Florida OPT OUT Guide Updated for 2014 -2015 (3) Amended July 11

State by state template created by UOO, http://unitedoptout.com

This is not a legal document. It is for informational purposes only.

Template revised: 6.13.13

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Testing opt-out/Refusal guide for FLORIDA

Form completed by UOO Administrator (CS)

Contact information [email protected]

Florida FCAT based on Next Generation Florida Sunshine State Standards

(NGSSS) has been replaced by the Florida Standards Assessment Test (FSA)

developed by The American Institutes for Research (AIR) and piloted in Utah.

However, students who scored below proficient levels on NGSSS assessments last

school year and before will be scheduled to take FCAT Retake Assessments and End

of the Course Exams that are based on NGSSS. Below is a list of the FSA and NGSS

based assessments followed by a schedule for the assessments.

Florida Standards Assessments

FSA English Language Arts Writing Component Field Test 4 - 11(select schools only)

FSA English Language Arts Writing Component 4 11 (4th grade paper-based)

FSA English Language Arts/Mathematics 3 4 (paper-based)

FSA English Language Arts 5 11

FSA Mathematics 5 8

Algebra 1, Geometry, Algebra 2 End of Course Assessment

Next Generation Sunshine State Standards (NGSSS) Assessments

FCAT Mathematics Retake (SSS) retained 10 AD

FCAT Reading Retake retained 10 AD

FCAT 2.0 Science 5 and 8

Algebra 1 Retake, Biology 1, Civics, Geometry Retake, U.S. History End of Course Assessments

Other Statewide Assessments

Florida Kindergarten Readiness Screening (FLKRS)

Florida Assessments for Instruction in Reading (FAIR) (optional K-12)

ACT Plan

Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT)

National Assessment of Educational Progress (NAEP) grades 4, 8, 12 reading, math and science

Comprehensive English Language Learning Assessment (CELLA)

Alternative Assessments for Students with Significant Disabilities

Advanced Placement (AP) Exams

Postsecondary Education Readiness Test (PERT)




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file:///C:/Users/Ceresta/Downloads/Florida%20Assessment%20Program%202014-

2015%20Schedule%20-%20Copy%20(1).pdf




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file:///C:/Users/Ceresta/Downloads/Florida%20transition%20to%20CBT%20-

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Special Considerations and Graduation Requirements for the Above Assessments

Logistically, a parent can refuse to have their child sit for all state standardized

assessments and still have the child promoted to 4th

grade and graduate with a

standard diploma.

Florida retains students who are unable to pass 3rd grade reading assessments.

However, a Florida statute does allow for portfolio review by teachers and

administrators in lieu of a passing score

(http://www.fldoe.org/board/meetings/2008_02_19/Item%204%201-094221.pdf):

The district school board may only exempt students from mandatory retention, as

provided in paragraph (5) (b), for good cause. Good cause exemptions shall be limited to

the following:

1. Limited English proficient students who have had less than 2 years of instruction in

an English for Speakers of Other Languages program.

2. Students with disabilities whose individual education plan indicates that

participation in the statewide assessment program is not appropriate, consistent with the

requirements of State Board of Education rule.

3. Students who demonstrate an acceptable level of performance on an alternative

standardized reading assessment approved by the State Board of Education.

4. Students who demonstrate, through a student portfolio, that the student is reading on

grade level as evidenced by demonstration of mastery of the Sunshine State Standards in

reading equal to at least a Level 2 performance on the FCAT.

Graduation testing requirements vary depending on when your child entered high

and the particular diploma track he/she is following. 10th grade reading (either

FCAT or FSA) and Algebra I EOC passing scores are requirements for graduation

with a standard high school diploma. Passage of the other EOC tested subjects (tests

are 30% of the course grade) is required as well even though passage of the actual

tests are not required for graduation. EOCs are to be written by individual districts

for every course other than those generated by the state. This school year students

are to take an EOC in every single course in which they are registered. Note: This

policy failed in Texas.

