Testify Now.   4 comments


The purpose of this post is to ask you to testify this week to the newly created White House Commission on Evidence-Based Policymaking (CEP)– either online or in person— against CEP’s idea of studying to remove protective barriers on unit-level data for federal access and policymaking.

Here’s why.



Apparently chafing against constitutional and tech barriers against unrestrained access to student-level data, the federal government, this year, invited 15 people to help remove those barriers.

It’s a motley crew: a British behavioral scientist, an American data crime lawyer, a White House Medicaid bureaucrat, and piles of professors who formerly worked for the feds.

They named the group The Commission on Evidence-Based Policymaking (CEP) and passed a law (led by Dem. Senator Murray, Speaker Ryan and President Obama) that gives the semblance of authority to the commission and allows them to post on the White House website.

The law passed in March.

The CEP’s stated purpose is to increase “use of data in order to build evidence about government programs“.

How would this be done?  CEP doesn’t say on its website, but the trend in data mining is to push for unit record data sharing.

Individual students are, in computer jargon, “unit record data“.  CEP promises to focus on “existing barriers” that are standing in the government’s way of accessing data [unit record data included] or, in their words, “data already being collected” [by states, in SLDS systems]. That data is none of the federal government’s business. In my opinion, it’s none of the state’s business. My data belongs to me. My child’s data should not be harvested without my written consent. The state never asked before it began to longitudinally study my child. And now, the feds want full access to disaggregated data to “build evidence” of all kinds.

CEP’s website claims that “…while protecting privacy and confidentiality” the Commission will “study how data, research, and evaluation are currently used to build evidence, and how to strengthen the government’s evidence-building efforts.

In the context of the decade-long Congressional debate for and against unrestrained federal study of individuals,  how can CEP simultaneously persuade Congress that it will protect student privacy while pushing Congress to increase its evidence-building efforts?

I suppose if they gain unlimited access to data but deny access to at least one person, they can call this “protecting privacy”.

They used the phrase “protecting privacy” while they:

  1. Installed fifty interoperable, federally designed-and-funded “State Longitudinal Database Systems” (SLDS)  to track the nation’s schoolchildren. There was no vote, no request for parental consent– it was part of the “government evidence-building effort”.
  2. Stripped privacy protections that used to  be in federal FERPA law, which earlier had  mandated parental consent (or adult consent) –for the all important “government evidence-building effort”.

They made scary, transformative changes effortlessly, as unelected bureaucrats dangled money (our taxes) in front of other unelected bureaucrats.  No representation.

When CEP begins its planned study of “practices for monitoring and assessing outcomes of government programs,” and other “studies,” you can just insert your child or grandchild’s name wherever you see the term “government programs”.

It’s all about unit-record data: the kids.

And it’s not a new idea!

In 1998, Hillary Clinton and Marc Tucker conspired to create a system they envisioned as “seamless”; a “cradle-to-grave system that is the same for everyone” to “remold the entire American system” using “large scale data management systems”.  It was exposed, but not abandoned.

In 2013, Senators Warner, Rubio and Wyden called for a federal “unit record” database to track students from school through the workforce.  That was shot down; Congress didn’t want to end the protective ban on unit record collection. In 2008, reauthorization of the Higher Education Act expressly forbade creation of a federal unit record data system.

In 2013 InsideHigherEd.com reported:

A unit record database has long been the holy grail for many policy makers, who argue that collecting data at the federal level is the only way to get an accurate view of postsecondary education…

…[V]oices calling for a unit record system have only intensified; there is now a near-consensus that a unit record system would be a boon… An increasing number of groups, including some federal panels, have called for a federal unit record system since 2006: the Education Department’s advisory panel on accreditation, last year; the Committee on Measures of Student Success, in 2011; and nearly every advocacy group and think tank that wrote white papers earlier this year for a project funded by the Bill & Melinda Gates Foundation…

… through linkage with Social Security or other databases, it could track graduates’ wages… The Obama administration — unable to create a federal unit record database — has offered states money to construct longitudinal databases of their own…”

It is time to stand up.

We missed the public meeting and the public hearing last month, but we can still speak at next week’s public testimony at the Rayburn Office Building.

If you can be in D.C. next Thursday, and want to offer public comment to offset the Gates-funded organizations that will be speaking in favor of sharing unit-record data, please send an email to  Input@cep.gov.  Ask for time to speak on the 21st of October.  They ask for your name, professional affiliation, a two sentence statement, and a longer, written statement.

If you can’t make it to D.C. on Thursday, you can catch them in a few months at similar meetings in California and in the Midwest.

At the very least, you can send your opinion online to the CEP at:   https://www.regulations.gov/docket?D=USBC-2016-0003


My submission to the CEP is below.  Feel free to use it as a template.


Dear Commission on Evidence-Based Policymaking,

I love the American concept of voter-based, Constitution-based, elected representative-based, policymaking.  It’s why I live in America.

In contrast to voter-based policymaking there is evidence-based policymaking, which I don’t love because it implies that one entity’s “evidence” trumps individuals’ evidence, or trumps individuals’ consent to policy changes.

