contact: Andrea Mogensen
Tel: (941) 955-1066
E-Mail: AMogensen@sunshinelitigation.com

August 26, 2016

Judge rules report cards do matter for third grade students

Education officials ordered to accept student portfolios or report cards for kids who opt out of standardized tests

Tallahassee – A Tallahassee judge delivered a decisive blow to Florida’s standardized testing scheme, telling state and local school officials that report cards and classroom participation can be used as an alternative when parents opt out of testing. In a watershed moment for students who were not promoted to the fourth grade due to their minimal participation in the Florida Standards Assessment, Judge Gievers granted a temporary injunction allowing some third graders to be promoted where school districts did not allow “a teacher-compiled portfolio that consists of non-test class work and test-based standards assessments.”

The state had argued that allowing students to opt out of standardized tests would undermine the Jeb Bush-era focus on testing, while the parents claimed that the law allowed for promotion decisions to be based on report cards and actual classroom participation.

Judge Gievers sided with the parents, finding that the Department of Education and the Hernando County School Board violated the law when they illegally refused to provide any portfolio option and that “neither the [Department of Education or local school boards] have the discretion to ignore the Florida Laws.” Gievers’ ruling defined what “minimal participation” is by stating that “the children were present at the time, broke the seal on the materials and wrote their names, thus meeting their obligation to participate.” In addition, she wrote: “The School Board and [Department of Education] had no right to ignore the legislatively adopted portfolio option” and ordered the Hernando County School Board to “immediately refrain from further actions and must provide the portfolio option.” She ordered education officials “to stop refusing to accept a student portfolio or report card based on classroom work throughout the course of the school year.”

The Court also found it unlawful in districts such as Hernando County where a child without a reading deficiency who has not passed the FSA is held back, citing Florida Statute 1008.25(5)(c)(6) which prohibits retaining students solely for FSA non-compliance.

The judge ordered the Department of Education to stop disseminating misinformation that promotion required a level 2 score on the statewide test, finding that report cards and classroom work could be used to promote a third grader.

“We are very pleased that the court agreed with us that it is in the public interest that the State Board of Education and school districts in Florida follow our laws, and focus on whether children can read, not whether they took a particular test,” said Andrea Flynn Mogensen, lead counsel for the children.

“We are especially pleased that it was specifically ordered that the Department of Education must accept minimal participation in testing as fulfilling the students’ statutory requirement to participate, and that grade 3 students with no reading deficiency should be promoted, not retained.”

The ruling came at a critical juncture for what’s known as the opt-out movement. The Department and local school boards had amassed a legal team of more than 20 lawyers to fight the lawsuit, which has been on a legal roller coaster since it was filed 16 days ago. The case was briefly removed to federal court, but the parents were able to obtain a ruling from a federal judge two days later sending it back to state court. School boards from around the state then filed an emergency appeal with the First District Court of Appeal in Tallahassee, seeking to stop Gievers from taking evidence in the case. Gievers held a marathon 9-hour hearing earlier this week, taking testimony from state educational officials from across the state as well as parents of third grade students.

A copy of the ruling can be found at http://goo.gl/aeFvOL.

 

Statutory Third Grade Portfolio Checklist

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Accountability, alternative assessment, avoiding retention, developmentally Appropriate Practice, fighting retention, FLDOE, good cause exemption, High stakes testing, Judge Gievers, Mandatory Retention, Portfolio assessment, promotion to fourth grade, The Opt Out Florida Network, Third Grade FSA, Third Grade Promotion

by Sandy Stenoff

Growing public awareness surrounding the Florida parents’ lawsuit against the Florida Dept of Education and six school districts has brought parents clamoring to get into the thirty-five opt out groups across Florida.  Parents are outraged by just how much testing has steamrolled public education, stealing valuable instruction time given over to test prep. They want to know how to fight for authentic education for their own children.

On Friday, August 26, 2016, Florida Circuit Court Judge, Karen Gievers ruled as follows:

Even before last Friday’s court ruling affirming what we have long believed, The Opt Out Florida Network had been inundated with requests from parents, who want to know how to make sure that their children’s 180 days in school aren’t laid to waste by a single State test, that could send their child back to the third grade, even after they have proved mastery of the required standards.

