Archive for the ‘constitutional issues’ Tag

Vanderbilt Law Review: Duncan’s Waivers Illegal   1 comment

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Peter Greene, teacher, blogger and Huffington Post writer, has written another funny and fascinating ed reform article.  In this one, he highlights the findings of University of South Carolina law professor Derek W. Black.  Black’s soon-to-be-published findings include the following:

Two of the most significant events in the history of public education occurred over the last year. First, after two centuries of local control and variation, states adopted a national curriculum. Second, states changed the way they would evaluate and retain teachers, significantly altering teachers’ most revered right, tenure. Not all states adopted these changes of their own free will. The changes were the result of the United States Secretary of Education exercising unprecedented agency power in the midst of an educational crisis: the impending failure of almost all of the nation’s schools under the No Child Left Behind Act (NCLB). The Secretary invoked the power to impose new conditions on states in exchange for waiving their obligations under NCLB…. As a practical matter, he federalized education in just a few short months.”

Peter Greene divides the law journal article into four simple, easy-to-digest segments, and explains them.  You will laugh as you learn.

For example, under “Part I:  No Changing the Rules” Greene writes:  “When the feds pass a law, they have to lay out all the rules that do and will apply to that law. You can’t pass a law, start folks working under it, and then years later announce, ‘Oh, yeah, and by the way, we’ve changed this law about making cheese sandwiches so that it also covers sloppy joes, and also, if you don’t go along with us on this, we get to take your car.”Also, you can’t suddenly say, ‘We’ve given my brother-in-law the power to judge your sloppy joes.’  Conditions for receiving federal fund must be “unambiguous” and non-coercive.”

Both the funny and easy-to-understand analysis of Duncan’s illegal waiver-waving, and the official law journal publication by Dr. Derek Black, as soon as it becomes available to the public, must be read and shared.

Let’s stop the Department of Education’s lawless disrespect for constitutional local control of education –and protect our children– by learning and then sharing these facts widely.

7 Links to Evidence of Federal Control of Common Core   9 comments

arne barackk

Folks, there can be no question that the federal government is using Common Core to take away our freedoms.

So why do many people still believe that “there’s no federal control of Common Core”? Because trusted education leaders are not being forthright with –or are not in possession of– the truth. Here in Utah, for example, the Utah State Office of Education, has a “fact-versus-fiction” pamphlet which still says that the standards “are not federally controlled.”

The fact is that states that adopted Common Core standards are being co-parented by two groups in partnership, neither of which takes seriously the constitutional rights of the states to govern education locally: these partners are 1) The federal government and 2) Private trade clubs financed by Bill Gates– NGA and CCSSO.

So first, here’s evidence of terrible federal controls: (click to fact check, please)

1. Federal micromanagement in Common Core testing grant conditions and now, Race to the Top grant lures that go directly to districts and ignore state authority over districts.
2.Federal ESEA 15% capped waiver conditions that deny states the right to add more than 15% to our standards;
3. Federal reviews of tests
4. Federal data collection
5. Federal
disfiguration of previously protective FERPA laws that removed parental rights over student data;
6. President Obama’s four assurances for education reform which governors promised to enact in exchange for ARRA stimulus funds;
7.Obama’s withholding of funds from schools that do not adopt Common Core as read in his Blueprint for Reform (aka The Reauthorization of the Elementary and Secondary Education Act) which says, “Beginning in 2015, formula funds will be available only to states that are implementing assessments based on college- and career-ready standards that are common to a significant number of states.”

barack arne

And here’s evidence of unelected, corporate controls of Common Core:

