Battle over state exams faces its first big legal test in court

SEMINOLE COUNTY, Fla. — In August, nearly a dozen parents filed a lawsuit against several school districts across the state, including Orange and Seminole counties.

Both sides are arguing their case Monday in Leon County Circuit Court.

In the suit, parents claim their children failed third grade because they did not take mandated, statewide exams.

The parents told the judge their students are being held back even though they know how to read.

The parents claimed their children were honor roll students with no reading problems. The school districts said they are following a mandate from the Florida Department of Education.

State law requires that students receive a score of 2 or higher to enter fourth grade.

“I had her tested to make sure she was appropriate for going into fourth grade, but I don't necessarily equate that to FSA standards,” said parent Michelle Rhea.

According to court documents, the parents refused to let their children take the tests because they didn't believe the teachers and schools should be graded on students' performance on standardized tests.

“She’s my child. Yes, I decided. Orange County doesn’t get to decide what’s best for my child,” Rhea told Channel 9’s Michael Lopardi.

It wasn't until it was too late that the school districts said that if their children did not take the tests, they would not be moving up to the fourth grade, the parents argue.

The districts, though, say the parents were given plenty of notice that their decision to opt out of the standardized testing would result in their children being held back.

Orange County has filed a motion to dismiss the case in its entirety. Seminole County also fired back, saying parents had plenty of notice this would happen. The district said students could have taken an alternative test or submitted a portfolio of work.

On Sunday, Seminole County School Board members held a special, executive session to discuss Monday’s hearing. Because that meeting was closed, details of what was discussed have not been released.

Orange, Osceola and Seminole counties’ school districts are also named in the lawsuit.

Cox Media Group