Certified teachers have created a portfolio checklist, with all of the State’s portfolio requirements outlined in Florida Statute, Florida Administrative Code and a FLDOE Technical Assistance Paper. At the risk of redundancy, multiple sources are cited throughout this post in order to assure parents, teachers, administrators and school districts that the checklist offered here does indeed meet ALL of the State’s required guidelines for a portfolio used as an alternative assessment.

In an ideal world, proof of competency, proficiency and mastery would be demonstrated in an authentic portfolio of work completed independently in a classroom, under the guidance of a trusted, professional teacher.

TO BE VERY CLEAR – As far as The Opt Out Florida Network is concerned, an authentic student portfolio would include various types of student work samples: artwork, creative writing, evidence of deep understanding, evidence of critical thinking, independent projects, etc.

It appears that the stance of the FLDOE has been that no parent should expect that an authentic portfolio would be used for promotion in any Florida public school, even with all of the “honor and privilege” of a teacher’s degree and certification behind it. Because we just can’t trust teachers. But we can trust a glitch-ridden, developmentally inappropriate, not fully validated, multiple choice test with “fluid” cut scores.

The State says that report cards are meaningless and have therefore created test bank items that may make up a “test portfolio.” The law does NOT require parents to accept a portfolio comprised only, or in any way, of these test bank items.

From a previous post, Student Portfolio Puts Assessment Where It Belongs… With Teachers (Jun 21, 2016):

There is even more detailed guidance from the FL DOE on Third Grade portfolios.: Florida Department of Education 2015 Third-Grade Portfolio – District Guidance

The student portfolio may consist of some or all of the following resources:

• State-developed Third-Grade Student Portfolio – located in the Florida Interim Assessment Item Bank and Test Platform (IBTP) through the Single Sign-On (SSO);
• 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.
_________________________________________________________________

Many teachers have reported that the portfolio assessments are even more developmentally inappropriate for the average third grader than the FSA practice test. If a parent refuses the alternative testing offered and insists on a statutory portfolio, it would be made up of the assessments (assignments, projects, reports, quizzes, tests) done in school throughout the regular school year.

Parents should be aware that these may now include competency-based education, such as progress monitoring (predictive testing) from iReady, STAR, Accelerated Reader and so on. Some parents allow their students to take these tests, not knowing that they have a choice. Many parents successfully refuse these tests and ask that their child be given reading or other work of the teacher’s choosing. There is no State mandate for these additional tests, no matter what a school district may tell you.  If you are told that they are mandated, you should be asking “By whom?” and you should also be asking for the statute mandating such testing. The ONLY State-mandated test is the FSA.

One of the most important statements we make in refusing these tests is that we trust that our teachers are trained professionals.  We have more trust and confidence in their ability to work with our children all year long, to teach and to assess them, than we do in any single test.

For the purposes of clarity here, we will distinguish between an “authentic portfolio,” the state’s “test portfolio” and a “statutory portfolio”, which is the one we offer help with here. To this end, certified teachers have created a checklist to to help track the development of a statutory third grade portfolio throughout the school year, that would meet the requirements of Florida law as well as that of the Dept. of Education.

Parents may ascertain that their child’s work will count for SOMETHING by requesting that a portfolio of completed classwork be compiled and maintained to assure a more meaningful record of a student’s work throughout the year, than the state’s series of portfolio tests.

Please click on these two documents to share with your child’s teacher.

Third Grade Portfolio Checklist 2016-2017

Third Grade Portfolio Instructions 2016-2017

EXAMPLE:

The checklist is a user-friendly, expandable table in a word doc. It has been tested by a third grade teacher, who recently used it to certify a retained student’s portfolio.

In her words,

“This is a wonderful tool!

The idea to have the standards broken up into clusters and space to list the examples underneath each cluster came from my recent experience of validating a retained child’s body of work from scratch.  It was helpful in keeping everything organized. To be sure, many assignments landed in more than one area. When I was finished, however, I ended up with a nice list of each standard with three examples. This way I could also tell if there was enough evidence for each standard easily.

This was what worked for me. If a teacher keeps up with the portfolio throughout the year and is fairly organized, it may not be necessary. But, I really liked having a list of assignments under each standard- it was useful “at-a-glance”, which may also be helpful for teachers who may be responsible for multiple portfolios. It should be simpler if it is collected and documented throughout the school year. This tool really helped me. Thank you so much, everyone, for creating it.”

The requirements* for a “statutory portfolio” are summarized:

• 3 assessments per standard
• Each assessment is multiple choice
• Each must have a score of 70% or higher
• 60% Literary Text passages, 40% Informational Text passages
• Passage word counts must be between 100 – 700 words, the overall average word count of the passages is to be 500 words.

