FCAT Graders, Match with Federal Law Scrutinized; Health Insurance and Child Welfare Falling Short

Florida Policy News, June 19, 2006

Graders Credentials Iffy, But Bush and Winn Say Test Scores Valid

Faced with mounting criticism over the qualifications of temporary workers who graded this year's Florida Comprehensive Assessment Test, Florida Education Commissioner John Winn said Monday that he was not satisfied with the hiring process.  (FCAT Graders Under Scrutiny, Miami Herald)

Despite his qualms, Winn was adamant that safeguards prevented any students from getting inaccurate scores on the high-stakes test.

The final results of the test graders' work -- school letter grades -- are set for release Wednesday. FCAT results are the biggest factor in whether third-graders are promoted, and high school students must pass in order to graduate.

Test graders are required to have a degree in a field related to the subject they're scoring or to have had sufficient courses or emphasis in a related field.

''There was a less than satisfactory implementation of this contract requirement,'' Winn said Monday.

Winn's statement comes as Senate Democratic staffers continue to pore through the files of more than 2,000 FCAT graders, finding some with questionable backgrounds.  ''They've been janitors, popcorn salesmen,'' said State Sen. Walter ''Skip'' Campbell of Tamarac, one of two Democratic senators who sued the state Department of Education for the records. ``I'm not too sure that's a person I want grading a child's test.''

In a settlement, Campbell and Senate Democratic Leader Les Miller of Tampa were given information about the graders' backgrounds but no identifying information.

Campbell said Monday that there was a ``disturbing pattern of people educated in Liberia, Poland and Germany. We don't know if some of these schools are accredited.''

Winn called the concerns about degrees from foreign universities ``not the kind of stereotyping I would like to advance.''  He said all the FCAT graders had the required bachelor's degree, although a number had sent what he described as ``incomplete paperwork.''

Cornelia Orr, the state's testing director, said the contract for grading -- which was written by the DOE -- is ambiguously worded. For example, it's not clear if a person with a degree in business administration who took a lot of statistics classes would be qualified to score the mathematics FCAT.

But Winn placed most of the blame on the company that holds the $86.5 million contract contract, California-based CTB/McGraw-Hill, which on Monday defended its performance.  ''They've undergone rigorous training and must maintain performance quality standards throughout the scoring process,'' said spokeswoman Kelley Carpenter.

Winn said the department will not fine CTB/McGraw-Hill, but could use the problem as a factor in determining future contracts.  For the next round of scoring, Winn said, the department will expect potential graders to meet all the background requirements.

While Winn admitted Monday that some problems existed, he questioned the motivation behind the senators' probe.  ''Even on political fishing expeditions, sometimes you catch a few fish,'' he said. ``I think a few fish were caught here. Fortunately, they weren't big ones.''

But Campbell, who is running for attorney general, insisted that the qualifications of evaluators are a concern, and that Winn was ``putting his head in the sand.  This is not a political fishing expedition -- it's to get to the truth,'' Campbell said.

►  "We believe the integrity of scoring is properly in place and no student has an improperly scored test," he said.  (FCAT graders will face tougher standards, Orlando Sentinel)

The state now requires the graders -- temporary workers hired at $10 an hour -- to have undergraduate degrees and to have taken sufficient course work in the subject areas they are responsible for grading. But the state does not specify what courses are needed to meet the latter requirement.

Winn said he determined there was a "failure of performance" in the course-work requirement after his staff reviewed more than 2,500 applications of individuals hired to grade this year's FCAT.

►  Two state senators asked the state education commissioner to resign Friday because a review of workers who grades students' FCAT answers revealed that two-thirds of them don't have degrees related to the questions they are scoring. They also asked that the state take over the hand-scoring process.  (State senators press FCAT scoring issue, Palm Beach Post)

In response, Education Commissioner John Winn stood by the test evaluators and said he is exploring possible illegal political activity by one of his critics, Sen. Walter "Skip" Campbell, D-Tamarac, who is running for attorney general.

"I will resign either when I choose to retire or when the state Board of Education asks for my resignation," Winn said. He went on to plug the hand-scoring process and said that regardless of degree or experience with education, scorers' training is the most important factor in whether they'll score answers correctly. But it would be expensive and inefficient for the state to take over the scoring, which happens just a few weeks each year. Testing company CTB/McGraw Hill uses the same sites across the country to score the answers of students from 20 states....

Winn also said Campbell's campaign sent fund-raising e-mails earlier in the week to education department workers' state government accounts.

"I do not think this is appropriate at all. Certainly a sitting senator should know better than this," Winn said. "There is a law that says you shall not solicit campaign money on state property."

►  Gov. Jeb Bush said Tuesday he is confident in the scoring accuracy of the FCAT, despite criticism that some of the temporary workers who grade the high-stakes tests are unqualified.  (FCAT scoring is accurate, Governor insists, Orlando Sentinel)  "There has not been any evidence that there has been any problems with the folks who are grading these tests," Bush said. "Not one problem."

Bush also said, "There is not evidence -- and there's extensive auditing procedures -- that not even one test has been graded improperly."

