© 2025 WGCU News
PBS and NPR for Southwest Florida
Donate
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

State Appeals Court Overrules Decision in Florida School Testing Lawsuit

WUSF | By Cathy Carter
Published March 7, 2017 at 12:53 PM EST
Hailey Everett, Maddison Hohman, and Madelynn Kinkade were not promoted to fourth grade, despite receiving all A's and B's on their report cards at Chocachatti Elementary School in Brooksville. Their parents instructed them to "opt-out" of the FSA.
Courtesy Melinda Hohman
Hailey Everett, Maddison Hohman, and Madelynn Kinkade were not promoted to fourth grade, despite receiving all A's and B's on their report cards at Chocachatti Elementary School in Brooksville. Their parents instructed them to "opt-out" of the FSA.

A state appeals court has overturned a ruling concerning school testing in Florida.

The judgment is a major setback for the “Opt-Out” movement.

Each spring, third graders in the state's public schools must take the Florida Standards Assessment, or FSA. Students who fail this standardized reading test can be held back.

But what happens if a student refuses to take the test?

Last year a number of parents instructed their children to do just that. The students filled in their names on the test but did not answer any questions. 

When those students were not allowed to move on to fourth grade, plaintiffs from several counties, including in Pasco and Hernando, filed a lawsuit against their respective school districts and the Florida Department of Education.

Last August, a Leon County Judge sided with the plaintiffs and said school districts must consider options other than the FSA when deciding whether to promote a student.

The appeals court threw out that ruling Tuesday saying the state has a compelling interest to make sure children can read before promoting them.

Copyright 2020 WUSF Public Media - WUSF 89.7. To see more, visit .

Tags
EducationGovernmentStandardized TestingLocal
Cathy Carter
Cathy Carter is the education reporter for WUSF 89.7 and StateImpact Florida.
See stories by Cathy Carter
Trusted by over 30,000 local subscribers

Local News, Right Sized for Your Morning

Quick briefs when you are busy, deeper explainers when it matters, delivered early morning and curated by WGCU editors.

  • Environment
  • Local politics
  • Health
  • And more

Free and local. No spam. Unsubscribe anytime.

More from WGCU
  • FILE - Supporters of the LGBT wave their flag in front of the U.S. Supreme Cour, Oct. 8, 2019, in Washington.
    Government & Politics
    Supreme Court rejects call to overturn its decision legalizing same-sex marriage nationwide
    The Associated Press
    The Supreme Court has rejected a call to overturn its landmark decision that legalized same-sex marriage nationwide. The justices on Monday turned away an appeal from a former Kentucky court clerk who refused to issue marriage licenses to same-sex couples after the Supreme Court's 2015 ruling. Clerk Kim Davis had been trying to get the justices to overturn a lower-court order that she pay $360,000 in damages and attorney's fees. Justice Clarence Thomas has urged his colleagues to overturn the Supreme Court's marriage decision, much as they did in 2022 when the high court overturned the right to abortion.
  • Weather
    Florida's arctic blast is on the way; here's your mid-autumn forecast
    Irene Sans
    Temperatures will be about 20 degrees below average for this time of year, and the wind will make it feel even colder! How long will it last?
  • Environment
    Gray Catbirds – “Skulkers” and Hunters in Dense Vegetation
    Dr. Jerry Jackson
    Gray Catbirds are in a bird family known as the “Mimidae” – because they mimic other birds, other animals, and even mechanical sounds. Other members of their family in Florida include the Brown Thrasher and the Northern Mockingbird – two excellent mimics that we often see and hear year-round as they feed, sing, and nest in relatively open vegetation. They often mimic the vocalizations of other bird species and it has been suggested that their mimicry may send the message that the area is crowded – and cause other birds to search for food elsewhere.