This is far from an authentic representation of all of the work your child will do for 180 days with their teacher in the Third Grade. But following these guidelines should fulfill the state’s portfolio requirements in order to avoid what so many families are enduring  now.
_________________
Guidelines to school districts from the FLDOE are repeated in
FLDOE Technical Assistance Paper (TAP) Third-Grade Student Progression – Oct 24, 2014 (Pages 5-7)

The criteria for a Statutory Portfolio are spelled out in the above referenced TAP, as well as in (Florida Administrative Code) FAC 6A-1.094221*
Excerpt:
(3) To promote a student using a student portfolio as a good cause exemption there must be evidence that demonstrates the student’s mastery of the Language Arts Florida Standards in reading equal to at least a Level 2 performance on the grade three statewide English Language Arts Florida Standards Assessment. Such evidence shall be an organized collection of the student’s mastery of the Language Arts Florida Standards that are assessed by the grade three statewide English Language Arts Florida Standards Assessment. The student portfolio must meet the following criteria:

(a) Be selected by the student’s teacher,

(b) Be an accurate picture of the student’s ability and only include student work that has been independently produced in the classroom,

(c) Include evidence that the standards assessed by the grade three statewide English Language Arts Florida Standards Assessment have been met. Evidence is to include multiple choice items and passages that are approximately sixty (60) percent literary text and forty (40) percent information text, and 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.

(d) Be an organized collection of evidence of the student’s mastery of the Language Arts Florida Standards that are assessed by the grade three statewide English Language Arts Florida Standards Assessment. For each standard, there must be at least three (3) examples of mastery as demonstrated by a grade of seventy (70) percent or above on each example, and,

(e) Be signed by the teacher and the principal as an accurate assessment of the required reading skills.
_____________________

Should a parent be told that the portfolio tests are the only acceptable portfolio, they should know and share with their school, 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.”

As Judge Gievers’ ruling reinforces:

and finally,

IMPORTANT NOTE:
Judge Gievers did not “order” what we think of as a teacher-developed portfolio. She said a portfolio or report card was allowed by law. She stopped short of differentiating between a test portfolio and one that is more representative of what is actually produced daily. That definition will have to be challenged in a separate case. What we have provided (the portfolio checklist) will satisfy the law, but you do need to work with your teacher on this. There is no guarantee that your school will go along with this, but there is also no reason for them not to.  (Updated 9/8/16)

A complete copy of Judge Gievers’ ruling and Court Order can be found here.

To learn more about the lawsuit to fight mandatory third grade retention, follow the hashtag #180DaysCount on Facebook and Twitter.

ADDITIONAL  RESOURCES
– Florida Department of Education 2015 Third-Grade Portfolio – District Guidance
– FLDOE Technical Assistance Paper (TAP) Third-Grade Student Progression – Oct 24, 2014 (Pages 5-7)
– Criteria for Statutory Portfolio (Florida Administrative Code) FAC 6A-1.094221
– Why we do this: bit.ly/PositionStatement
– THIRD GRADE OPT OUT GROUP for help and support: bit.ly/OOFL3rd
– For statewide information and suggested reading: https://theoptoutfloridanetwork.wordpress.com/
– For the most current news on education/testing: The Opt Out Florida Network

“Retained? You can go to 4th grade… sort of…maybe.”

Tags

Accountability, alternative assessment, Good Cause Exemptions, harmful educational practices, High stakes testing, intimidation, Making kids cry, opt out movement, Orange County Public Schools, promotion by report card, Promotion to 4th grade, real learning, real teaching, Retention, Third grade, Third Grade FSA, Zone of Proximal Development

by Sandy Stenoff

Since the filing of the lawsuit by the parents of retained Third Grade students this week, The Opt Out Florida Network has been contacted by more parents of retained Third Grade students. School began today in many Florida districts and more will begin on Monday.

Parents who have been notified of third grade retention – for various reasons, are contacting us for help and information.  Does anyone wonder why parents aren’t contacting their districts for help? I will hazard a guess and say that if districts were receiving the appropriate guidance from the state, there would be no lawsuit. But since that is clearly not the case…

Districts face a dilemma for how to meet the needs of the students who demonstrate NO reading deficiency, but who also did not meet the state’s testing criteria for promotion. The young students’ educational needs dictate that they must be provided with an appropriate fourth grade education, yet they are not allowed to be placed, officially, in the fourth grade.