He dismissed as "political posturing" criticism and questions that have been raised about the test graders' educational backgrounds and job histories. Bush specifically targeted state Sen. Walter "Skip" Campbell, D-Tamarac, who is running for state attorney general.

"I would think that Senator Campbell or whoever is carping about this ought to be worried about how we improve the quality of teaching for students, and make sure we get more and more teachers in the field teaching our students. That ought to be the focus of his energies. Not political posturing."

Later Tuesday, Campbell responded that Bush is ignoring the possibility unqualified people are grading the exams.  Just believing everything is OK doesn't make it OK," Campbell said. "It seems that you become very defensive when you know that you're wrong. Rather than become defensive, I think the governor should go on the offense and make sure we have contracts that provide for monitoring and accountability."

State Says Record Numbers of Schools Earn AÕs; Feds Call Most Inadequate

A record number of Florida schools earned A and B grades this year, but an increasing number also failed to meet federal standards, according to data released Wednesday.  (Progress on FCAT has federal caveat, St. Petersburg Times)

The disconnect isn't new.  But for the first time since the state and federal grading systems began clashing four years ago, Gov. Jeb Bush said Florida's system is a better gauge than the one that anchors the education agenda of his brother, President Bush.

Asked at a Tallahassee news conference whether parents should pay more attention to the state's school grades than the federal report card, Bush said, "Absolutely.  With no disrespect to anyone in Washington, D.C.," he said, "I believe our system is the most comprehensive system of measuring how schools are doing based on student learning, by far."

Two hours later, Education Commissioner John Winn went a step further. He said he didn't foresee the state planning for the takeover of hundreds of schools next year, which is one of the options prescribed for schools that continue falling short of the federal "adequate yearly progress" standard.  "We have schools that are doing very well that are closing the achievement gap and achieving at high levels and still not making AYP," Winn said in a teleconference. "I'm going to be hard-pressed to put the federal sanctions ahead of our state accountability system."

The federal standards causing frustration in Tallahassee are at the heart of the No Child Left Behind Act, the sweeping 2002 law that initially enjoyed bipartisan support but has since come under fire from liberals and conservatives alike.

As recently as last year, Florida education officials were praising the law and winning concessions from the federal government on how to measure student achievement. But they have since been rebuffed on other requests, including one to shield A and B schools from federal sanctions. And Winn has testified before a national commission on the need to make the federal system more flexible.

Wednesday's federal report card was the big downer on an otherwise sunny day.  Some 2,074 Florida schools, or 75 percent statewide, earned A's or B's this year, up from 1,843 schools and 67 percent last year. Most dramatically, 87 percent of middle schools landed in the top tier, up from 63 percent a year ago.

School grades are based on math, reading and writing scores from the Florida Comprehensive Assessment Test, which is given to students in grades 3-10 every year. This year's scores showed, for the first time, substantial reading gains among middle schoolers.

The number of D and F schools also plummeted, from 308 to 153, though part of the decrease stems from new legislation that allows alternative schools, which cater to students with behavior and attendance problems, to be rated by a point system instead of letter grades.

In west-central Florida, Pinellas schools continued to outperform the state average, with 78 percent earning A's and B's. The number of Hillsborough and Pasco schools in that category jumped 10 percent, to 74 percent and 70 percent, respectively.

After the news conference, Bush said he believes the success of the FCAT and the school grading system will shield it from attack after he leaves office in January 2007. Polls show a majority of teachers and parents do not like the high stakes use of the FCAT, despite national yardsticks that show Florida elementary school students are making some of the biggest gains in the country in reading.

Meanwhile, both Democratic candidates for governor are promising big changes.  "Now people can see that you can, if you organize yourself right, make sure that all children learn," Bush said.

The federal report card offered a different picture.  This year, 72 percent of Florida schools (1,983) failed to make adequate yearly progress, up from 64 percent last year. More than 500 of them are high-poverty schools that failed to meet the federal standards for a fourth year in a row, which means they will be in line next year for a potentially dramatic shakeup.

Of this year's of A and B schools, 1,233 failed to make the federal cut, even though both the state and federal systems are based on FCAT scores.

The rub is, they slice the scores in different ways.  The state system takes into account overall student performance, but also considers relative improvement among the lowest-performing students. A school's overall scores may be modest, but if its struggling students are making gains, then the school can be propelled to an A or B.  The federal system looks at scores for a slew of subgroups, including minority, low-income and disabled students. A school's overall scores can be excellent, but if even one subgroup fails to meet benchmarks for proficiency, it is deemed in need of improvement.

A U.S. Department of Education spokesman declined to comment on Bush's and Winn's statements. 

But one No Child Left Behind supporter said the remarks were "disappointing."  The federal report card offers parents valuable information that can't be found in a school grade, and better pinpoints which student groups need more attention, said Dianne Piche, executive director of the Citizens' Commission on Civil Rights in Washington, D.C.

"If I look at my son's GPA and I find that he has a 3.0, that might look really good," Piche said. "But if I look at his actual report card and I see he's bringing home a C in math ... I can take some remedial action to get his math grade up."

The state and federal systems also differ on consequences.  Under the state system, schools that maintain an A grade, or rise a letter grade to at least a C, earn "school recognition money" - $100 per student - that is usually converted into modest teacher bonuses.  Schools that earn failing grades get extra help and oversight from the state.

