Peter Greene writes here about the latest setback to Florida parents challenging the state’s law requiring that students take and pass the third grade test or be flunked.
Peter explains why this law is useless, although it does have the result of inflating fourth grade scores.
We’ve been following this story for a while. Florida has a third grade reading test requirement– Florida’s third graders must show they can score high enough on the state Big Standardized Test, no matter what else they’ve done. Florida’s “Just Read, Florida” (because the way to get students to read is to just insist they do it) is like many versions of this bad idea, and last May, a handful of families put it to the test (with the stubborn assistance of their county school systems– not all Florida counties chose to be part of this exercise in idiocy).
Some children opted out of the Big Standardized Test, so their school district declared that despite the fact that some of those children had exemplary report cards, they would be denied advancement to fourth grade. By the end of the summer, the whole sorry mess as in court. That case was gobsmacking in its wrongheadedness, including the moment in which the state argued that teacher-issued grades were meaningless.
So parents cannot opt out of the testing, even though the federal law says they can.
When it comes to education policy, Florida is one of the worst states in the nation.

Can someone please post a link to the go fund project for this insanity of court’s decision!
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Found it: https://www.gofundme.com/StopGr3Retention
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Maybe they should appeal to DeVos’s Department of Education to help enforce the ESSA opt out provision? Whatcha think?
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That must be a joke!
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Me, joke???
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DeVos is interested in CHOICE and VOUCHERS. She is neutral on civil rights enforcement. Her sympathies lie with sexual predators rather than victims. I am guessing that opt out protection is not high on her list of priorities. I may be wrong as I am not from Michigan.
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STUPIDITY is right, Diane.
I have taught ALL grades K-12 in Hawaii, Michigan, Ohio, California, and Colorado. NOT everyone is a fluent reader by grade 3. What would have happened to my students had I labelled and flunked them in grade 3? Answer: These kiddies would have given up and wear their label (NOT PROFICIENT and FLUNKED) for the rest of their lives.
Click to access el_199005_shepard.pdf
Many of my students who struggled did NOT have books readily available to them. So, I let them take home books to read and to keep forever. This is what makes the difference, NOT flunking kids. Also, FEED hungry kids. They can’t learn if they are hungry. Sheez, how STUPID, STUPID, STUPID to flunk a third grader. This is like putting a kid in jail for making a mistake usually fueled by peer pressure. DUH…I can’t take this STUPIDITY and REPRESSION anymore.
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If being read to and having books in the home was all that was needed to resolve the illiteracy striggles students present & experience, then there wouldn’t be any struggling readers to worry about.
Also, there are breakfast and lunch programs in public schools today for students (which were put into place because of that fact : ie- they can’t learn if they are hungry.)
Plus if students have access to a smart phone, then they have access to books via their library as well as probably the school’s library.
And if they are struggling learners, they should be provided a BOOKSHARE account which they can access at home and they would have a wealth of textbooks and other books at their fingertips and disposal.
Plus teachers can enlighten them to Project Guteburg and Librivox and they can find the classics and primers and such right at their fingertips.
If they can figure out how to log into their Xbox game, I think they could figure out how to access books digitally if it was suggested and they found the material engaging.
To resolve the illiteracy issues students present with, they need better instructional programs to learn how to read more proficiently.
PS- The following article explains in a nutshell why LLI and whole language doesn’t work for struggling learners (no matter if English is their primary or secondary language):
http://www.readinghorizons.com/blog/scaffolding-reading-instruction-using-fountas-and-pinnell-reading-horizons-and-other-techniques
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I also agree that flunking students and then sticking the, back into the same failed classes and instruction that failed them up to this point, then it’s faulty logic to think that sitting through it again for a second time, without any change in methodology and assistve technology, It is not going to make an ounce of difference. They will just be that much farther behind and the gap will be that much wider and they will be a year older and another year behind their class cohorts.
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Florida’s awesome. If someone tries to overcome a color barrier you can give her a special test to pass to gain the rights of full citizenship. If you see someone wearing a hoodie you can shoot him and get off on self defense. Voting, going to college, breathing…whatever. If your state votes for Al Gore you can count on the Bush family to disenfranchise the results. Life is like a box of chocolates unless you’re a Florida billionaire, in which case you get your choice every time. Probably vanilla instead. The State of Florida is a hanging chad on the Continent of North America.
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I just found a really great education story out of Florida — the state that Trump, Secretary Devos, Michelle Rhee, Jeb Bush, and countless others claim has the nation’s most successfully “reformed” educational system.
(As I recall, Meg Whitman, current California Governor Brown’s right-wing Republican opponent in 2010, was asked about her plans for education, should she win. Back during the 2010 campaign, she said, “We’re going to do everything that they’re doing now in Florida. That state’s system will be our role model.” Uh huh. I bet you would have.)
