Testifying Monday in a lawsuit that could determine the future of high-stakes testing in Florida's public schools, parents of third graders held back for refusing to complete a statewide reading exam railed against what they called a flawed system that doesn't accurately measure students' abilities.

  • Lawsuit over 'illegal requirement to take state tests' heads to court
  • Asking for damages resulting from kids not being promoted to 4th grade

The parents are plaintiffs in the suit, which is being heard by Judge Karen Gievers of Leon County Circuit Court and seeks to overturn decisions by six school districts to bar third graders from advancing to the fourth grade this year because of their failure to complete the reading portion of the Florida Standards Assessment.

The problem-riddled test was ordered by the state's Republican leaders, including Gov. Rick Scott, amid the conservative political backlash against a widely used exam linked to the national Common Core standards. The districts offered the parents other methods of complying with the third grade graduation requirement, including alternative tests, but they refused.

"She's my child," said Michelle Rhea, who has enrolled her daughter in private school so she can begin the school year in the fourth grade. "Orange County doesn't get to decide what's best for my child."

The parents were also given the option of allowing their children to submit a 'portfolio' in substitution for a standardized test but, they contend, the guidelines weren't clear and varied from district to district.

"The portfolio was not a collection of her work, as I had asked for on three separate occasions. It was an assessment that I didn't agree with," said Seminole County parent Gabrielle Weaver.

If Judge Gievers, who at times during courtroom discussions has sounded sympathetic to the parents' arguments, strikes down the state's third grade retention policy, a significant blow could be dealt to Florida's high-stakes testing regime. The tests owe largely to the administration of former Gov. Jeb Bush, who has pointed to data indicating rising student achievement as a direct result of his education reforms.