Archive for the ‘Democrats and Republicans agree’ Category

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 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  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:


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





Join Us: U.S.P.I.E. to #ReinInTheKing Tonight – Sign Petition to Congress   Leave a comment



It is one of the ironies of life that Secretary King’s name matches his actions as throne-sitter at the unconstitutional U.S. Department of Educsation.  As Secretary of Education, he has followed in the outrageous, extreme, fully socialist footsteps of his predecessor, Secretary Arne Duncan.

Tonight, U.S.P.I.E. (U.S. Parents Involved in Education) is pushing back, hosting a nationwide #StopFedEd twitter rally to raise awareness.

Join us.

Tweet about the outrageous encroachments of the Department of Education.  Tweet about our current Secretary, John King, also known as “The King of Common Core.”  You can learn more about Secretary King by reading posts  and articles that many have written, for years, about his education shenanigans.  (#ReinInTheKing)


Please join the rally at PJNET; click here.

Make some noise across the twittersphere.

Let the U.S. Department of Education know that millions of voters, teachers, parents and legislators aim to stop its monstrous agenda that wants to eliminate local control of schooling.  Let them know we are not blind to the unwanted  data gathering agenda, the teacher-stifling agenda, the collectivist agenda, nor the encroachments that abound in the new federal ESSA.  Let them know that we will not put our heads in the sand while Secretary King and his unconstitutional department has its heavy-fisted, unkind, unconstitutional way with our tax dollars and our children.

This is America; we, the people, standing on the U.S. Constitution, claim our rights and reject this King!  Tweet it, Facebook it, LinkedIn it, Pin it; share your voice.  We demand educational local control and liberty and true, high quality education.

Use the hashtags #ReinInTheKing and #StopFedEd, please.  If you want to find out more about USPIE, click here.   To join the twitter rally click here, or just tweet #ReinInTheKing and #StopFedEd, with whatever message you wish to send @ federal and state leadership

(Here’s one link to the twitter handles of the U.S. Congress, to get you started.)


For additional context:

Below is a letter to be delivered this week to the U.S. Congress.  It is written by U.S.P.I.E. and has been signed by pages and pages of names of leaders of U.S. organizations and individual teachers and parents and voters.  That official list of signers will be available soon, as the deadline is tonight.  If you want to be a signer, email Ms. Few at:

Here is the letter:

United States Parents Involved in Education (USPIE), a nationwide, nonpartisan coalition of state leaders with thirty state chapters focused on restoring local control of education, do hereby submit opposition to the proposed regulations of Every Student Succeeds Act (ESSA) accountability and state plan rule-making. USPIE is joined in our dissent by many other local and national organizations with shared goals as cosigners to this letter.

As part of our opposition, we point to Chairman of the U.S. Senate Committee on Health, Education, Labor, and Pensions Lamar Alexander’s comments concerning ESSA, “…it prohibits Washington from deciding which schools and teachers are succeeding or failing.” As well, Senator Alexander states, “…the new law explicitly prohibits Washington from mandating or even incentivizing Common Core or any other specific academics standards.” These two quotes point directly to our opposition. As Senator Alexander explains, ESSA “prohibits Washington” from being entrenched in education. As detailed below, we find this to be untrue.


In a thorough review and analysis of the proposed regulations against the Act, written into law in January of 2016, we found five main areas where the requirements of the regulations supersede States’ rights as defined in the 10th Amendment of the U.S. Constitution. The five areas include: The Power of the Secretary of Education, accountability through data reporting, accountability through assessments, state plan requirements, and identification for targeted support and improvement. Below are bulleted concerns where we believe federal overreach impedes states’ rights. These beliefs correspond with specific sections of the proposed regulations.




  • Proposed 299.13 allows the Secretary to control how States are to submit their education plans and the deadline by which they are to submit.
  • Proposed 299.13 states the Secretary is authorized to establish consolidated State Plan Programs, information about these programs, the materials needed for these programs, and to set all assurances for the programs for adherence.
  • The proposed regulations allow the Secretary to amend requirements for implementing Title I programs including requirements for States when submitting their State Education Plans.
  • Proposed 299.13 say if States make any changes to State Education Plans, the Secretary must approve.
  • 46 of ESSA: The Secretary can withhold funds if States fail to meet any of the State Plan requirements.


**Recommendation: The Secretary should not be allowed to amend requirements. Title I should be implemented as the law states, not how the Secretary thinks it should be carried out. States should not be bribed into complying with regulations issued from any government agency.



