Appeals court hears Pinellas man's bid to see son's FCAT
By Times Staff Writer
Published September 19, 2003
TALLAHASSEE - The case of a Clearwater man who wants to see copies of the Florida Comprehensive Assessment Test that his son failed got a tough reception Thursday in a state appeals court.
A trial judge last October ruled that parents should be able to see the FCAT test booklets and the answer sheets to see if there was anything they can challenge.
The state appealed that decision to the 1st District Court of Appeal, which suspended the impact of the trial judge's ruling. A three-judge panel heard oral arguments Thursday and will rule at its discretion.
Steven Cooper's son is a high school senior who must pass the FCAT to graduate. The lawsuit began two years ago when he failed the test as a 10th-grader.
Daniel Woodring, the top lawyer for the state Department of Education, told the judges that under state law FCAT scores are part of a student's record but not the test itself. In fact, another state law makes it an actual crime to release the test, Woodring said.
But Mark Herdman, representing Cooper, said it was meaningless to release the test scores but not the test sheets that produced the scores. Without seeing the tests themselves, it's impossible for anyone to determine if there's a basis to challenge the score, Herdman said.
"Under your proposal we give (copies of) the FCAT to 2-million Florida school students every year," Judge Paul Hawkes told Herdman.
"No, under my proposal we follow the statute," Herdman answered, arguing that the statue allows parents to see the actual test.
"Which is to give it to the parents of 2-million school children," Hawkes said.
"If that's how it results, that's how it results," Herdman answered. "I don't have the ability to change the statute. I simply am trying to have the statute enforced."
Judge James Wolf told Herdman he had a problem carving out an exemption in the statute making it a crime to release the FCAT test.
Herdman said he wasn't asking for an exemption to be carved out. The laws don't contradict each other, he argued. Just as the state can be required under the law to keep the test confidential, so can parents, Herdman said.
Students in grades three through 10 take the FCAT, which forms the foundation for grading schools. It also plays a key role in deciding whether third-graders are promoted and whether seniors can graduate.