1) Common Core copyrights (and “living work” alteration rights) are held solely by two unelected, private clubs, the superintendents’ club (aka CCSSO) and a governors’ club (aka NGA).
2) These two clubs’ Common Core creation was influenced and funded not by voters/taxpayers, by the politically extreme Bill Gates, who has spent over $5 Billion on his personal, awful version of education reform– and that dollar amount is his own admission.
3) No amendment process exists for states to co-amend the “living work” standards. The “living work” statement means that OUR standards will be changed without representation from US as the states; it will be controlled by the private trade groups CCSSO/NGA.
4) Bill Gates and Pearson are partnered. (Biggest ed sales company partnered with 2nd richest man on earth, all in the effort to force Common Core on everyone.)
5) The speech of corporate sponsor Bill Gates when he explains that “We’ll only know [Common Core] this works when the curriculum and the tests are aligned to these standards.” This explains why he is giving away so much money so that companies can be united in the gold rush of creating Common Core curriculum.
6. Virtually every textbook sales company now loudly advertises being “common core aligned” which creates a national monopoly on textbook-thought. This, despite the fact that the standards are unpiloted, experimental (in the words of Dr. Christopher Tienken, Common Core is education malpractice.)
7. The U.S. Chamber of Commerce and many huge corporations (ExxonMobil) are loudly selling Common Core as a way of creating wealth, despite the standards’ untested nature.

The federal partnering with the private groups like CCSSO/NGA, means that mandates and thought-monopolies of Common Core are truly beyond even legislative control. –Because they are privately controlled, they’re beyond voters’ influence.

This is why nothing short of an outright rejection of all things Common Core can restore us to educational freedom.

Why should you care? Why should you fight this, even if you don’t have children in school? Because of the Constitution.

The Constitution sets us apart as the only country on earth that has ever truly had the “freedom experiment” work. This makes us a miraculous exception. Why would we ever shred the Constitution by accepting initiatives that disfigure our representative system?

The G.E.P.A. law states that “No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system…”

So the federal government is prohibited from creating tests or instructional materials– but the private groups NGA and CCSSO, funded by Gates, are not! This is why the federal Department of Education officially partnered with these unelected, private corporate interests –groups which are not accountable to G.E.P.A. laws, to teachers, principals, taxpayers, voters or children. (This may also explain why Arne Duncan goes to such great lengths to distinguish between standards and curriculum. Everybody knows that standards dictate curriculum like a frame dictates the height and width of a house. But GEPA law doesn’t use the word “standards.”)

We are in unrepresented dire straits: In no way do voters or teachers (or states themselves) control what is now set in the Common Core standards.

This is true in spite of the so often-repeated “the standards are state-led” marketing line. Don’t believe the marketing lines! So much money is money being spent on marketing Common Core because of Bill Gates. Gates sees this whole Common Core movement as a way to establish his (and Pearson’s) “uniform customer base.”

Watch Gates say these words in his speech if you haven’t already. This speech needs to be widely known, especially by school boards –so that we can boycott this monopoly on thought and on our precious taxpayer dollars.

Please don’t let people keep getting away with saying that the Common Core is free from federal controls, or that “we can add anything we want to it” and “there are no strings attached.” It simply isn’t true.

(How we wish that it was.)

arne barack

Video: Heber City Hosts Alyson Williams and Jakell Sullivan on the Damages of Education Reforms   1 comment

Alyson Williams, the remarkable Utah researcher-mom who wrote the very popular and much reblogged essay “Children For Sale,” came to Heber City to speak about education reforms and how they hurt America. Here is that video.

Jakell Sullivan, another remarkable Utah researcher-mom, also gave an excellent talk and powerpoint presentation about resource redistribution that is taking place under new education reforms. Here is that video.

Thank you, Alyson and Jakell!

Florida Mother of Six Fights “The Machine” of Jeb Bush and Bill Gates, FLA Legislature   5 comments

“All these groups want accountability from our children but I demand accountability from them – Debbie Higginbotham, Florida mother

jeb bush

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FLORIDA’S FIGHT FOR EDUCATION: FREEDOM FROM “THE MACHINE”

By Debbie Higginbotham

In every state across this great nation, parents, grandparents, and great Americans are speaking out loudly against Common Core and the Race to The Top Agreement (RTTT). And they should!

Each state has their grassroots groups and coalitions marching to their state capitols demanding answers on why their children have been sold to the Federal Government.