  • Proposed 200.20 gives States “flexibility” to average data across years or combine data across grades because averaging data across school years or across grades in a school can increase the data available as a part of determining accountability.
  • Proposed 200.20 will also require States who combine data across grades or years to also report data individually for each grade/year, use the same uniform procedure, and explain the procedure in the State plan and specify its use in the State report card.
  • ESSA is supposed to give flexibility and more control to States by decreasing the burden of reporting requirements. Proposed regulations 299.13 and 299.19 will expand data reporting for “States and LEAs in order to provide parents, practitioners, policy makers, and public officials at the Federal, State, and local levels with actionable data,” which will entail additional costs for States. These reports must include accountability indicators to show how the State is aligned with a College and Career Readiness Standard (Common Core).
  • Proposed regulations 200.30 and 200.31 will implement requirements in the ESSA that expand reporting requirements for States and LEAs “in order to provide parents, practitioners, policy makers, and public officials at the Federal, State, and local levels with actionable data,” and information on key aspects of our education.
  • Proposed 200.17 clarifies data disaggregation requirements. It states that the n-size used to measure test scores and graduation rates of any subgroup for state accountability purposes should not exceed 30 students.
  • Proposed 200.21 through 200.24 require LEA’s to include evidence-based interventions in order to receive improvement funds. Such interventions include the safe and healthy school environments and the community and family engagement plans.  These plans include the heavy use of surveys—student surveys and home surveys.


**Recommendation: We recommend removing these regulations, letting States decide subgroup size as ESSA states

**Recommendation: We recommend not expanding data collection. Along these lines, we recommend the federal government not collect data on children at all.


(These regulations heavily incentivize keeping Common Core as State standards)


  • Proposed 200.12 will require a State’s accountability system to be based on the challenging State academic standards (Common Core) and academic assessments.
  • Proposed 200.13 will require States to establish ambitious long-term goals and measurements of interim progress for academic achievement that are based on challenging State academic standards (Common Core) and the State’s academic assessments.
  • Proposed 200.14 states assessments provide information about whether all students are on track to graduate “college-and-career-ready” (Common Core).
  • Proposed 200.15 will require States who miss the 95% participation requirement to: a) be assigned a lower rating (200.18); b) be assigned the lowest performance level under State Academic Achievement (200.14); c) be identified for target support and improvement (200.19); and d) have another equally rigorous State-determined action, as described in its State plan, which the Secretary has to approve.
  • States who miss the 95% would be required to develop and implement improvement plans that address the law participation rate and include interventions.
  • Proposed 200.15 will require States to explain in its report card how it will factor the 95% participation rate requirement into its accountability system. (This is not flexibility; this is the government telling States what to do.)
  • Proposed regulations will ensure that States who fail to meet the 95% rate have rigorous actions taken (lower rating, identified for targeted support/improvement), providing incentive for schools to ensure all students take the annual State assessments.
  • Proposed 200.18 requires each school to receive a single “summative” grade or rating, derived from combining at least 3 of the 4 indicators used to measure its performance. Further, the regulation “forbids” states from boosting school’s rating if it has made substantial improvement in the 4th non-academic category.
  • Proposed 200.15 requires states to intervene and/or fail schools who do not meet the 95% participation rate on the state test.


**Recommendation: We recommend letting states determine their own rating system and choose other indicators of school performance.

**Recommendation: We recommend taking emphasis off Common Core aligned assessments and giving teachers the freedom to teach.

**Recommendation: We recommend removing these regulations as it violates the provision of the ESSA to recognize state and local law that allow parents to opt-out their child from participating in the state academic assessments.



  • Proposed 299.13 will establish procedures and timelines for State plan submission and revision and the Secretary is authorized to approve revisions.
  • Proposed 299.14 to 299.19 will establish requirements for the content of consolidated State plans.
  • Proposed 299.16 will require States to demonstrate that their academic standards and assessments meet federal requirements.
  • Proposed 299.19 will require states to describe how they are using federal funds to provide all students equitable access to high-quality education and would include program-specific requirements necessary to ensure access.
  • Proposed 299.13 outlines requirements for an SEA to submit in order to receive a grant. The state must submit to the Secretary assurances in their plan including “modifying or eliminating State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements”.


**Recommendation: We recommend removing these regulations and allowing States to establish State plan procedures and timelines.



  • Proposed 200.15 will require subgroups (homeless, military, foster, etc.) to adhere to the 95% participation rate along with their peers.
  • Proposed 200.19 will provide parameters for how States must define “consistently underperforming.”
  • Proposed 200.24 grants States additional funds for low performing LEAs but instructs how States must use these funds.
  • Proposed 299.17 will include State plan requirements related to statewide school support and improvement activities.
  • Proposed 200.24 says if schools do not show improvement by a set time, SEAs may take additional improvement actions including: a) replacing school leadership; b) converting to a charter school; c) changing school governance; d) implementing new instructional model; or c) closing the school. This is called, “whole school reform.”
  • Proposed 200.19 and 200.23 also talk about the use of whole school reform.


