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

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
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
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
College & Workforce Readiness Webinar
Portrait of a Learner: From Vision to Districtwide Practice
Learn how one district turned Portrait of a Learner into an aligned, systemwide practice that sticks.
Content provided by Otus

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 Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice
Law & Courts Religious Charter Schools Push New Cases Toward Supreme Court
Advocates seeking to establish publicly funded religious schools in three states.
9 min read
The U.S. Supreme Court is seen, Wednesday, Jan. 14, 2026, in Washington.
The U.S. Supreme Court is seen on Wednesday, Jan. 14, 2026, in Washington. Religious charter advocates are betting a full Supreme Court will side with their efforts to establish religious charter schools.
Rahmat Gul/AP