What can parents expect from their principals?

What options are available to these families that will meet the children’s needs?

In a number of districts, proficient third grade students, who failed the FSA, are being placed provisionally, in a fourth grade classroom, based on satisfactory report cards, which document that they are capable of moving to the next level in the fourth grade. This is being done with the understanding that the children are working toward mid-year promotion, as the law allows.

But, wait… there’s more.

While this is better than retention, this would be a lateral promotion, as opposed to a literal one, without the official title of “Fourth Grade student.”

In the workforce, a “lateral promotion” is often seen as a promotion in name only – no perks, no bennies, no raise. A non-promotion promotion. Everyone knows what it means. Just the meaningless title and maybe some extra responsibility to go along with being appeased with a non-promotion promotion. In this case, the meaningless title would be “provisionally promoted,” or something that has the word promoted in it, but which clearly denotes “temporary” status.

With such a placement, the child would remain vulnerable to having his non-promotion promotion stripped. Even if your child is placed in a fourth grade class, pending approval of a mid-year promotion, the threat of retention would remain. He can still be sent back to the third grade, even though he met the standards for promotion, which his report card proves.

From the August 9, 2016 Tampa Bay Times,

Florida school districts remind principals about mid-year promotion for retained third graders

“As retained Florida third graders return to school this week and next, district leaders are reminding principals and teachers that the children still may move up to fourth grade after classes resume.”

Certain districts have, in fact, been practicing placement of retained children in a 4th grade instructional setting (4th grade classroom), contingent on the student meeting the state’s criteria for mid-year promotion.  This is really just a “work around” for the districts, it helps them to meet the students’ educational needs, while the district is also able to say that the students are not yet promoted. It’s semantics. Which is the very reason for the lawsuit. These children should not be retained in the first place, on paper, or otherwise.

From Just Read Florida:

WHAT IS THE MEANING AND PURPOSE OF RETENTION?

Retention does not mean that the child has failed. It does not mean that teachers or parents are not working hard enough. It does mean that the child needs more instructional time and help to catch up and reach reading proficiency. 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.

 

Additionally, here is an e-mail excerpt from the FLDOE to State Senator Darren Soto (D-14) confirming that this is a permissible course of action:

Specifically, as it concerns children, who are retained, but who lack a documented reading deficiency:

The state has the duty to provide appropriate education, therefore the forced repeating of third grade curriculum would be educationally inappropriate. If the students are actually placed in a 3rd grade class, while they are supposed to be working towards mid-year promotion, they will need to be exposed to 4th grade standards as well. If they were not, that would be inappropriate educational instruction, for these children.

From the FL DOE Technical Assistance Paper Third-Grade Student Progression – Oct. 24, 2013 (Page 10)

• 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?
  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 that, will the districts adhere to the letter of the law here, as it pertains to students retained without any documented reading deficiency?

The 2015 Florida Statutes
Title XLVIII – K-20 EDUCATION CODE
Chapter 1008 – ASSESSMENT AND ACCOUNTABILITY
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.

(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. 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. 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.

Children with no documented reading deficiency should not be subjected to retention simply because districts are unable or unwilling to seek out and find the best solutions, that are WITHIN THE LAW, for each child.

Parents seeking guidance about these alternative pathways to promotion are urged to contact their principals and District Superintendents to see how their child may access this established path to the Fourth Grade. It is a temporary fix, at best, a band-aid. But it would allow the children to get their basic educational needs met, while the adults work toward a permanent solution, which will hopefully come, with a final decision from the Court.

Contact information for all District Superintendents may be found here: http://www.fldoe.org/accountability/data-sys/school-dis-data/superintendents.stml

Lawsuit to Make #180DaysCount is Filed

Tags

Accountability, alternative assessment, authentic classrooms, FLDOE, Florida legislature, FSA, FSA Opt Out Movement, Good Cause Exemptions, harmful educational practices, K-12, opt out movement, promotion by report card, real learning, real teaching, Retention, state bullying, Third Grade FSA

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 direct link to the Court Records: Case # 2016-CA-1794:

Verified Emergency Motion for Temporary Injunction (143 pages)

Final Complaint – Case # 2016-CA-1794 (152 pages)

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.