When I started this personal crusade to save my children’s educational freedoms about a year ago, I had no idea what I was going to encounter. I am just a mom who is enjoying raising six beautiful children with no political aspirations nor experience in debating these political cronies.

Every state has their mountains to climb when fighting CC and ridding their state of these horrible standards and mandates all enclosed with the RTTT. Here in Florida most of our battles are the same, but we are fighting a white elephant in the room as well. That white elephant is Jeb Bush and his foundations and other groups he has “founded” that are promoting “higher standards”.

Many refer to Jeb Bush and his cronies as “The Machine”.

When originally talking with school board members and legislators– and being told that Common Core was here to stay and there was nothing I could do about it, I knew something was not right with this whole thing.

Some legislators were giving me the smile and wink –and I thought I was making progress.

It was pleasing to know, at the time, that my elected officials were taking my complaints to heart because this was going to affect their children as well.

I quickly started doing more research and that old saying of “follow the money trail” came to light so true and it wasn’t just looking into Bill Gates anymore, but looking into Jeb Bush and his involvement with Gates and his continuing efforts to alter Florida’s education system for his own political gain and a bid for the White House.

Those winks and nods were just that, empty promises.

The more I was learning, it soon disgusted me. How can a man with no elected accountability from voters have such an influence on my children’s education?

Everywhere I turned I was hitting the same roadblocks and that was “The Machine”. It wasn’t only Jeb Bush but I came to find out through more digging that Jeb Bush has pretty much bought and paid for almost all of the Republican legislators in office right now, including Governor Rick Scott. Even Lobbyists have a loyalty to him.

Jim Horne is the prominent one.

Back in August, Rick Scott called for an education summit to make it look like he was making an effort of hearing all sides of the education issues. He never showed up at the summit he’d called for, but then decided to further his political career and make decisions about Florida’s children over a bottle of an alcoholic beverage and dinner
on a Thursday evening with “The Machine” and its allies, Chair of the State Board of Education Gary Chartrand, and Republican Rep John Thrasher.

Most recently, Governor Rick Scott issued an Executive Order to withdraw from PARCC and resign from being the lead state. http://www.fldoe.org/news/2013/2013_09_23-2.asp?style=print

He also stated he would hold three district hearings to give parents and experts opportunities to voice their concerns on specific standards within Common Core. Great move on the Governor’s part, but the response from all of us was that this is just smoke and mirrors. Scott was only trying to pacify us, the parents, while still keeping “The Machine” happy.

When will this man stand on his own two feet? Even more disturbing is in the last few days our Education Commissioner, Pam Stewart, has come out and said that even though the hearings will be held, it will not change any outcome continuing with the implementation of Common Core.

REALLY! That just goes to prove it is all smoke and mirrors.

Everywhere we turn this white elephant shows up uninvited! There are little worker bees “The Machine” spreads throughout the state to try and shut us down. They make it their life each day to seek out moms like me and try to prove that we are misinformed about Common Core and how Florida needs higher standards and accountability from our children and teachers.

ACCOUNTABILITY!? Who is holding “The Machine” accountable?

Who is holding the NGA and CCSSO accountable? Let’s not forget ACHIEVE!

All these groups want accountability from our children but I demand accountability from them and what they believe to be best for my children. They have nothing better to do than come after moms and dads like me and call us misinformed! Only my husband and I, the true authorities, know what is best for our children.

“The Machine” has even promoted radio ads to be played boasting the standards on how they will give our children higher learning. The group “Conservatives For Higher Standards” was also involved with making and promoting the ad. We know those two have close ties to each other. The ad also touts making getting into college a fair playing field, no rote memorization, helping kids learn more, and states can opt in or our of the standards along with the lie that there are no DC mandates.

We are working on a counter ad to make sure our voices are right with theirs, and we are not backing down.

We are going to call their lies out.

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debbie higginbotham

Debbie Higginbotham is a mighty but tiny, very adorable, very-pregnant-with-her-seventh-child, mother and fredom fighter, who currently homeschools all but her oldest child.

She can be reached via Florida Parents Against Common Core. (www.flparentsagainstcommoncore.com)

Thank you, Debbie.