**Recommendation: We recommend giving States the power to define schools which “consistently underperform” and allowing States to decide appropriate improvement activities.

We, the undersigned, agree to these points and respectively ask Congress to reconsider the regulations as written. Our suggestion is the regulations are retracted and either rewritten so they closer align with the law or they are completely discarded and States are left to interpret the law as they see fit.


Lastly, USPIE leadership is more than willing to meet and discuss these points, our recommendations, and solutions with any Congressional member at a time and place convenient to them. Like you, we would like to see education brought to a level where all children, teachers, schools, and communities succeed.


With utmost respect and regards,


Sheri Few, President

United States Parents Involved in Education


Tracie Happel, President

South Carolina Parents Involved in Education


Lynne Taylor, President

North Carolina Parents Involved in Education


Ida Frueh, President

North Dakota Parents Involved in Education




Dr. Stotsky Exposes MA Supreme Court’s Stopping of Voters From Opportunity to Repeal Common Core   1 comment

Guest post by Dr. Sandra Stotsky, published with permission from the author;

article was originally published July 8, 2016 at New Boston Post.

Dr. Sandra Stotsky

       Dr. Sandra Stotsky


Last week, the Supreme Judicial Court of Massachusetts stopped voters from weighing in on a citizen-backed initiative to repeal Common Core.

In her opinion, Chief Justice Margot Botsford blocked on a technicality the petition to let voters decide whether to keep Common Core or revert to the state’s own educational standards. Her reasoning? The measure, she wrote, was unconstitutional because the portion of the ballot question that required the state to release used test items is unrelated to the transparency of state tests.

Got that? Justice Botsford thinks that release of used test items is unrelated to the transparency of state tests and standards as a matter of coherent public policy.

It was an oddly-reasoned decision since any classroom teacher in Massachusetts could have told her that the annual release of all used MCAS test items in the Bay State, from 1998 to 2007, was clearly related to the transparency of the state tests and very useful to classroom teachers. Among other things, the information allowed teachers to find out exactly what students in their classes did or did not do well and to improve their teaching skills for the next year’s cohort of students.

Botsford could have asked test experts as well. Any test expert would also have told her that the transparency of an assessment begins with an examination of the test items on it, followed up first by the names and positions of the experts who vetted the items on all tests at each grade level, and then by information on how the pass/fail scores for each performance level were determined, and the names and positions of those who determined them.

Botsford could also have found out from the testimony of those involved with the state’s tests from 1998 to 2007 that the cost of replacing released test items is negligible. It is not clear if her unsupported belief that there is a high cost for replacing released test items was what led her to conclude that the petition addressed matters that were unrelated to each other. As Botsford indicated in her ruling, “the goal of the petition…

… comes with a significant price tag: as the Attorney General agreed in oral argument before this court, implementing section 4 will require the development and creation of a completely new comprehensive diagnostic test every year, which means a substantial increase in annual expense for the board — an expense to be borne by taxpayers and to be weighed by voters in determining whether increased transparency is worth the cost.

In 2015, Attorney General Maura Healey certified the petition for placement on the November 2016 election ballot. But the Massachusetts Business Alliance for Education (MBAE) was not content to let the democratic process play out, so they brought a lawsuit — seemingly paid for by grants to the MBAE from the Bill and Melinda Gates Foundation — to stop the matter from ever reaching the voters.

Both Botsford’s decision that the petition was unconstitutional and the unanimous agreement by the other justices as part of a “full court” session are puzzling, given the thorough review the petition had received from the Attorney General’s office. Here is how one of the pro bono lawyers who wrote the petition for the organization collecting signatures to place it on the November 2016 ballot described the vetting process to me (in a personal e-mail):

The process for an initiative petition has a series of check points. The initial draft is reviewed by the staff in the Government Bureau in the Attorney General’s Office (AGO). They look at the proposal to identify whether the proposal meets the threshold of the Constitutional requirements. The Government Bureau is made up of the best attorneys in state government. This review raised no flags.

After the collection of the signatures and submission to the AGO, the language is published and offered for public comment. It was at this point (in 2015) that the MBAE weighed in and opposed the petition (in a Memorandum of Opposition), using arguments that were dismissed by the AGO but that were later used in 2016 with the Supreme Judicial Court (as part of the MBAE’s lawsuit). In 2015, the review includes the staff attorney who oversees the petitions, the chief of the Government Bureau, the chief of the Executive Office (the policy-making administrative part of the AGO) and the Attorney General herself. This is a strictly legal discussion on the merits. … In my opinion, she decided it on the legal issues alone. And she and her staff decided that the petition passed the Constitutional requirements.

Now there can be legitimate differences on legal issues. But we structured the petition with the advice of a former U.S. attorney and his staff at his law firm. We passed several reviews at the Attorney General’s Office, including a contested review. The AGO’s brief on behalf of the petition was strong.

