‘Opt out' testing case goes to Supreme Court

TALLAHASSEE, Fla. – Several parents who oppose standardized-testing requirements in public schools are taking their battle to the Florida Supreme Court.

The parents last week filed a notice that is a first step in asking the Supreme Court to overturn a decision by the 1st District Court of Appeal in a case related to what is known as the "opt out" movement.

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Parents who brought the case against the Department of Education and several school boards told their third-grade students to put their names on a standardized test, then refuse to answer questions.

When the students were barred from moving to fourth grade under state law, the parents sued, saying they wanted their children to be evaluated using a portfolio allowed in the case of "good cause exemptions."

A three-judge panel of the appeals court on March 7 ruled that Leon County Circuit Judge Karen Gievers erred on procedural grounds in allowing the case to go forward and also disagreed with portions of her opinion that could have allowed some students to avoid answering questions on state exams.

The appeals court ruled, in part, that the state has an interest in preventing social promotion, the reason given for the testing requirement.

The parents' notice of appeal to the Supreme Court, as is common, did not provide detailed arguments.


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