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Florida Supreme Court Won’t Consider ‘Opt Out’ Lawsuit

Photo: Lindsey Kilbride


TALLAHASSEE, Fla. (AP) — The Florida Supreme Court won’t take up a case that challenged the right of school districts to hold third-graders back when they score badly on a mandated standardized reading test.

The court on Friday said it would not consider an appeal brought by parents who had their children “opt out” on standardized tests.

The 1st District Court of Appeal in March threw out a ruling by a lower court judge who said school districts must consider options other than students’ performances on the Florida Standards Assessment test when deciding whether to promote a student.

Parents in six counties instructed their children to fill their name in on the test and not answer any questions. School officials then told the children they’d have to repeat third grade.


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