In addition to standard diploma requirements, passage of the 11th

grade FS

language arts assessment, and passage of one industry certification for students specific discipline is required for the Merit Diploma .

Note: When one searches others sites besides the Florida Department of Education,

they may list that Algebra II EOC, Biology EOC, and U.S. History EOC are required

for the Scholars Diploma. Check with the school counselor to determine who and what tests are required for the Scholars Diploma. Also, this distinction is of little consequence for college admission. And, it is causing confusion as to who needs to

take what. See the excerpt from the Orlando Sentinel:




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The "scholar" designation was a small portion of the legislation, but educators say it has

created an outsized amount of frustration and confusion. That's in large part because of its

retroactive test requirements that depend on when students started high school.

The Florida Department of Education has provided conflicting information on its

website about the new testing requirements, and different schools also have given

different guidelines.

Education Department officials said students mostly juniors and seniors might need

to take two exams for courses they've already completed, those in biology and U.S.

history. They said students should not have to take any mathematics exams, as Tilley's

family was told.

"It's unbelievably confusing," said Mike Blasewitz, senior administrator who oversees

Seminole County high schools.

Even though the standards and the names of the assessments have changed, Florida

statutes still allow for the use of concordant scores

(http://fcat.fldoe.org/pdf/fcatpass.pdf) for graduation with a standard diploma.

Keep in mind that SAT and ACT tests (concordant score options) are being revised

to adhere to CCSS. We will post revisions as they come:

"1008.22 (10) CONCORDANT SCORES FOR THE FCAT. --

(a) The Commissioner of Education shall analyze the content and concordant data sets

for nationally recognized high school achievement tests, including, but not limited to, the

PSAT, PLAN, SAT, ACT, and College Placement Test, to assess if concordant scores for

FCAT scores can be determined for high school graduation. When content alignment and

concordant scores can be determined, the Commissioner of Education shall adopt those

scores as meeting the graduation requirement in lieu of achieving the FCAT passing

score and may adopt those scores as being sufficient to achieve additional purposes as

determined by rule. Each time that test content or scoring procedures change for the

FCAT or for a high school achievement test for which a concordant score is determined,

new concordant scores must be determined.

1008.22 (11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS. --

(a) The Commissioner of Education shall analyze the content and equivalent data sets

for nationally recognized high school achievement tests and industry certification tests

under the Industry Certification Funding List, pursuant to rules adopted by the State

Board of Education, including, but not limited to, grade 10 FCAT Mathematics retakes

until such retakes are discontinued pursuant to subsection (9), the PSAT, the PLAN, the

SAT, the ACT, and the College Placement Test, to assess if equivalent scores for end-of-

course assessment scores can be determined for passage of an end-of-course assessment.

When content alignment and equivalent scores can be determined, the Commissioner of




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Education shall adopt those scores as meeting the requirement to pass the end-of-course

assessment and as being sufficient to achieve additional purposes as determined by rule.

Each time that assessment content or scoring procedures change for an end-of-course

assessment or for a high school achievement test or an industry certification test under

the Industry Certification Funding List, pursuant to rules adopted by the State Board of

Education for which an equivalent score is determined, new equivalent scores must be

determined.

(b) Use of an equivalent score adopted by the State Board of Education under

paragraph (a) for purposes of grade adjustment, grade forgiveness, or course credit

recovery is contingent upon and subject to district school board rules.

As of October 22, 2013, the test results for the Post-Secondary Education Readiness Test

(PERT) for math can be used as a concordant score for the Algebra EOC if a student is

unable to pass the Algebra EOC. See below:

On September 17, 2013 the State Board of Education approved an amendment to Rule 6A-10.0315, Florida Administrative Code (FAC), addressing changes to college-ready cut scores for the Postsecondary Education Readiness Test (PERT) and the American College Testing Program-Enhanced ACT.

o The effective date for the rule change will be October 22, 2013. Students scores for any tests taken on or after October 22nd must meet these new criteria. Any scores for tests taken prior to October 22nd must meet the previous cut scores.

o Revised college-ready scores for PERT are as follows:

PERT Before October 22, 2013 On or After October 22, 2013 Reading 104 106 Writing 99 103

Mathematics 113 114

o Revised college-ready scores for the ACT are as follows:

ACT Before October 22, 2013 On or After October 22, 2013 Reading 18 19 English 17 17

Mathematics 19 19

In addition, new Rule 6A-1.094223 FAC establishes a concordant score linking the Florida Algebra 1 EOC assessment and the mathematics portion of the PERT.