Under the federal system, sanctions apply only to schools that receive Title I money, which is offered to those with high proportions of low-income students. The penalties get more dramatic every year a school fails to pass muster.  Last year, Title I schools that failed to meet federal standards for a third year had to offer hundreds of thousands of students free, private tutoring.

This year, schools that fall short for a fourth time must offer tutoring again. They also are dubbed in need of "corrective action," which could mean replacing staff, changing curriculum, extending the school year or school day or appointing an outside expert for guidance.

Perhaps more importantly, they begin sliding quickly to what could be a major overhaul.  Title I schools that fail to make enough progress for a fifth consecutive year, which could include more than 500 Florida schools next year, must prepare for one or more of the following options: takeover by the state, takeover by a private company, conversion to a charter school, firing of top staff, or some other major restructuring.

"Once you get in the fourth year, the clock is ticking," said Jack Jennings, president of the Center on Education Policy in Washington, D.C. "What it does undoubtedly is create more pressure on principals and teachers" to improve.

But other observers say No Child's tough language comes with a big loophole.

So far, most districts in the handful of states where the Year-Five options have come into play have used the last option - any other major restructuring - to impose much more modest changes on their schools.

In Florida, there is no indication districts will do otherwise, and Winn's comments Wednesday suggest the state will not force them to come down harder.

Without more federal pressure, states and districts "are going to take the path of least resistance," said Michael J. Petrilli, a former U.S. Department of Education official who now works at the Fordham Foundation.

In Pinellas County, district officials will be looking at changes, including the possibility of additional math and reading coaches, for more than two dozen schools that failed to meet federal standards again.

Three of those schools have consistently earned A grades.

"That is a disconnect," Pinellas superintendent Clayton Wilcox said. But the bottom line is that even an A school "has to go back and ask if it's reaching all the kids."

Democratic Candidates Promise Changes

The FCAT test, the centerpiece of Republican Gov. Jeb Bush's A+ education program, is the favorite whipping boy for the Democrats who want his job.  (Candidates for governor eye FCAT changes, Miami Herald)

U.S. Rep. Jim Davis promises that if he is elected, the FCAT will be used simply as a ''diagnostic tool.'' State Sen. Rod Smith also vows sweeping change in Bush's program, which bases school grades, student promotion and additional funding on test scores.

''I will not use this test to grade schools for money,'' Smith recently told Democratic activists in Miami, who hissed at the mere mention of the FCAT. ``I will not use this test to pay schoolteachers. I will not use this test to keep students from advancing.''

Not so fast.  Much of the FCAT system is enshrined in law and could not be overhauled without support from the Legislature -- which is certain, barring a major miracle, to remain in Republican control after the election this November. A Democratic governor could do little to the testing program single-handedly.

''This is is not a monarchy,'' said Cathy Schroeder, a spokeswoman for the state Department of Education. ``We have a system of checks and balances. The new governor will have to work with the state Legislature.''

The gap between stump speeches and political realities is commonplace in campaigns, in which complicated policy positions are often condensed into sound bites for 30-second commercials or one-page fundraising letters.  But even a voter paying scant attention to this year's contest to replace the term-limited Bush would know that the FCAT provides one of the starkest contrasts between the two parties.

Republicans Charlie Crist and Tom Gallagher say they would uphold Bush's education legacy -- arguing that the A+ plan has forced schools to buckle down on student achievement -- while Davis and Smith pledge to dismantle it.

The two Democrats say that drilling for the FCAT has corrupted the more important goal of giving children a well-rounded education. At the same time, the Democrats insist that they would still hold students and teachers responsible for learning progress.

''No one wants to retreat from accountability and transparency,'' Smith said at the Miami-Dade Democratic Executive Committee meeting. ``Our point of departure is that the FCAT has become the be-all and end-all of the public-school system.''  Smith advocated legislation earlier this year that would repeal the A+ plan next year, following a study by the Legislature's research arm, the Office of Program Policy Analysis and Government Accountability. The bill did not even clear its first committee hearing, signaling where Republican leaders stand on the issue.

One thing is certain: High-stakes testing is not disappearing anytime soon. Smith's bill did not specify what would replace the FCAT, but the federal No Child Left Behind Act -- spearheaded by the governor's brother, President Bush -- requires all states to administer a standardized test.

''The accountability wars are over, and accountability won,'' said Jim Warford, a former top state education official who serves as executive director of the Florida Association of School Administrators. ``What may change is the way we hold schools accountable.''  Warford said Bush's successor could ''work around the edges'' of the FCAT program by making like-minded appointments to the state Board of Education. The board formulates the program's rules and could, for example, make school grades less dependent on FCAT scores.

Replacing board members would take time, however, since a new governor will have the chance to replace only two of Bush's six appointees next year. The other members' terms extend into 2008 and 2009.

''As governor, he commands the bully pulpit,'' Warford said. ``However, he cannot do much by fiat or by edict. He would have to lead this conversation in the Legislature.''

That's exactly what Davis is prepared to do, his campaign said. The congressman from Tampa would propose using money awarded to schools and teachers under the current scheme to raise educators' salaries across the board. He also wants students and parents to be able to see the tests after they are graded.

