Law & Courts

Fla. Senators to Get Data on Qualifications of Test Scorers

By Rhea R. Borja — May 23, 2006 3 min read
  • Save to favorites
  • Print

Two Florida state senators have won Round 2 in their bout with the nation’s largest educational testing company and the state’s education department to learn the academic qualifications of temporary workers who score Florida’s high-stakes tests.

The lawmakers sued the test-maker and the agency last month after the senators’ initial requests for the information were rebuffed.

CTB/McGraw-Hill, the Monterey, Calif.-based company that has a three-year, $86.5 million contract with Florida, agreed on May 11 to release the educational credentials of some 2,500 temporary workers who score the Florida Comprehensive Assessment Test, or FCAT.

As part of the agreement, however, the company will not have to divulge the names, addresses, or other personal information on the scorers.

CTB’s decision was in response to the lawsuit that Sen. Lesley “Les” Miller and Sen. Walter G. “Skip” Campbell Jr., both Democrats, filed April 24 in Leon County Circuit Court.

The company and the department defended their stand by arguing in written responses that the information was a “trade secret,” and that releasing it could jeopardize the workers’ safety.

The lawmakers justified their request by saying that the graders’ names are public records.

They also had questions about whether the workers were qualified to score the high-stakes tests, asserting that the temporary scorers should have education-related degrees or teaching experience, not just any bachelor’s degree.

About 1.7 million students a year in grades 3-11 take the FCAT. The results are used to grade school performance, determine whether students are promoted to the next grade, and, in the future, will be used to help determine teachers’ salaries.

“With such high stakes resting on just one test, accountability is important,” Sen. Campbell said in a statement. “It shouldn’t have taken a lawsuit to pry open those files.”

Lawsuit Dropped

The senators dropped their lawsuit the same day CTB decided to release the information.

Under the terms of the agreement, the company and the education department do not admit to any violation of the state public-records law as alleged by the suit. Meanwhile, the lawmakers continue to maintain that the names of the FCAT scorers are public information, and consequently “not exempt from disclosure as trade secrets.”

CTB has until May 26 to deliver the workers’ academic credentials, such as college degrees and transcripts, to the lawmakers. The company will obtain the documents from two subcontractors: Kelly Services Inc. of Troy, Mich., and Measurement Inc. of Durham, N.C.

Kelly Services recruited scorers to grade the reading, mathematics, and science portions of the FCAT. The essay portion of the test is graded by workers recruited by Measurement Inc.

Officials from the Florida education department and CTB say the senators are too focused on the workers’ educational qualifications.

A bachelor’s degree, they say, is the base requirement to apply for a temporary scorer’s position. The workers must also undergo one week of intensive training and maintain consistent performance in scoring the tests.

“It’s very rigorous,” said Kelley L. Carpenter, the communications director for CTB.

“Under the FCAT contract, each essay is read by at least two scorers, and experienced supervisors constantly monitor them,” Ms. Carpenter said. “This is a practice used widely throughout the testing industry.”

Employing temporary workers is also a common practice. Florida has used them to score the FCAT for 10 years, said Cathy Schroeder, a spokeswoman for the state education agency.

“What matters is the scorers’ accuracy, reliability, and the validity of their scoring,” she said. “And the senators have unfortunately hinged on just whether or not they have a degree.”

But it’s not over till it’s over.

Sen. Campbell says that if he’s not satisfied with the information CTB gives them, he may propose legislation to raise test scorers’ requirements and require state workers to grade the tests. And according to Sen. Miller, further litigation may be taken if the lawmakers find the CTB information lacking.

Related Tags:

A version of this article appeared in the May 24, 2006 edition of Education Week as Fla. Senators to Get Data on Qualifications of Test Scorers

Events

English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Better Tools, Not More: What Educators Say About Teaching and Technology
Optimism is up. AI use is rising. Coherence is the next challenge. Hear what the 2026 Educator Confidence Report reveals about the field.
Content provided by HMH
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
The Relationship Advantage for Attendance, Engagement, and Achievement
Relationship-building goes beyond back-to-school. Get practical ideas from district leaders and educators to strengthen student connections.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images