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Assessment Score Algebra 1 Level 3

(Scale Score 399) PERT Mathematics 97

The data mining that was to accompany state testing has been curtailed via the

following declaration:

STATE OF FLORIDA OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 13-276 (Florida Plan for Education Accountability)

WHEREAS, the Federal government has no constitutional authority to unilaterally set academic

standards for Florida, nor any authority to unilaterally direct local school board decisions on

curriculum and instruction; and

WHEREAS, Floridians will not accept Federal government intrusion into the academic standards

that are taught to our students in our classrooms and will not tolerate the Federal government

using such standards to coerce policy decisions at the state or local level on the issues of

assessments, curriculum, and instructional materials, which are within the Constitutional

purview of Florida's state and local governments; and

WHEREAS, the Partnership for Assessment of Readiness for College and Careers (P ARCC)

assessments, as designed today, do not meet the needs of our students or the expectations of state

leaders in their cost effectiveness, length of testing time, prescriptive computer-based testing

requirements, and excessive involvement by the United States Department of Education; and

WHEREAS, Floridians have raised concerns about the Federal government's interest in using

educational standards and assessments to collect data on psychological attitudes, values, and

beliefs; and

WHEREAS, section l002.221 (2) (a), Florida Statutes, directs that without the written consent of




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the student or parent, an agency, public school, center, institution, or any other entity that is part

of Florida's education system is prohibited from releasing a student's education records; and

WHEREAS, making changes to the school grades calculation mid-year or during major academic

transitions is unfair to students, parents, and teachers; and

WHEREAS, the State Board of Education can offer stability by limiting changes to Florida's

school grade accountability system until new state assessments are implemented; and

WHEREAS, the United States Department of Education has unfairly issued policies on

achievement measures for English language learners (ELL)/English for speakers of other

languages (ESOL) students and has coerced states to enact them; and

WHEREAS, the State has a specific role in ensuring that districts evaluate the performance of

their teachers and school administrators in a fair and consistent manner; and

WHEREAS, district evaluation systems are intended to meet state standards for high quality and

to include each district's authority for local decision-making so that their evaluation system

supports student learning and addresses the needs of their local system. 1

NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested

in me by the Constitution and the laws of the State of Florida, do hereby issue the following

Executive Order to take immediate effect, in order to ensure a Florida Plan for Education

Accountability that best serves the interests of Floridians:

Section 1. State Standards Assessments

(a) The Commissioner of Education shall recommend to the State Board of Education the

establishment of an open process to procure Florida's next assessment by issuing a competitive

solicitation that sets forth the following assessment criteria:

a. Provides timely and informative reports of results;

b. Includes costs that are in line with current assessment costs;

c. Ensures that testing time for students is not significantly different from current assessments;

d. Provides for summative assessments to occur as close as possible to the end of the school

year;

e. Measures student mastery of the standards taught, including comparability to other states;

f. Includes test quality metrics that are as rigorous as current assessments;

g. Provides results that can be used in conjunction with Florida's school accountability system;

h. Requires technology parameters that are defined and can be supported, including appropriate

accommodations for exceptional students.

(b) The Commissioner of Education shall recommend to the State Board of Education the

termination of Florida's role as the fiscal agent for PARCC no later than December 31, 2013.

Section 2. Student Data Security

(a) The Commissioner of Education shall immediately conduct a student data security review and

issue policies, including internal protocols and operating procedures, for the Department, school

districts, and any assessment provider or other entity with access to student data, in order to

protect student information and prevent any unintended use or release of such information.