''In leading the bipartisan fight to stop drilling near Florida's beaches, Jim Davis has demonstrated a knack for working with a Republican majority to accomplish important legislative goals,'' said campaign spokesman Josh Earnest. ``He'll use those same skills to overhaul the FCAT and strengthen Florida's schools.''

Smith's campaign made a similar argument about his powers of persuasion. Smith, who hails from the Gainesville area, is among only two Senate Democrats tapped by Republican leaders to serve as committee chairmen.  ''When it comes to working with the Legislature, he's proven his ability to build coalitions,'' said campaign spokesman David Kochman.

A controversial tenet of Bush's A+ plan -- offering private-school vouchers to students at low-scoring public schools -- was rejected by the Florida Supreme Court as unconstitutional.  Earlier this year, Smith helped block Bush's proposal for a constitutional amendment preserving vouchers.

FCAT Editorials

Since the Florida Comprehensive Assessment Test became the arbiter of public-school quality, its defenders have repeatedly emphasized the need for accountability. Yet, an investigation into the hiring practices of the company that administers the test underscored the state's own lack of accountability.... (Accountability?  FCAT flap doesnÕt inspire confidence, Tallahassee Democrat)

That blatantly violates DOE's specific requirements for test-scorers, and it can only undermine the public's faith in the integrity of the scoring process. Considering the immense pressure on Florida's public schools to perform well on the FCAT, this 11th-hour revelation is deeply troubling. It suggests that, with regard to the FCAT, Gov. Jeb Bush's administration considers accountability a one-way street.

Commissioner of Education John Winn said he was "not happy" about the company's hiring practices, and he pledged to apply a strict monitoring system. But Mr. Winn's assurances would be more meaningful if DOE had addressed these concerns from the beginning.

►  "I am not happy," state Education Commissioner John Winn said Monday. He had just found out that CTB/McGraw-Hill hired temps who weren't qualified to grade the make-or-break Florida Comprehensive Assessment Test.  (Hooray for FCAT politics, Palm Beach Post)

Parents who just received their children's FCAT scores, and educators who today will learn the 2005-06 FCAT-based school grades and No Child Left Behind results, should not be happy with how Mr. Winn found out or with what he and Gov. Bush intend to do about it....

Mr. Winn vows "decisive and immediate action" to make CTB/McGraw-Hill hire qualified people. At the same time, however, he insists that this year's scores - based in part on work by unqualified graders - nevertheless are valid. That's the part that parents of seniors who didn't graduate because of bad FCAT results should be unhappy about. Educators at low-rated schools won't be happy, either, and the same applies to schools that flunk under No Child Left Behind, which also uses FCAT scores.

Mr. Winn and Gov. Bush just can't admit that the FCAT scores are tainted. These self-righteous advocates of accountability also see no reason to fine the company. So they aren't all that unhappy.

►  Now that school FCAT scores are out, it's the state's turn to be accountable for ensuring that seasoned examiners - not unskilled janitors - are hired to score the test.  So far, Gov. Jeb Bush, Education Commissioner John Winn and CTB/McGraw-Hill are earning a failing grade on this measure.  (Failing the Test of FCAT Accountability, Tampa Tribune)

►  Gov. Jeb Bush finally has called out his brother, President Bush, on a federal law that makes Florida schools look worse than they are.  (Competing standards, St. Petersburg Times)  But the battle over conflicting education reforms is entirely of their own making. In their hands, the standardized test has become a blunt instrument intended to beat diverse schools into identical shapes, and the Bush brothers are pounding away from different angles....

Much like the No Child Left Behind Act, though, the A+ Plan suffers from an inflexible and simplistic approach. The state Education Department has been so slavish about its grading formula that it has forced the closure of some experimental schools formed to work with students who were failing badly in traditional schools. How does that serve students? The $134-million "recognition" program continues to hand out bonuses to schools that accept only academically advanced students, and the two highest rated schools this year were for International Baccalaureate and gifted students. Is it any wonder they scored well on the test?

Standardized tests are an important tool of accountability, but they alone can't determine whether a classroom teacher needs a bonus or should be fired. If Gov. Bush is finally fed up with federal mandates that misuse the test, he might want to call is brother. Then he should ask teachers for their own thoughts about state mandates.

Florida "Way Below Average" in Health Insurance Coverage

The Tampa Bay area is a brighter-than-average spot in a state that ranks way below average for health insurance coverage, according to a report by Florida International University.  (In Florida, Health Insurance Coverage Lacking, Tampa Tribune)

With 13.6 percent of residents uninsured, the Tampa-St. Petersburg-Clearwater metro area is much better off than the state as a whole, which has 18.5 percent uninsured, according to the FIU Center for Labor Research and Studies.

The Bay area's rate was almost 2 percentage points better than the U.S. average of 15.5 percent, meaning about 1 in 6 Americans is uninsured.

"If you look at the statistics, it appears employers in the Tampa Bay area have a high level of commitment to insuring employees and their families," said Frank Brocato, executive director of the Employers Health Alliance in Tampa.