Dear School Board: Please Stop Deceiving the People About Common Core   5 comments

Dixie,

In the latest publication by the USOE, we read that Common Core is the “new gold standard” for education. Also, this latest publication fails to address the #1 concern of opponents to Common Core: that the privately copyrighted, “living work” standards will change, but states have no representative voice in those national changes.

It would be more honest to call it the “new fool’s gold” of American education both in terms of their academic status and in terms of the lack of legitimate representation at the standards-writing level.

As has been often repeated, the standards haven’t been piloted and have not been empirically validated. This makes our adoption of them a case study in educational malpractice.

The standards lower college readiness standards, as they prepare students only for a 2 year Jr. college. The standards hurt little children in the youngest grades, using absurdly rigorous expectations; this has been explained by an increasing number of child psychologists nationwide.

Worst of all, Common Core is a changeable and changing standard. It calls itself “a living work.” This means that it can and will be altered.

Gold does not change its quality or makeup. These standards do.

And when the standards do change, we all know that there is no written amendment process for the states who hold the standards in common to have a guaranteed voice in those alterations and amendments which are to happen.

This is why we keep on begging the Utah State School Board to abandon these standards, which are not only insufficient as they stand, but will change on a national scale– and we have no voice in those changes.

Please encourage the board to stop using deceptive terms such as “gold standard” when discussing and publishing information about Common Core.

Christel Swasey

Manchester Union Leader Editorial Stands Up Against Common Core   2 comments

It’s good to see major U.S. Newspapers taking a stand against Common Core, especially after seeing U.S. Secretary of Education Arne Duncan specifically target news editors, asking them to spin Common Core the way that federal power grabbers and corporate monopoly-makers want it spun.

This week, the Union Leader said:

“More and more parents are skeptical because there is no satisfying answer to even the most basic questions about Common Core. For example: What is Common Core? It is a set of standards in English “language arts” and math. But what does that mean? The standards are not a list of items students are expected to know, but brief, vague descriptions of broad skills students are expected to have at each grade level. How teachers impart those skills is largely left to them – except that the standards come with suggested methods, some of which seem highly questionable. And even among education experts there is great disagreement over whether these standards are as rigorous or as predictive of success as supporters claim… Many people who hated No Child Left Behind now champion Common Core. But they are peas in a pod. Both amount to national experiments being conducted in real time on our children without any firm sense of what the results will be. This is exactly the wrong way to do education reform in the American republic. One of the primary benefits of a federated republic is that states can funcion, in the famous phrase, as “laboratories of democracy.” Common Core weakens that advantage when it comes to education…

See the full Manchester Union Leader editorial here:

http://www.unionleader.com/article/20130922/OPINION01/130929840/0/SEARCH

Meetings in Logan, Heber, and Manti This Week – and How to Study If You Can’t Attend   Leave a comment

The following Common Core informational meetings are scheduled in Utah.

– LOGAN: September 24th, 6 p.m. 29 South Main Street, Logan, Utah
Speakers: Autumn Cook and Christel Swasey

– HEBER: September 24th, 7 p.m. in the Senior Center at the Wasatch County Library
Speakers: Alyson Williams and Jakell Sullivan

– MANTI: September 26th, 7 p.m. 50 S. Main Street, Highway 89
Eva Beal Auditorium, City Building
Speakers: Alisa Ellis and Christel Swasey

The meetings are free and open. We especially hope teachers, principals, legislators and school board members will attend. There will be question and answer discussions following each presentation. If you cannot attend, please study Common Core facts for yourself and verify before trusting those who say that Common Core is a blessing to our economy or to our children. It is neither.

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A recommended Syllabus for Common Core Study might look like this:

The General Educational Provisions Act – this law prohibits the federal government from directing or supervising state education. “No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system…”

U.S. Constitution – powers are delegated to the states. “Amendment 10 – The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

The Race to the Top Grant Application- Utah got points from the federal government for having a child tracking SLDS database system. This tracks children without parental consent or knowledge. Also in this document, see that Utah got more points for having adopted Common Core. This was how we got into it. Despite not winning the grant money, we remained in these systems.