Here’s that new Florida story:
http://www.bradenton.com/news/local/education/article160181454.html
Apparently, having an lengthy criminal record that includes multiple convictions / prison sentences for arson(!!!), grand theft, and check fraud couldn’t stop Lori Bergeron from ascending to the presidency of a prominent charter school board in Bradenton, Florida .
Alas, Bergeron’s life on the straight-and-narrow in Florida’s school choice Utopia didn’t last long, as she was recently caught — and convicted of — robbing and embezzling the charter school blind. She did so through her writing of checks to herself out of the school’s bank account.
She plead guilty after the police executed a court-approved taping of her phone conversations, where she gloated and blabbed away about all that she had gotten away with (or rather, THOUGHT that she had).
Back to the joint for YOU, Sweetheart!
Gee, with an extensive rap sheet such as hers, who would have EVER predicted that — after being placed in the presidency of a charter school board, with full authority to write checks from the school’s bank account as she pleased — she would EVER do such a larcenous thing? You know… stealing from children’s education and all that.
People down there are shocked … JUST SHOCKED at what has happened.
Maybe it’s time for Florida’s leaders to enact legislation to better regulate its charters, one that includes some minimum standards or mandatory qualifications for Florida’s charter school operators and board members.
Hmmm… let’s see. How would that look?
Let’s give it a whack, now, shall we?
—————————————————
STATE OF FLORIDA — Department of Public Instruction
Mandatory Criteria For All Prospective Charter School
Executives / Board Members:
Regulation 1) Must NEVER have served time for Arson.
Regulation 2) …
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It is not fiscally responsible to Florida tax payers to fail a student based on one standardized test. The decision to fail a student should include multilple measures with parental override always an option. Perhaps the Florida tax payers should file suit over this ridiculous state law.
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This is an ALEC law being pushed in all 50 states
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One factor that no one seems to take into account in testing students in elementary schools is the difference in ages of students in a given grade. The difference between the oldest and youngest student in a third grade class can be as much as a full calendar year. When you are eight, even three months makes a difference in what you are capable of doing. In third grade my daughter, the youngest in her class(she made the cut off for starting school by about ten days), was testing near the bottom of her class in reading comprehension. By the end of sixth grade she was testing near the top. She didn’t need to be held back; she just needed the time to mature intellectually. Both my husband and I (dealing with a combination of late birthdays and experimental teaching techniques–in my case ITA and in my husband’s case a purely non-phonetic approach to reading) had similar experiences.
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I am one of the parents that took on the department of education My child read proficiently well above the 3rd grade. With data to back it up. Yes, with more then just the useless IREADY. She excelled beyond what was given her academically. But as a parent I exercised my right as a parent to opt of this FSA test. She was bullied by administrators, but she remain strong, studying her assignments and expanding mind. The last few days of school they held award ceremonies. She was recognized, receiving honors certificate and principals list for her academics and hard work. That was on a Thursday and all the admins and teacher that participated congratulated her on her work well done. Friday they announced to her she was not going into the 4th grade. 67 counties in the state and 11 decided to retain proficient students. We take it to state court and win. Well this is appalling to the loosing counties. So appeals court we are now going. But not on the children being able to read far above the expectations (or even at grade level, which is expected).
We were counter sued for venue. VENUE!!! what does that have to do with being able to being academically proficient well above the grade level. I will tell you nothing. The only way the districts to win is to get the 4 remaining counties to holler venue. They want the courts to rule in their districts own counties. Of course they do! Its a hands down win. Try and hire a local attorney to go up against the local school board, no one will. And to guarantee their win they hire not one but some up to 3 top attorneys in other counties that changed the whole proceedings from improper retaining of proficient students and their right to opt out. We are now going to court over where we hold court. Bottom line our system failed these kids.
Unfortunately this will only harm students going forward. All our children did not get retained and moved on to promotion, granted they are no longer in the public school system. Today 2 years later they all are now 5th graders, because we have removed our children from harms way We all support the opt out of the FSA, and back our teachers to do what they are. The educators, Test our children with teacher generated test on what they are taught. Not these non validated, money making, waste of our children’s educational time test.
Stand firm and opt out, give the testing and teaching back to the teachers. It does not matter if your child can take the test and test well. It is about money and data that they sell. So do you know where your child’s data went?
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If your child uses google or youtube at home they are collecting data on your child (and whoever else is on the computer there.)
You are not going to escape data-mining if you use a networked computer.
It’s just illogical to think that your child’s data should be protected at school, only to have them come home and use the computer at home and use a browser or any web based program or application.
I just don’t get the hypocrisy of those that get all up in arms about technology in the classroom, yet then allows their child to use the web for research (browser searches) or recreation (Youtube, etc) at home.
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