Still, Florida ranks 46th among states and the District of Columbia for residents without health insurance, and some of its biggest industries lag far behind the average, said Bruce Nissen, the report's lead author and director of research for FIU's Center for Labor Research and Studies.

"The very industries that are adding the most jobs to Florida are the worst offenders in lack of health insurance: construction, services, retail and wholesale, hospitality. That's not good. It really didn't surprise me, but it's the most significant finding," Nissen said.

About 42 percent of the workers in Florida's construction industry, for instance, are uninsured, the FIU study found. A similar rate was found for the leisure and hospitality industry, which had about 35 percent of its work force uninsured. For the wholesale and retail trades, about 23 percent of the workers were uninsured.

Nissen called the findings - based on census data from 2003 to 2005 - "grim."  "The crisis will continue to get worse without a change in public policy," he said.

Only Jacksonville, with 12.8 percent uninsured, did better in FIU's analysis of Florida metro areas. The other four metro areas all had rates of uninsured that were higher than the national average:

*Coming in third and fourth in rates of uninsured, just below and just above 16.5 percent, were West Palm Beach-Boca Raton and Fort Lauderdale.

*Fifth out of the six metro areas was Orlando, with an estimated 18.2 percent uninsured.

*Last - far behind the others - was the Miami area, with 26.8 percent. FIU is in Miami.

The greater Miami area has a large population of people born outside the United States. The FIU report found that population at greater risk for being uninsured - about 34 percent - than Miami residents born in the United States - 19 percent.

As in previous studies, the FIU report found that workers in small companies were far more likely to be uninsured than those in larger companies.  Almost one-third of workers in companies with fewer than 10 employees were uninsured in the Bay area. That rate fell to 23 percent for companies with 10 to 99 workers and plummeted to 12 percent for companies with 100 to 999 workers.

►  We've known for some time that increasing numbers of people lack health insurance.  (When employers stop offering coverage, Miami Herald editorial)  Now a new Florida International University study details the role that businesses play in providing coverage in this state. The overall picture isn't pretty. Three million Floridians, representing 18 percent of the population, have no coverage. With one of the nation's worst rates of uninsured, Florida needs to find ways to reverse the trend.

Such a large population of people without insurance is bad news for public health and our economy. People without coverage are more likely to end up in emergency rooms for illnesses that could have been prevented far more cheaply. Untreated high-blood pressure, for instance, can lead to chronic heart disease and even heart attacks. Taxpayers often end up subsidizing the bill. Such illnesses also cost employers, who lose productivity and pay more in sick time.

Businesses long have been the backbone of healthcare coverage in the United States. This system, however, has never provided universal coverage. With the cost of medical care escalating dramatically, business-subsidized coverage is further eroding. One recent study, for example, found Florida employers dropping health insurance since 1999 -- a trend that caused more than 400,000 residents to lose coverage. Commissioned by the South Florida AFL-CIO, the study by FIU's Research Institute on Social and Economic Policy found that workers in some of the state's biggest and fastest growing industries -- construction, retail, and leisure and hospitality -- had the worst rates of insurance coverage. Altogether, these three industries employ nearly a million workers without insurance.

Not surprisingly, almost two out of every five workers in low-wage jobs or employed by very small businesses lacked insurance. Yet even among large companies more likely to offer insurance benefits, 400,000 workers lacked coverage.

What might encourage more and affordable health coverage -- through employers, associations, pools of individuals or otherwise? That's an urgent question the Legislature should explore. One sure bet is to expand Kidcare, the state's subsidized coverage for low-income children.

Beyond insurance, the problem involves the entire U.S. health system. Though we spend about twice as much per capita on care than other industrial countries, our health indicators from life expectancy to chronic illnesses are worse. While no magic potion will cure what ails American healthcare, this is a problem begging to be tackled by Congress, too. Lawmakers should find the courage to come up with some workable solutions.

Legislative Report Finds Child Welfare Results Mixed

Since the transition to community-based care, foster children are obtaining permanent placements more quickly, but high percentages of children experience reabuse and return to foster care. More foster children also experience frequent moves among foster care placements.  (Child Welfare Performance Mixed in First Year of Community-Based Care, Office of Program Policy and Governmental Analysis)

Community-based care has had a generally positive effect on state foster home capacity, with more foster homes and beds now available statewide and fewer foster homes over their licensed capacity. However, foster parents continue to express concerns about board rates and communication with providers.

Case managers have experienced some positive changes under community-based care, with lower caseloads and position vacancy rates. However, starting salaries are also lower and staff turnover is higher.

To help ensure that the transition to community-based care improves overall performance, the department should

        *target critical outcomes that have not shown improvement, and

         *provide additional guidance for lead agency quality assurance reviews of subcontractors...

Some program outcomes have improved since the transition to community-based care. Specifically, the length of time that children spend in foster care before achieving permanent placements has fallen in recent years. 10 The program also has more than doubled the number of foster children who are adopted. However, in recent years a high percentage of children have experienced repeated abuse and have returned to foster care, and more children move frequently among foster care placements. These negative outcomes should be tracked carefully as the community-based care system continues to mature...

The stability of foster care placements has declined since the transition to community-based care. The program aims to place children in foster care placements that best meet their needs as soon as possible to avoid moving children from place to place, as these moves can be highly disruptive. However, over the past five years, the percentage of children with three or more placements within the first 12 months following removal from their homes has more than doubled.