 

Any and all questions pertaining to this case should be directed to:

The Law Office of Andrea Flynn Mogensen, P.A.
200 South Washington Boulevard, Suite 7
Sarasota FL 34236
Telephone: 941.955.1066

Media Coverage and Updates

Aug 11 –
Curmudgucation: FL: Test Fetish on Trial
WPTV: Lawsuit challenges holding back students over Florida’s standardized tests
              Please complete attached WPTV survey
Bradenton Herald: Parents suing over Florida’s FSA reading retention law

Aug 10
TB Times: Romano: Once again, education officials fail a commonsense test in Florida
Deutsch29: Florida Parents Sue State and Districts for Retaining Students Who Opted Out
Tampa Bay Times: Florida parents sue state over Jeb Bush-era testing rule
Tallahassee Democrat: Parents take on state’s third-grade retention rule
Orlando Sentinel: Parents sue state to challenge Florida’s third-grade retention law

Hernando Families Persevere to Make #180DaysCount

Tags

Accountability, alternative assessment, developmentally Appropriate Practice, FLDOE, Florida legislature, FSA, FSA Opt Out Movement, Good Cause Exemptions, harmful educational practices, High stakes testing, intimidation, K-12, Opt Out, opt out movement, promotion by report card, real learning, real teaching, Retention, state bullying, test prep, testing, The Opt Out Florida Network, Third grade, Third Grade FSA

Meet the courageous families from Hernando County, fighting mandatory Third Grade retention.  We have less than $5,000 to raise!

Show these families that you appreciate their commitment and click here to donate to the legal fund to make #180DaysCount for ALL kids!

The Everett Family – Hailey, Pam (Mom)

“We are here because our school system has failed my honor roll student.
Thanks to Maria Schultz for pointing me to the Opt Out direction.
Hailey is paving the way for her brother who is entering the 3rd grade.”
_____________

The Hohman Family – Maddison, Melinda (Mom) & Jason (Dad)

“Maddison has been a proficient honor roll student for every quarter in the 2015-2016 school year. We believe she should be promoted based on her grades for the 180 days of the school year. Hernando County School District would like to retain her due to not having an FSA score. We feel strongly that all students’ records for the 180 days shows whether they are proficient or not. We are apart of this lawsuit because of our beliefs in 180 days work to count more than one test score. We also have a son going into second grade this upcoming school year, who we are hoping will not have to feel the stress or anxiety caused by the FSA.”
__________

 

Lawsuit Begins: 3rd Grade Parents v. Florida Dept. of Ed.

Tags

Accountability, alternative assessment, authentic classrooms, developmentally Appropriate Practice, FLDOE, Florida legislature, FSA, Good Cause Exemptions, harmful educational practices, High stakes testing, just let me teach, Legal Action against DOE, legislation, Opt Out, state bullying, Teachers, test prep, testing, The Opt Out Florida Network, Third grade, Third Grade FSA

David is preparing to face Goliath… he needs your support now.

PLEASE HELP by donating via GoFundMe or PayPal (coming soon). 

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.

Accepted research has demonstrated that:

• Retention is one of the most powerful predictors of high school dropout.
• Retained students are 2 to 11 times more likely to drop out of high school than peers.
• Retained students have lower levels of achievement in 11th grade.
• Retained youth receive lower educational and employment status ratings.
• Retained students are paid less per hour at age 20.
• Retention may cause permanent or long-term psychological harm.
• Short-term improvements in test scores following retention are outstripped by long-term damage from ensuing deficits resulting from retention.
• The cost of retaining a single third grade student in Florida is $11,000 in tax dollars.

And yet… Florida continues to retain children, EVEN where there is NO documented reading deficiency.

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.

PLEASE GIVE GENEROUSLY!
Donate via GoFundMe or PayPal (coming soon). 
No donation is too large or too small.

Donations to this legal fund are not tax deductible. 

THANK YOU FOR YOUR CONTINUED SUPPORT.
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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:

• Winning The Battle and Losing The War: Examining The Relation Between Grade Retention and Dropping Out Of High School – Jimerson, Whipple & Anderson 2002
• Grade Retention: Achievement and Mental Health Outcomes – Jimerson, Whipple & Anderson – Oct 2002
• Additional articles by Jimerson: Beyond Grade Retention and Social Promotion
• Early Intervention: The Key to Success – Learning Disabilities Association of America
• Early intervention works, grade retention doesn’t – University of Wisconsin – Madison 1999