(b) The Commissioner of Education shall also make recommendations regarding any needed rule

or legislative change to safeguard the privacy of our students' data by December 31, 2013.




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(c) The Commissioner of Education shall ensure that adequate protections are in place to ensure

that no agency, public school, center, institution, or any other entity that is part of Florida's

education system releases a student's education records without the written consent of the student

or parent to any individual, agency, or organization, except as specifically provided by Florida

law.

Section 3. School Accountability System

(a) The Commissioner of Education shall recommend to the State Board of Education that only

specific changes outlined herein be made to the school accountability system in order to provide

stability and clarity to Florida's students, parents, and teachers during the 2013-14 and 2014-15

school years when schools will transition to new state assessments pursuant to the Florida Plan

for Education Accountability.

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(b) Changes during this period shall be limited to inclusion of the U.S. History end of course

exam, other technical changes directed by statute, and the adoption of State Board of Education

emergency rules meant to ensure a stable transition.

(c) The Commissioner of Education shall immediately recommend the State Board of Education

resubmit Florida's Elementary and Secondary Education Act (ESEA) waiver and make it clear

that Florida will not comply with terms involving Federal overreach into the handling of ELL and

ESOL student achievement measures in the school accountability system.

(d) The Commissioner of Education and State Board of Education shall continue to make any

necessary recommendations to the Governor and Florida Legislature to further ensure that

Florida's education accountability system is fair and transparent.

Section 4. Teacher Evaluations

The Commissioner of Education shall review the summit participants' contributions regarding

teacher evaluations and provide the Governor, the State Board of Education, and the Legislature

with are commended action plan no later than December 31, 2013, to ensure the successful

implementation of teacher evaluations.

ATTEST:

IN TESTIMONY WHEREOF, I have hereunto set my

hand and have caused the Great Seal of the State of

Florida to be affixed, at Tallahassee, this 23rd day of

September, 2013.

RICK SCOTT, GOVERNOR

The above resolution suggests that modifications will be made to the laws cited below:

Issues with Florida SB 878 Common Core Linked Data Warehouse Bill

Issues with Florida SB 878 Common Core Linked Data Warehouse Bill Karen R. Effrem, MD President, Education Liberty Watch Executive Summary SB 878 is a huge danger to the data privacy of Floridas children and their families for the following reasons:

1) It is being written to comply with the longitudinal data system requirements of the

Stimulus bill in general, the Race to the Top grant program, and the No Child Left

Behind waivers so that the state can receive funds, not on behalf of the students of

Florida and their families.




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2) According to the US. Department of Education, the Common Core related

assessments will be assessing students on various psychological parameters, not just on

academic issues, so that the assessment in Floridas K-20 Warehouse will definitely include psychological assessment data.

3) According to numerous sources, health and psychological data in education

records covered by the Family Education Rights and Privacy Act (FERPA) are not

subject to the Health Insurance Privacy and Portability Act (HIPPA) privacy protections.

4) The bill aligns Floridas data system with the National Center for Education Statistics National Data Model which contains hundreds of data items on each and every

child in the state that include both academic and non-academic data, such as religious

and political affiliations, mental health data, medical data, bus stop and bus route

description, and even DNA sequence. The federal and state governments have no legal

or constitutional right to this amount and detail of information on innocent American

citizens, especially since it is being stored without parental consent.

5) Although the bill language strives to make it appear that privacy is protected by the

various provisions that rely on the Family Educational Rights and Privacy Act (FERPA)

passed by Congress to protect student privacy, the Obama administrations weakening of the law via regulation have created broad exceptions to the requirement to obtain

parental consent before releasing individual data that many entities including a

contractor, consultant, volunteer, or other party Therefore, this very sensitive, private data will go to outside parties and many government entities without parental

consent.

6) The bill combines the K-20 Data Warehouse with the Department of Economic

Opportunitys Wage Record Interchange System so that all of your childs personal and private data will follow them not only throughout their academic careers, but throughout

their work lives as well.