The number of available foster beds has increased since the transition to community-based care, and fewer homes are over their licensed capacity. However, foster parents continue to express dissatisfaction with program support and services.

►  The state's ability to find, in just four months, 290 of 393 children missing from Department of Children and Families supervision shows what can happen when such cases get priority. The current tally of 652 missing kids shows what can happen when they don't.  (Will it take a Rilya?  Palm Beach Post editorial)

The sense of urgency that in 2002 led to teams of DCF workers, police and Florida Department of Law Enforcement agents scouring the state was prompted by a tragedy too embarrassing for Gov. Bush's reelection campaign to ignore. DCF had failed to notice for more than a year the disappearance of then-5-year-old Rilya Wilson.

Now, DCF is better at reporting children missing, and the "Operation SAFEkids" project launched in 2002 significantly improved communication with law enforcement. But as a Miami Herald article this month pointed out, most information on children missing from state custody never gets reported to the National Center for Missing and Exploited Children. DCF officials point out that most of the runaways repeatedly run away and are most likely to remain in the same county and state. But others do not.

Neither politics nor another Rilya Wilson tragedy should have to be the motivator in finding children missing from care. Other dangers include drug and alcohol abuse, rape and pregnancy. Fewer children are being committed to state care. Yet in 2002, as now, the number of missing children keeps rising. The figures raise questions not only about the state's commitment to finding children missing from its care but about the state's ability to not lose them in the first place.

Universities Face Construction Financing, Other Issues

Universities are scrambling for ideas on how to pay for new construction as state dollars bottom out over the next few years and enrollment continues to climb.  (Universities study creative ways to finance construction, Palm Beach Post)

A predicted drop from $1.8 billion in construction money this year to $490 million in 2008-09 has officials considering options such as cutting tuition for students who would take classes in off-peak hours to maximize classroom space, and turning to private developers for help.

The University of Central Florida, which was forced to rent out a movie theater to accommodate an overflow of students, has made multimillion-dollar deals with private companies to build new dorms, a convocation center, and retail space.

The developers front the cash and reap the profits from ticket sales, rent and parking fees.  Florida Atlantic University is looking at a similar deal to pay for a football stadium.

"We're the only game in town, and our growth is so phenomenal we couldn't wait on PECO dollars from the state," said Dan Holsenbeck, vice president for university relations at UCF, which is in Orlando.

PECO, which stands for Public Education Capitol Outlay, are taxes collected on utilities and fuel. The money is used to pay for construction, renovation, maintenance, and repair at public schools, universities and community colleges.  The taxes collected fluctuate each year and hit a high of $1.8 billion this year following two seasons of record-breaking hurricanes. But state projections show the available construction dollars decreasing significantly as tax revenue drops off and more money is spent on reducing class sizes in kindergarten through grade 12 schools as required by the 2002 class-size amendment.

At the same time as the loss in construction money, enrollment in the state's universities and community colleges is expected to grow by 3 percent, topping 450,000 students by 2010.

"We have two options: Cut back on projects or find other ways to fund them," FAU President Frank Brogan said.

►  Gov. Jeb Bush says one of Florida's biggest challenges soon will be having enough college space for all the qualified students heading there, a problem he said would be "cool." Actually, that day has arrived.  (Raise the education tax, Palm Beach Post editorial)

As The Post reported last week, public education faces a drop of more than $1 billion in annual construction money by 2008-09. Two reports analyzed the effects, then offered such unhelpful ideas as reducing tuition for students who take courses in off-peak hours. (English Lit 101 at 1 a.m., anyone?) Even that option would require tuition hikes for other students and wouldn't help much on non-traditional campuses such as Florida Atlantic University, which already has lots of night and weekend classes.

In fact, there's an easy solution. Florida's Public Education Capital Outlay program exists to help pay for university and school construction. It is financed by taxes on certain utilities, but new forms of communication have superseded traditional telephone service. So the program pays for just 23 percent of construction needs, as opposed to 40 percent 10 years ago. The Legislature could raise the existing tax or, as has been suggested, expand it to water, sewer and cable and satellite TV services.

Instead, Gov. Bush blames the class-size amendment he hates. With a $4.4 billion budget surplus this year, the governor proposed $1.5 billion in tax cuts to benefit primarily the wealthy. Education Commissioner John Winn blamed demands of the amendment for his failed attempt to snatch the universities' and community colleges' shares of additional PECO money.

Actually, raising or expanding the PECO tax would be more than fair. Many students who need those classrooms will get Bright Futures tuition scholarships from lottery money. In return, their parents could help pay for classrooms. Cool.

►  The American Civil Liberties Union is challenging a new Florida law that bans the use of public university funds to pay for travel to Cuba and other nations labeled terrorist states by the U.S. government.  (ACLU challenges law limiting college-paid trips, Associated Press/St. Petersburg Times)

A federal lawsuit filed Tuesday on behalf of professors from several universities contends that the law violates their First Amendment rights and impinges on the federal government's powers to regulate foreign commerce.

