A legal victory Friday for parents across Florida who challenged six school districts over the use of the controversial Florida Standards Assessment.

  • Judge ruled 3rd graders can't be retained solely on test scores
  • Admonished Dept. of Education for giving out misinformation to school districts

The judge ruled those districts – Broward, Orange, Osceola, Hernando, Pasco and Seminole -- cannot consider just test scores when it comes to holding third graders back a grade.

Gabi Weaver says it’s been a tough school year so far for her daughter. Camryn is having to repeat the 3rd grade.

“When she gets pulled for fourth grade math, the first day her friends asked why she has to return to a third grade class," Weaver said. "Her friends on the school bus ask questions.”

Weaver says her daughter Camryn is well above a third-grade reading level, but she refused to let her daughter take the FSA last spring because she said the test isn’t a good assessment of her daughter’s ability.

“This test was meant to be taken in the spring so they could identify children who have deficiencies, and they could help those children before the year ends," Weaver said. "That’s not what they did this year. They said if you don’t take it, you’re not going, and that’s kind of detrimental to everybody.”

But on Friday, a judge in Tallahassee ruled the school districts must also consider classroom grades and teacher evaluations, not just participation or performance on mandated standardized tests.

“We know now that report cards matter, which means teachers matter and our students are more than a number,” Weaver said.

We reached out to the Seminole County School District, but a spokesperson said they can't comment right now because this issue will likely continue in court.

Judge Karen Gievers also said the Florida Dept. of Education was handing out improper information that was partly to blame for the actions of some school districts.

She ordered the agency to stop "disseminating misinformation" on possible alternatives to passing the FSA.

State education officials say they are still reviewing the judge's ruling.