Two legislators who requested information about workers who help grade state-mandated school tests have been told it's a "trade secret" and are considering whether a lawsuit is needed to get the facts.
State Sen. Les Miller, the Democratic leader from Tampa, and state Sen. Walter "Skip" Campbell, D-Tamarac, learned last week that graders were being recruited for jobs that pay $10 an hour. FCAT scores are used to grade public schools and as criteria for promoting students to the next grade.
After asking for graders' names and qualifications, the senators received a letter from the state education department telling them that CTB/McGraw-Hill, the company that administers the FCAT through a state contract, considers that information to be a trade secret. Trade secrets are exempt from public disclosure rules.
The names of graders "would be of significant commercial value to our competitors" and "subject scorers to potential intimidation and attempts to influence their work," the company said in a letter to the department.
Graders must have a bachelor's degree in a related field to the essay subjects students write about. Department spokeswoman Cathy Schroeder said her office would honor the company's decision and that the agency doesn't have graders' names.
A company spokeswoman, Kelley Carpenter, said recruiting temporary graders is a common practice in the industry.
Campbell and Miller said they are considering whether to sue.
"Basic common sense would tell you that if I'm representing to the people of the state of Florida that I've go all these qualified people, I'd at least know what the qualifications are," Campbell told the newspaper.
While some criticize these qualification requirements, open information advocates have also voiced their dismay at the education department's response.
"It's absurd," said Barbara Petersen, president of the First Amendment Foundation "I don't know how the names and qualifications of people who are hired to grade a required exam could be a trade secret.
"Of course, the company wants to protect everything. But the Department of Education is reneging on its constitutional responsibility," Petersen said.
