State of Florida agrees to disclose qualifications of test graders
Legal Clips, May 2006
In order to settle a suit by two state senators, the State of Florida has agreed to disclose background data, but not identifying information, on temporary workers hired to grade the Florida Comprehensive Assessment Test (FCAT). Senators Les Miller and Walter "Skip" Campbell brought the suit questioning the $10-an-hour workers' qualifications to grade the test, which plays a crucial role in Florida's education system. Under the terms of the settlement agreement, the Florida Department of Education (FLDOE) will turn over the records of the persons grading the FCAT after removing names, addresses, and telephone and social security numbers. "We'll be getting the credentials, the degrees, and if their degrees are in education or if they taught school or whatever the case may be," Sen. Miller says. "Someone with any other degree we feel may not be competent to do this." The temporary workers were hired by CTB/McGraw Hill LLC, a state contractor, to grade written answers and essays. Neither the FLDOE nor CTB admit violating the state's open records laws by earlier refusing to disclose the information, according to the settlement, which also preserves the senators' claim that the workers' names are public records and not exempt from disclosure as trade secrets. Florida Education Commissioner John Winn agrees with CTB that graders' names should remain secret because competitors could otherwise hire from CTB's pool of trained workers. He also admits that the state has never checked the records of graders to determine if they have bachelor degrees, because that is a minimum requirement. "Our guidelines are so much higher than that," Mr. Winn says. "Our No. 1 qualification is how they perform." He points out that FLDOE staffers train and test the graders before they are assigned, and that the FLDOE continues to monitor their performance. He also notes if problems occur, the grader is retrained or terminated. The senators say they agreed to the settlement because it is more important to get the background information than to go to trial. Sen. Miller says the focus of the suit is to "make sure that properly trained people are grading the test."
Miami Herald
By Bill Kaczor (Associated Press)
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[Editor's Note: This development follows revelations earlier this year that 4,411 students nationwide received incorrectly low scores on their October SATs. That incident prompted a lawsuit that seeks class action status. See below.]
Los Angeles Times
By Stuart Silverstein
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Chicago Sun-Times
By Brian Bakst
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