Retention: 3rd GRADER FACING MANDATORY RETENTION IN FLORIDA

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Lea:  My son is in the 3rd grade and has had an IEP since first grade due to dyslexia and ADHD. He failed the FSA and earned a level 1, but he missed a level 2 which is what he needed to go to the 4th grade by 13 points. He is currently in summer school so that he can have one more chance to move on to the 4th grade by passing the SAT 10. My question is I don’t have total confidence that all of his accommodations were provided during the FSA, even though the school assured me he did. He was supposed to have all the questions and answer choices read to him and he told me only some were read to him. In addition he passed all of his core classes including reading in 3rd grade, yet the FSA can force him to be retained and the Florida law says that students that earn a level 1 and have a substantial reading deficiency must be retained. He does not have substantial reading deficiency, he only has trouble taking tests due to his disability. Can I fight this mandatory retention? If so how?

  1. My son is in 3rd grade. He has been diagnosed with Autism and other delays. He is very smart, but things are difficult for him. He can read beautifully, but struggles in comprehension. Obviously his IEP as written isn’t helping him and now I got the letter of possible retention. This will DEVASTATE my son and all I want is for him to get the support he needs because he can learn!!!

  2. My son has not ever failed a class not even a D but his EC teacher said that even with his IEP if he fails the testing he will be held back possibly. We live in NC and I am trying to make sure I do every single thing I can to stop it. I have dyslexia and so does my dad and now my son so I know how horrible retention is for a child.

    • Hi Nikita, “Research tells us that fear and humiliation are not the strongest motivators for struggling students.” (The Grade Retention Fallacy published by the Harvard Civil Rights Project).

      If your child receives good grades but can’t pass the state testing, your son’s IEP has not provided him with a FAPE (free appropriate public education) and the special ed services he needs.

      Please document in writing what the EC teacher told you. Use the facts in your comment in an email to the teacher, the principal, and the special education director. Clarify that you had no reason to think your child was likely to fail the testing and be retained until now. Request a meeting with the principal. Your question: what does the school plan to do to help your child and prevent him from being retained?

      To advocate for your child, you need to learn about retention. Go to our Retention page here: https://www.wrightslaw.com/info/retain.index.htm You will find several articles about retention and the damage retention causes.

      Download and read the Position papers about Retention from the National Association of School Psychologists: https://www.wrightslaw.com/info/fape.grade.retention.nasp.pdf

      Make copies of info about retention for members of your child’s team so they understand that retention is not an appropriate intervention.

      In all your dealings with school staff, be polite and use facts not emotions.

      Please keep us posted.

  3. Hi! I see this thread is old but hoping I can get answers.My child is in Private school and to go into 3rd grade. She has been testing terribly lately and unfortunately her teachers have made it a very unhappy experience by telling her 3rd quarter she may have to repeat 2nd grade. The only class she is not passing so far is Math and due to issues with the teacher that are still going on. Her 1st quarter grade was an 80 and she is beyond capable of passing Math and of course has 3 months to gain more confidence here. If the private school says she cannot pass she will be stuck with this horrific teacher again so it is not an option. What are the Private school rules for a church school in Florida.. Anyone?

  4. Lea – 1) You still have options. If your son has no actual reading deficiency, your child shouldn’t be retained simply because of his FSA score. FL statute: “The FSA is not the sole determinant for promotion or retention.” 2) Email principal and request child’s “complete academic record, including all assessments and results.” 3) If you have all of your child’s work from the 3rd grade, you may be able to compile a portfolio that meets state requirements. You can get it certified by a state-certified teacher and get him promoted. There’s more.
    Read: https://theoptoutfloridanetwork.wordpress.com/2019/05/25/my-child-failed-the-fsa-now-what/

    Join us: https://www.facebook.com/groups/optoutfloridathirdgrade/

  5. I did a little reading about the situation in Florida: http://www.fldoe.org/core/fileparse.php/3/urlt/qa-03-17.pdf which I found at http://www.fldoe.org/accountability/assessments/k-12-student-assessment/fsa.stml

    I read: “Students not meeting these criteria may still meet promotion requirements through any one of six good cause
    exemptions.” So these “good cause exemptions” are what you need to find out more about. Try the web first — but remember that you are entitled to get your questions answered. If your district doesn’t give you clear answers, call State Ed. Arm yourself with some patience — in my state, calling state ed requires a hefty dose of patience.

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