Howard Simon, executive director of ACLU of Florida, said the measure signed into law May 30 by Gov. Jeb Bush amounts to "crude censorship" that will prevent greater understanding between nations and hamper scientific research into such things as climate change and disease.  "The primary effect of this legislation is to deny Americans information about other parts of the world," Simon said.

The law prohibits professors, students and researchers from using money administered by a public university or college - federal or state funds and even private foundation grants - to travel to any country listed as a terrorist state by the U.S. State Department. Besides Cuba, the list includes Iran, North Korea, Sudan and Syria.

►  Neither Gov. Jeb Bush nor other state legislators stood up to Rep. David Rivera, R-Miami, last month as he pushed through a narrow-minded bill that stymies international research at Florida's colleges and universities. Now it's up to the courts to set things straight and overturn the new law that serves no legitimate purpose.  (Allow research travel, St. Petersburg Times editorial)

Offshore Drilling Threat Returns

An offshore drilling proposal that Florida lawmakers rejected last year will be revived in committee next week, and many Floridians say they welcome a second chance to support the deal.  (Offshore drilling plan is coming back to life, St. Petersburg Times)

House Resources Committee Chairman Richard Pombo, R-Calif., hopes his committee will pass a bill next week that would allow coastal states, rather than the federal government, to decide whether to allow drilling within 100 or 125 miles of their coasts, lawmakers said Friday.

The full House would then vote on the bill the following week, when House Republican leaders have scheduled an "energy week'' to consider legislation on developing alternative fuels and increasing domestic energy production.

''We're losing support every time the price of gas goes up,'' said Rep. C.W. Bill Young, a Republican from Indian Shores. ''I think it's important to get a permanent solution.''

With gas prices near $3 per gallon and Federal Reserve chief Ben Bernanke warning about the wallop of high energy costs on the U.S. economy, House leaders are eager to show voters they are responding. Pressure to drill in the eastern Gulf of Mexico has increased by the week since energy prices spiked last fall.

''The sooner we can get this issue resolved, the sooner we will not have to continue to fight our colleagues from Pennsylvania and Texas and Louisiana,'' said Rep. Jeff Miller, a Panhandle Republican who has been involved in recent negotiations. "It sounds very close to what we had.''

Several Florida Republicans have said they regretted not taking the deal Pombo offered in November, especially after having so much trouble last month defeating a measure that would have lifted a longstanding congressional moratorium on drilling just a few miles offshore.

''It looks like one heck of a deal right now,'' said Rep. Tom Feeney, an Orlando-area Republican. ''We blew it, and maybe we can get another shot at it.''

Pombo has been meeting with Republicans from Florida and other coastal states, and he met Friday with Rep. Adam Putnam of Bartow, the state's highest-ranking member. Rep. Clay Shaw, R-Fort Lauderdale, chairman of the Florida delegation, hosted several colleagues to discuss the deal Friday morning.

Reps. Cliff Stearns, R-Ocala, and Mike Bilirakis, R-Tarpon Springs, who helped lead negotiations with Pombo last fall, have drafted a bill of their own, but they decided this week to hold it because ''we think there's going to be ... a compromise that most of the Florida Republicans can accept,'' Stearns said.

The details are still in flux and the Resources Committee could amend any bill that Pombo proposes. But essentially, the deal being discussed would affect most of the U.S. coast, including all of Florida's coastline, and is expected to include the same basic tenets as last year's deal.

Oil and gas exploration would be banned for 100 or 125 miles offshore, unless state legislatures choose to allow such exploration closer.

States that do would get a share of the payments that energy companies make to the federal government for drilling rights. This is seen as a key incentive for boosting offshore energy production.

►  The Sierra Club is asking an administrative judge to block a planned 45,000-population city on Babcock Ranch, contending the project is actually dressed-up urban sprawl.  (Judge asked to stop Babcock Ranch city, Tallahassee Democrat)

The environmental group, along with Charlotte County residents Clarke Keller and Gail Giles, on Friday challenged the state Department of Community Affairs' decision to OK the massive development plan for the ranch pitched by West Palm Beach developer Syd Kitson.

The legal challenge throws a wrench into what had been trumpeted by state leaders as a crowning environmental achievement.  Florida and Lee County have agreed to devote $351 million in public dollars to buy the 74,000 acres of Babcock that Kitson isn't developing, and Gov. Jeb Bush is scheduled to travel to the ranch Monday to sign the bill authorizing the sale.

But the state had hoped to close on its land July 25, and Kitson's lead attorney said late Friday it would not go forward until the legal challenge was resolved.  ''This is the largest conservation purchase the state has ever done,'' said Ernie Cox, Kitson's attorney. ''Kitson will not allow the sale of the land to the state until this challenge is resolved in our favor. There's no gamble.''  That could take anywhere from three to 10 months, attorneys on both sides said.

Environmental groups across Florida have hailed the Babcock conservation purchase, but some had been less enthusiastic about the development trade-off Kitson had cut.

Frank Jackalone, the Sierra Club's Florida director, said the 17,000-acre development could encourage similar giant farmland-to-subdivision deals and would create traffic gridlock along the relatively undeveloped area near North Fort Myers.  ''Ave Maria University is 20,000 people in a rural setting,'' he said, referring to the new university and town under development in Collier County. ''Now we're leap-frogging that to a new city of 50,000 people in Babcock. It's a frightening prospect for Southwest Florida.''

