I received this comment from a teacher in Manatee County:

Diane – I wanted to give you an update on yesterday’s story and some context about what teachers have been doing. The Florida Department of Education’s attorney has clarified that the portfolio option is available and must be allowed based on state statute. I suspect that the districts involved were encouraged to take the hardline position, particularly based on parts of an email from a DOE official (that the Manatee Superintendent released) which did imply that a test was required or the student would have to go to summer reading camp to build a portfolio. Now the DOE has “clarified” their position, stating that a district may not exclude any of the good cause exemptions (specified in statute) in their local policy.

The FEA Delegate Assembly recently passed a New Business Item advocating for a parent’s right to Opt Out, and the union has used that in lobbying efforts. At our latest Governance Board Meeting, President McCall hosted a panel discussion on Opt Out which included one of our attorneys, Cindy Hamilton from Opt Out Florida (https://www.facebook.com/TheOptOutFloridaNetwork/posts/1075887432465602) and Luke Flynt, our Secretary-Treasurer talking about the Opt-out movement and how complicated it is to be a teacher in this political environment. The FEA website has a statement about opt out with both warnings and information including links to the Opt-out groups. (https://feaweb.org/

The union has been consistent in warning teachers not to encourage opting out for the students and parents inside their classrooms because of state law, but we have also shared the complete statutes including all of the good cause exemptions to the required passing score on FSA. We have suggested that, as parents and citizens, teachers do not lose their first amendment rights, but they should be very careful about how and when they choose to exercise them. There is real concern that the department could go after teachers’ certificates if they advocate for opting out on school time or while acting in their employment capacity.

We have also had union leaders sharing the information provided by opt-out groups in their area, but they have also provided warnings about potential consequences particularly for 3rd grade students and for meeting graduation and scholarship requirements. The commissioner has stated several times that the state assessments are required by law, and that opting out is not allowed. She has also stated that parents who do not want to take assessments should find another place to educate their children.

Clearly, the great puzzle is why the Florida legislature is all for parent choice when it comes to “choosing” a school, but opposed to parent choice when it comes to complying with an order to take tests.