The No Child Left Behind Waiver– This shows the 15% cap the federal government put on top of the copyrighted, unamendable (by states) common standards.

The State Longitudinal Database System (SLDS) Grant– All states have one. This is a federally paid-for database that every state in the US now has. It tracks students within the state. Aggregated data ion students is sent from this system to the federal EdFacts Exchange. Parents can not opt their children out. (They can, however, opt out of Common Core tests.)

The lawsuit against the Department of Education– The Electronic Privacy Information Center has sued the DOE for destroying the previously data-privacy protective federal FERPA. The lawsuit explains which terms were redefined, which agencies now have legal access to the private data of students, and much more.

The copyright on Common Core held by CCSSO/NGA – The fact that there are “terms of use” and a copyright shows that we have no local control over the standards which are written behind closed doors in D.C. Notice that it states that no one outside CCSSO/NGA may claim to have helped write the standards.

The report entitled “For Each And Every Child” from the Equity and Excellence Commission – This report was commissioned by Obama. It reveals that redistribution of wealth is the real reason that Obama wants a national education system.

The Cooperative Agreement between the Dept. of Education and the testing consortia – Even though Utah escaped the SBAC and is not bound by the Cooperative Agreement directly, Utah’s current testing group, A.I.R., works closely with SBAC. This document shows how clearly the DOE has broken laws like the General Educational Provisions Act and the 10th Amendment. It mandates the synchronizing of tests and the sharing of data to triangulate the SBAC, PARCC and DOE.

The speeches of Secretary Arne Duncan on education – He states that Common Core was Obama’s idea and that the federal government is moving to play a larger role in education.

The speeches of President Obama on education – Obama’s top 4 education goals: control data, common standards, teachers, and to take over low-performing schools.

The speeches of the CEA of Pearson Ed, Sir Michael Barber – Barber wants every school on the globe to have the exact same academic standards and to underpin every standard with environmental propaganda. He also likes having global data on kids and stresses the term “sustainable reform” which is “irreversible reform”.

The speeches and actions of the main funder of Common Core, Bill Gates – He’s funded Common Core almost completely on his own; he’s partnered with Pearson; he says “we won’t know it works until all the tests and curriculum aligns with the standards” so he’s writing curriculum for his “uniform customer base” –all children.

The speeches of David Coleman, a noneducator, the architect of the Common Core ELA standards and now promoted to College Board President -He mocks narrative writing, he’s diminished the percentage of classic literature that’s allowable in the standards, he’s not been elected, he’s never taught school, yet he’s almost singlehandedly destroyed the quality and liberty of an English teacher’s classroom. And as he’s now the College Board President, he’s aligning the SAT to his version of what Common standards should be. This will hurt colleges.

The Dept. of Ed report: Promoting Grit, Tenacity and Perserverance– behavioral indicators of students are wanted by the federal government. This may include physically monitoring children using cameras, posture chairs, and bracelets. (see graphic embedded in the report.)

The federal websites such as the EdFacts Exchange, the Common Education Data Standards, the National Data Collection Model, and the Data Quality Campaign, sites because three of these four ask us to give personally identifiable information on students, from our state database. -The first link shows what we already give to the federal government; the others show what the federal government is requesting that we share, which does include intimate, personally identifiable information.

The Common Core creators’ data management branch, EIMAC of CCSSO, with its stated mission to disaggregate student data.

The Official Common Core Standards – English and Math standards – These are the actual standards. Here you will see that it’s a “living work” meaning that what you think Common Core is, it may not remain in the future. There is no amendment process for states to have a voice in the commonly held standards. There is a recommended reading list in Appendix B that includes “The Bluest Eye,” a pornographic novel.

The testimonies of the official Common Core validation committee members who refused to sign off on the legitimacy of the standards; other professors who have testified that Common Core hurts legitimate college readiness.

Follow the money trails – See what Bill Gates has paid for, and see how Common Core is a money-making monopoly that circumvents voters via public-private partnerships.

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