And another sad chapter in the Floridian assault on education comes to a sad close.
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.
But by the end of the summer, sense and decency had prevailed and the state's rule was not only set aside, but subject to some scolding. The parent goals were commendable:
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
It didn't matter. In September some of the school districts chose to ignore the court ruling, and took it all to the court of appeals.
The court of appeals ruled in favor of stupid, in fact opening the door to some novel legal; actions by declaring
The purpose of the state test is to “assess whether the student has a reading deficiency and needs additional reading instruction before [and after] being promoted to fourth grade".
The test can only achieve that laudable purpose if the student meaningfully takes part in the test by attempting to answer all of its questions to the best of the student’s ability. Anything less is a disservice to the student — and the public.
So, I guess, eight year olds in Florida can be arrested for not trying hard enough on the BS Test. Also, good to know that the court of appeals has such expertise in reading education that they know the difference between a laudable policy and a stupid one.
The group of parents fighting this case decided to take their last shot by appealing to the state supreme court. That attempt is now done, and the results are not good. The state supreme court has chosen not to hear the case. The ruling seems to be based on the notion that the suit was filed in the wrong court. So that sucks.
What sucks more is that the final outcome maintains Florida's power to flunk any third grader who refuses to take the test, regardless of any other academic indicators. In fact, the whole mess of a ruling would seem to suggest that Florida intends to ignore the part of ESSA that explicitly recognizes parental rights to opt out.
The parents stuck their necks out for this-- the process of appealing has cost about $80K in legal fees and their gofundme is short of halfway there. If you'd like to thank them for making the effort, you can still go chip in to cover some of these costs. There's not a lot to take comfort from here-- the state of Florida grows bad education policy like it grows oranges, and this one has survived the legal challenge. The best thing we can say about the whole business is that the state had to explicitly declare that it doesn't believe in the grades on report cards and that it values test-taking compliance above all else AND that it fully intends to ignore the opt-out portion of ESSA. So the face of education policy continues to be ugly, but at least they were required to show it without any mask or make-up.