Florida third-graders can't be held back for opting out of FSA test

TALLAHASSEE, Fla. — Parents told Channel 9's Michael Lopardi they scored a big victory in their legal battle over state testing.

A judge in Tallahassee ruled Friday that third-graders could not be held back solely for opting out of the FSA.

However Eyewitness News learned one mother’s daughter is still in third grade despite the ruling.

There's still a lot of uncertainty surrounding this decision.

“It was always about the children and letting everybody know that they're worth way more than a score, that their classwork is enough and they should be graded upon that,” said parent Gabi Weaver.

Her daughter, Camryn Weaver, opted out of the FSA and is now repeating the third grade at Wekiva Elementary School.

“She needs to be learning this stuff and not fall behind, and the longer this goes on, the further behind she's going to be,” Weaver said.

The judge’s ruled Friday that school districts must consider other options, not just the exam, when deciding whether students should be promoted to fourth grade. And the judge criticized some districts for holding back students who know how to read, for not completing the test.

Weaver’s daughter open the exam, but didn't answer questions, in protest over the high stakes. Her mom joined parents from Orange, Osceola and Seminole counties who sued the districts and the state.

“I still don't know what's going to happen and I still need to talk with my attorney and figure that part out,” Weaver said.

The judge didn't promote all of the students, including Camryn Weaver. Some declined other test options, while others enrolled in private schools.

The districts have argued they were simply following the law and will likely appeal, meaning this fight is far from over.

The judge pointed out that state law requires students to participate on the test, but doesn't define participation.

The Department of Education said it’s still reviewing the decision.

RELATED STORY:

Cox Media Group