Former Secretary of Agriculture Ezra Taft Benson said something about education that also applies to educational data and policymaking:

“The best way to prevent a political faction or any small group of people from capturing control of the nation’s educational system is to keep it decentralized into small local units, each with its own board of education and superintendent. This may not be as efficient as one giant super educational system (although bigness is not necessarily efficient, either) but it is far more safe. There are other factors, too, in favor of local and independent school systems. First, they are more responsive to the needs and wishes of the parents and the community. The door to the school superintendent’s office is usually open to any parent who wishes to make his views known. But the average citizen would be hard pressed to obtain more than a form letter reply from the national Commissioner of Education in Washington, D.C.”

Local control, and consent of the governed, are two foundational principles in our great nation.

Because the CEP is not an elected body, it does not actually hold representative authority to collect, or to recommend collection, of student-level evidence, or of any evidence, without written consent; and, for the same reasons, neither does the Department of Education.

Because the fifty, federally-designed, evidence-collecting, State Longitudinal Database Systems never received any consent from the governed in any state to collect data on individuals (as the systems were put into place not by authority, but by grant money) it follows that the idea of having CEP study the possible removal of barriers to federal access of those databases, is an egregious overstep that even exceeds the overstep of the State Longitudinal Database Systems.

Because federal FERPA regulations altered the original protective intent of FERPA, and removed the mandate that governments must get parental (or adult student) consent for any use of student level data, it seems that the idea of having CEP study and possible influence removal of additional “barriers” to federal use of data, is another egregious overstep.

As a licensed teacher in the State of Utah; as co-founder of Utahns Against Common Core (UACC); as a mother of children who currently attend public, private and home schools; as acting president of the Utah Chapter of United States Parents Involved in Education (USPIE); as a patriot who believes in “consent of the governed” and in the principles of the U.S. Constitution; and, as a current tenth grade English teacher, I feel that my letter represents the will of many who stand opposed to the  “study” of the protective barriers on student-level data, which the CEP’s website has outlined it will do.

I urge this commission to use its power to strengthen local control of data, meaning parental and teacher stewardship over student data, instead of aiming to broaden the numbers of people with access to personally identifiable student information to include government agencies and/or educational sales/research corporations such as Pearson, Microsoft, or the American Institutes for Research.


To remove barriers to federal access of student-level data only makes sense to a socialist who agrees with the Marc Tucker/Hillary Clinton 1998 vision of a cradle-to-grave nanny state with “large scale data management systems” that dismiss privacy as a relic in subservience to modern government.  It does not make sense to those who cherish local control.

It is clear that there is a strong debate about local control and about consent of the governed, concerning data and concerning education in general. NCEE Chair Mark Tucker articulated one side of the debate when he said:  “the United States will have to largely abandon the beloved emblem of American education: local control. If the goal is to greatly increase the capacity and authority of the state education agencies, much of the new authority will have to come at the expense of local control.”

Does that statement match the philosophical stand of this commission?  I hope not.  Local control means individual control of one’s own life.  How would an individual control his or her own destiny if “large scale data management systems” in a cradle-to-grave system, like the one that Tucker and Clinton envisioned, override the right to personal privacy and local control?  It is not possible.

I urge this commission to use any influence that it has to promote safekeeping of unit-record data at the parental and teacher level, where that authority rightly belongs.


Christel Swasey





4 responses to “Testify Now.

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  1. The Dear Hillary Letter was written in 1992, not 1998 , though it was entered into the Congressional Record by Rep. Bob Schaffer in 1998.

  2. Reblogged this on commoncorediva and commented:
    No! No! No! A thousand times, no to fed led ed!

  3. Thank you for alerting us to this. I am copying my comments I made on the Regulations website and submitted. “As an avid anti federal legislation in education researcher and writer, I find that this is not only, once again, a violation of our U.S. Constitution, but, frankly, a violation of ethics, morals, a our privacy. This Panel is too closely tied to the newly created public-private Artificial Intelligence Council of which you will find some of the same backers involved in this as well.

    ESSA (Every Student Achieves Act) also rubber stamps MORE federally dictated/led education policy. Have we learned NOTHING in the past? It is not right, legal, or binding that the U.S. is making such global strides to not only data track and mine our citizens via education or our workforce! This moves are being made to rather satisfy an agreement made with the United Nations. We the people did not get to voice that we wish to remain American, not global citizens. Why do I bring this up? Education for all is among the Goals in the US/UN agreement. Again, no voice, no vote by the citizens.”

  4. This request came across from the Tennessee Against Common Core distribution for anyone who would like to sign!


    PLEASE join Dr. Peg Luksik and sign the on-line petition declaring our “Statement on Education Policy.” Dr. Luksik has made the aggressive goal of 1,000,000 signatures (or more). I say we can do more than 1 million signatures but we need your help in spreading the word. It is time to let our voices be heard and Dr. Luksik will take our voice to Washington. So lets get started and break the goal of 1,000,000 signatures.

    As always if you have questions about the petition feel free to contact me.

    PETITION LINK (http://tnacc.us4.list-manage.com/track/click?u=cd7c62a3844b03a156d2bc105&id=64f13ee370&e=40b79713f9)

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