Bush on Friday defended Kitson's development plan as a good balance between the heated real estate market and the need to conserve lands.  ''We think it's better to protect the larger ecosystem to allow for a thoughtful development in a concentrated place where there's not the environmental damage,'' Bush said. ''If this development didn't take place, there's no way the state could have paid the $500-plus million that was necessary to buy the property.''

The challenge will hinge on what constitutes sprawl.  DCA determined May 26 that the project didn't meet the state definition of sprawl, because Kitson planned to build enough amenities on site to reduce the need for its residents to drive elsewhere to shop or work.

But Charlotte County's own planning department disagreed, arguing the sweeping new town was unneeded to meet population growth patterns and would drain money away from other county needs.  A separate regional planning council that reviews large-scale developments had called the project ''cleverly disguised urban sprawl'' last winter.

Jackalone said his organization would show the project was plainly sprawl that could negatively impact animals, people and the environment.  ''We're talking about a potential disaster with traffic congestion, destruction of habitat corridor, and with a lot of that impact focused back on Fort Myers.''

Florida law allows ''affected parties'' to challenge DCA land-use decisions by filing a complaint with the agency within 21 days of approval. Friday was the deadline.

Bush said ''it would be ironic beyond belief'' if the laws meant to safeguard Florida's environment ended up scuttling the deal, but the Sierra Club's lawyer said that wasn't their intent.  ''We're not trying to do this to stall the purchase of the other lands,'' said Martha Collins, a Tampa attorney hired for the case.

Kitson's plan is a complicated real estate transaction that involves using public tax dollars to leverage purchase of the entire ranch, then re-selling its most pristine parts to the public for conservation.

Lee County supporters of the deal said Friday that opposition could open the door for less environmentally friendly development on Babcock.

The state tried and failed last year to buy the entire ranch outright. Other developers have eyed the property over the years.

Florida News Notes

►  Jeb Bush's future has been the object of speculation nationwide, but the governor with just six months left in his eight-year tenure has let on more about what he won't do than what he will.  (Governor mum about intentions for $1.9 million in endowments, Palm Beach Post)  National Football League commissioner? Nah. Presidential candidate? Nope. U.S. senator? No way.  Whatever may be in store for Bush, one thing is certain: He won't be idling on the sidelines watching his legacy quietly fade away.  He has a handpicked "farm team" of House members to preserve his education reforms in the legislature. He has two GOP gubernatorial candidates wooing the electorate with pledges to do the same.  And he has $1.9 million from donors in a Foundation for Florida's Future bank account to spend on just about any issue he deems fit.  Bush had said he planned to use the money to stump for a ballot amendment that would have overturned a Supreme Court ruling striking down one of his voucher programs, which allowed students at failing schools to pay for private and religious school tuition.  But the Florida Legislature failed to put such an amendment on the ballot this fall, raising questions about what he will do with the money.  Bush has since been coy about what the foundation will fund.  "No plans yet," he said last week.  But donors, including a host of developers and construction industry-related magnates from around the state, say they don't care how he spends it.  They believe in him. They trust him. And they want to keep him relevant, whatever the cost.

►  According to credible scientific evidence, Florida's method of lethal injection may inflict severe, gratuitous pain.  (DonÕt wait for court to say itÕs cruel, St. Petersburg Times editorial)  If that is proven in court, the three-drug cocktail that the state uses to execute prisoners will be set aside.  But why wait for a court's decision? There is sufficient evidence of a problem to prompt the state to redesign its protocol for lethal injection. The manner in which the state executes humans has been prohibited for use on pets because the drugs used may inadvertently hide the excruciating suffering of the animal as it dies. That should be basis enough for the state to come up with a better method.  This question is not just academic. The U.S. Supreme Court this week gave Florida death row inmate Clarence Hill the green light to challenge the constitutionality of the state's lethal injection regimen. While we do not support the death penalty no matter how it is carried out, Hill did murder a police officer in Pensacola in 1982 during a bank robbery. He will be facing the executioner. The only outstanding issue in his case, which is now before a lower federal court, is whether Florida's method is unconstitutionally cruel. Florida should not wait for a court to rule that it is.

►  No other state is better prepared for catastrophes than Florida, the Department of Homeland Security said in a report released Friday.  (Florida forte:  disaster plans, St. Petersburg Times)  Florida is the only state that meets all of the department's requirements for preparing for disasters, whether they are hurricanes, wildfires or pandemics.  Eight hurricanes have hit Florida in the past two years, which forced the state to be ready for anything.  "We spent a lot of time and resources on preparation," Gov. Jeb Bush said in response to the report. "I'm not surprised we're maybe better prepared than others."  After Hurricane Katrina, President Bush ordered an analysis of city and state disaster plans. Teams of experienced emergency management officials visited every state and 75 cities examining communication and evacuation plans, resource management, medical care, sheltering and public alerts. They graded each area as "sufficient," "partly sufficient" or "not sufficient."  Ten states, most of them prone to hurricanes, were rated sufficient, with only Florida receiving positive scores in every category.