7) The U.S. Department of Education is being sued by the Electronic Privacy

Information Center because it has so weakened the FERPA. [1] And parents, the PTA

and the ACLU in states that are part of the inBloom database that already holds data on

millions of children from nine different states [2], are protesting to education officials

and seem poised to bring lawsuits in those states. Florida will be open to this kind of

legal action if this bill becomes law.

Procedures for opt-out/refusal

For parents who choose to opt out of the testing, following are recommended

procedures:

1. Submit an opt out letter to the school site administrator, which includes your rights as

the parent or legal guardian of the student (see Get Tough Guide on UOO website).

2. Provide your own written statement that you are aware you are not required to keep

your child home during the testing window.




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3. Secure alternative in school academic assignments/activities for your child during the

testing window.

4. Know the legal requirements for high school graduation, but advocate for alternative

assessments to be used to determine student proficiency in the required subjects such as a

portfolio review for elementary and middle school students, all of which are voluntary

and will provide the parent with the student's actual completed work demonstrating

proficiency.

4. Be adamant in your resolve to exempt your child from testing, which can include any

or all the following:

Seeking legal assistance

Seeking police protection if your child meets with verbal or physical force in an attempt to have him/her report to a testing area

Organizing and attending regular meetings with opt out support groups or consult online groups

Contacting any of the United Opt Out administrators for additional support or information

Sample language to include in opt-out/refusal

To Whom It May Concern:

Please be advised that our child will not be participating in state standardized testing

during the current school year. Furthermore, we ask that no record of this testing be part

of our child's permanent file, as we do not wish our child to participate in standardized

achievement testing for promotion, graduation, or school/state report cards.

We believe the following of forced, high stakes testing:

Is not scientifically-based and fails to follow the U.S. Government's own data on learning

Fosters test driven education that is not meeting the individual/intellectual needs of students

Presents a racial and economic bias detrimental to second language students, impoverished students, and students of color

Violates fiscal fairness in funding schools

Supports complicity of corporate interests rather than democracy based on public concerns

Fosters coercion over cooperation with regards to federal funding for public education

Promotes a culture of lying, cheating, and exploitation within the school community

Has used the achievement gap to foster a de facto segregation that has resulted in separate and unequal education for minorities




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We understand that federal law provides the parent or guardian the right of choice

regarding standardized testing when such testing violates beliefs. In contrast to our

beliefs, which are firmly rooted in a moral code that embraces equity and fairness, we

believe such testing is not in the best interests of our child since it fosters competition

instead of cooperation, contributes to separate and unequal education for minorities, and

belies our child's intellectual, creative, and problem-solving abilities, while presenting a

fictitious picture as to the impact of the pedagogy provided by our child's individual

educators.

Ultimately, our state is required to provide our child with an education in a least

restrictive environment that does not force us to go against our core beliefs. My child

should proceed to learn and develop at an individual pace following education standards

that are imparted under the guidance of education professionals, not market-based

reformers, who are able to provide quality pedagogy without fear of reprisal if students -

who mature at vastly different levels and come from diverse backgrounds that may or

may not be supportive of intellectual pursuit - do not hit the bulls' eye of a constantly

moving achievement target.

Therefore, we request that the school provide appropriate learning activities during the

testing window and utilize an alternative assessment portfolio or concordant college

testing score to fulfill promotion and or graduation requirements, as our child opts out of

standardized testing.

Sincerely,

Child's Name ____________________________________________

ID#_________________________

Resources and organizations

SOS Florida https://www.facebook.com/groups/149781225088781/members/

Opt Out Orlando https://www.facebook.com/groups/261827207286648/

Parents Across America http://parentsacrossamerica.org/affiliates/

Florida BATS https://www.facebook.com/groups/603022716383300/

Floridians Against Common Core Education http://www.flcommoncore.net/index.html

Opt Out Broward https://www.facebook.com/optout.broward?fref=ts




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State specific watch-list

StudentsFirst Fl. (Michelle Rhee)

Foundation for Excellence in Education (Jeb Bush)

Foundation for Florida's Future (Jeb Bush)

Teach For America (Wendy Kopp)

Parent Revolution

Sen. Anitere Flores (R-38)

Sen. John Thrasher (R-6)

Additional or miscellaneous information

Common Core State Standards (CCSS) were adopted by Florida legislators in 2010.

