Judge sets Friday hearing to consider Florida third-grade retention case
With the understanding that some Florida students could be starting third grade for the second time on Monday, Leon Circuit Court Judge Karen Gievers has agreed to quickly take up parents' request for an injunction against the action.
Gievers has ordered an evidentiary hearing for 2 p.m. Friday at the Leon County Courthouse.
In their lawsuit, parents have contended that Florida's 13-year-old rule requiring third graders who score poorly on the state's spring reading exam repeat the grade in unfair and unconstitutional. They have suggested that if a child performed well in class, he or she should not need to provide a test score in order to gain promotion.
The judge will listen to the information and, since it's an emergency motion, perhaps even rule before the kids have to show up for class. Stay tuned.