I just contributed $200 to this just cause.
If we crowd source our support, parents in Florida can fight the unjust law that prevents their children from advancing to fourth grade unless they take and pass the state test. Children who opt out will be retained. Children who received all A’s all year will flunk.
Support the parents fighting this stupid state mandate:
Dear Friends of Public Education,
As the Plaintiffs move towards the Florida Supreme Court, they must continue to pay their attorney. They have agreed to pay $7400.00 to progress this case. This is a small portion of the entire legal bill. With your generous donations, we can make it.
Here is a compelling video appeal from one of the parents: https://m.youtube.com/watch?v=_y8yDe0lOu0
At this time they have raised over $5000.00 of that $7400.00 and for that we thank you!
The families now have until April 4th to commit so please share the campaign and continue to support the fight to make sure that #180DaysCount.
There are 3 ways to donate.
1) gofundme.com/StopGr3Retention
2) Paypal link on https://www.facebook.com/TheOptOutFloridaNetwork/
3) To avoid GoFundMe fees, you may send a check directly to Attorney for the Plaintiffs:
The Law Office of Andrea Flynn Mogensen, P.A.
200 South Washington Boulevard, Suite 7
Sarasota FL 34236
Note on your check: “Third Grade Florida Supreme Court” and please let us know you have sent it at TheOptOutFLNetwork@gmail.com
It has been encouraging that SO MANY teachers have donated.
If you can contribute a challenge match to help the families get over this first hurdle, we would be very grateful.

We sent a donation via Paypal! It has been and always will be about the kids!
`Debbie & Bill
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Thank you, ddermady!
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It’s a scare tactic. What if everyone opted out. It would be chaos. What is their bluff were called?
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I agree. What if every parent of a third grader opted out? How long can Florida keep kids at third grade?
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Here is an update on the fundraising, the background and chronology of the case to date and why it’s so very important to help these families to get their case heard in court. https://theoptoutfloridanetwork.wordpress.com/2017/04/03/clearing-hurdle-1-to-protect-all-3rd-graders/
I included that 15 other states also practice mandatory 3rd grade retention. Monty Neill of FairTest asked for my source. I shared with him, as follows:
Click to access Third-Grade-Reading-Retention-Policies-and-Interventions_September-2016.pdf
This has a table with the state and their policies. http://www.ecs.org/clearinghouse/01/16/44/11644.pdf
AZ, AR, CA, CT, DC, FL, GA, IN, IA, MD, MS, MO, NC, OH, SC, TN
From Monty Neill:
I had never heard this about CA, so I followed a source to nat conf state legislatures http://www.ncsl.org/research/education/third-grade-reading-legislation.aspx. They have an interactive map in this report http://www.ncsl.org/research/education/third-grade-reading-legislation.aspx, so I clicked on CA. That took me to the CA law from 1998. Since then, the state has dropped the grade 2 test noted in the law and in ECS and NCSL. Beyond that, the CA law actually says that it is up to the districts to set up a retention policy and districts can choose between using grades and using state test scores. If the one used indicates retention, the child shall be retained “unless the pupil’s regular classroom teacher determines in writing that retention is not the appropriate intervention for the pupil’s academic deficiencies.”
So, CA does have a retention policy, but it is not so clear cut as those states that say it must be based on state exam, never mind the few that provide no way for a teacher/school to get around the requirement.
If anyone wants to pursue their state (or another) listed as having a retention requirement and gather the details, please share them.
Grade retention is generally a bad educational decision, made worse when done on the basis of test scores. It would be great for test resisters to regularly raise this issue, make it an important part of the fight. A few states and districts have seen some progress, from dropping some grades with test-based grade promo policies (e.g., TX) to districts pretty much removing it (e.g., NYC, in part due to new state law). OK dropped from mandated to allowed due to a strong battle led by an alliance of the NEA affiliate and some civil rights and parent groups.
Monty
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