However, due to pressure from Florida constituents, lawmakers and Florida Department

of Education renamed the Common Core State Standards to be called Florida Standards

(FS). There is negligible difference between CCSS and FS.

FSA, like CCSS, have been implemented without following the laws for experimental

procedure. This lack of following procedure has been referred to as cognitive abuse on

children who are being used as test subjects.

Below is a definition of what is scientifically proven data:

Both the Individuals with Disabilities Education Act (IDEA) and Elementary and

Secondary Education Act (ESEA) require that schools use programs, curricula, and

practices based on scientifically-based research to the extent practicable. This means that whenever possible, the educational interventions being used must be strongly

supported by evidence from well-conducted research studies. Educational research may

be said to be scientific when it includes the following:

Uses a sound research design

Is tested teaching strategy

Is based on high quality data analysis

Researchers who have carefully collected, stored and examined the data

Involves other researchers to review the results

Study is reported in a journal so other researchers can review the methods used and repeat the research in other settings.

From Parentcenternetwork.org-resource




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Also, parents may take into consideration the laws that are allegedly violated by the

standards, the testing, and the data collection.: Constitution, The

General Educational Provisions Act, the No Child Left Behind Act, the

Family Educational Rights and Privacy Act, and the Protection of Pupil Rights

Amendment?

The General Educational Provisions Act (20 USC 1232a) (GEPA) also prohibits

federal overreach. It states:

No provision of any applicable program shall be construed to authorize any department,

agency, officer, or employee of the United States to exercise any direction, supervision,

or control over the curriculum, program of instruction, administration, or personnel of

any educational institution, school, or school system, or over the selection of library

resources, textbooks, or other printed or published instructional materials by any

education institution or school system, or to require the assignment or transportation of

students or teachers in order to overcome racial imbalance.

Elementary and Secondary Education Act of 1965 as amended by the No Child Left

Behind Act of 2001 (20 USC 7907(a)) (NCLBA) also makes the federal over-reach of

CCSS ill-advised. It states:

Nothing in this Act shall be construed to authorize an officer or employee of the Federal

Government to mandate, direct, or control a State, local educationalagency, or schools

curriculum, program of instruction, or allocation of State and local resources, or

mandate a State or any subdivision thereof to spend anyfunds or incur any costs not

paid for under this Act.

FERPA Family Educational Rights and Privacy Act (20.U.S.C. Sect 1232g et seq ),

which is a national Student Privacy Law requiring written parental consent. FERPA

provides student and parent access to school records and a parents right to request

modification of them; as well as protecting confidentiality of student records. It should be

noted that a student or teacher who feels that one of these statutes passed by the United

States Congress has been violated by state action may bring an action in a federal court

after exhausting the applicable administrative remedies.

Protection of Pupil Rights Amendment (PPRA), (20 U.S.C. 1232h),

which requires [School District] to notify you and obtain consent or allow you to opt your

child out of participating in certain school activities. These activities include a student

survey, analysis, or evaluation that concerns one or more of the following eight areas

(protected information surveys):

Political affiliations or beliefs of the student or students parent;

Mental or psychological problems of the student or students family

Sex behavior or attitudes;




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Illegal, anti-social, self-incriminating, or demeaning behavior;

Critical appraisals of others with whom respondents have close family

relationships;

Legally recognized privileged relationships, such as with lawyers, doctors, or

ministers;

Religious practices, affiliations, or beliefs of the student or parents; or

Income, other than as required by law to determine program eligibility.

This requirement also applies to the collection, disclosure or use of student

information for marketing purposes (marketing surveys), and certain physical

exams and screenings.

Florida OPT OUT Guide Updated for 2014 -2015 (3) Amended July 11

Documents

Transcript of Florida OPT OUT Guide Updated for 2014 -2015 (3) Amended July 11