We had a petition that was complete, parrying threats that would have undermined the repeal of Common Core. The Attorney General understood that and supported our desire to bring it before the public.

To date, the parent organization that collected about 100,000 signatures for the petition has received no explanation from the lawyers who wrote the petition for them about why there was a unanimous decision by the Supreme Judicial Court that the petition was unconstitutional (on the grounds that there was a lack of connection among its sections, even though all the sections were in the original statute passed by the state legislature in 1993—a statute that was never criticized as incoherent). Nor has there been any word from the Attorney General’s office.

By preventing the voters from having their say, the Massachusetts court did a disservice not only to our public schools – which were better off under Massachusetts’ own rigorous academic standards — but even more to the institution of democracy itself.


Sandra Stotsky, former Senior Associate Commissioner of the Massachusetts Department of Education, is Professor of Education emerita at the University of Arkansas. Read her past columns here.

Can Parents Combat the Media’s Tolerance of Institutional Manipulation?   Leave a comment

Guest post by Dr. Sandra Stotsky

This week, the New Boston Post published this article by Dr. Sandra Stotsky, which is republished here with the author’s permission.

Dr. Sandra Stotsky

Dr. Sandra Stotsky

The efforts by the Gates Foundation to manipulate our major institutions lie at a very deep level in order to remain difficult to detect. Its efforts have been made much easier because our media don’t seem to care if the manipulation is done by a “generous philanthropist,” someone with an extraordinary amount of money and ostensibly the best of intentions for other people’s children. At least, this is how they seem to rationalize their tolerance of political manipulation by moneyed and self-described do-gooders—and their unwillingness to dig into the details.

As one example, we can surmise that Gates gave the Massachusetts Business Alliance for Education (MBAE) the funds it would need to pay a very pricey Boston law firm (Foley Hoag) for its 2015 Memorandum of Opposition to the citizen petition asking for a ballot question on Common Core and for the MBAE’s 2016 lawsuit against the Attorney General. We can assume the connection because Gates gave the MBAE large funds in recent years under the guise of “operating” costs. Until Judge Margot Botsford sings, we will not know her reason for using the flawed argument that had been worked out by Foley Hoag for the MBAE 2015 Memorandum of Opposition and that had already been rejected by the Attorney General’s Office (AGO) when it declared the citizen petition constitutional in September 2015. The flawed argument, to remind readers, was that the release of used test items is NOT related to the transparency of a test—an illogical statement that most Bay State teachers would recognize as reflecting more the thinking of the Red Queen or Duchess in Wonderland than that of a rational judge. Moreover, the flawed argument was supported unanimously by Judge Botsford’s colleagues on the Supreme Judicial Court (SJC). Not a murmur of dissent is on record.

Why Foley Hoag repeated the flawed argument it first offered in the 2015 MBAE Memo of Opposition in the 2016 MBAE lawsuit is something only the well-paid lawyers at Foley Hoag can explain. Why Judge Botsford and her colleagues on the SJC so readily used an already rejected and poorly reasoned argument for a “full court” opinion in July 2016 is what only she (and they) can explain. The end result of this fiasco is a corrupted judiciary and legal process. But how many reporters have spent time looking into this matter?

The Boston Globe published a long article the very day Judge Botsford’s decision was released (an amazing feat in itself) that revealed no inquiry by the reporter, Eric Moskowitz, into some of the interesting details of the ultimately successful effort by the MBAE and Gates to prevent voters from having an opportunity to vote on Common Core’s standards. Recall that these were the standards that had been hastily adopted by the state board of education in July 2010 to prevent deliberation on them by parents, state legislators, teachers, local school committee members, and higher education teaching faculty in the Bay State in mathematics and English.

As another example, we know from 1099 filings that the Gates Foundation gave over $7 million in 2014 to Teach Plus, a Boston-area teacher training organization, to testify for tests based on Common Core standards at Governor Baker-requested public hearings in 2015. These hearings were led by the chair of the state board of education and attended by the governor’s secretary of education. Teach Plus members earned their Gates money testifying at these hearings. (See the spreadsheet for the amounts) For links to all the testimony at these hearings, see Appendix B here. Has any reporter remarked on what many see as an unethical practice?

As yet another example, it is widely rumored that the Gates Foundation also paid for the writing of the 1000-page rewrite of No Child Left Behind known as Every Student Succeeds Act (ESSA). It is public knowledge that Senators Lamar Alexander (TN-R) and Patty Murray ((WA-D) co-sponsored the bill, but the two senators have been remarkably quiet about ESSA’s authorship. No reporter has commented on the matter, or reported asking the senators who wrote the bill and who paid for the bill.

In addition, the accountability regulations for ESSA now available for public comment were not written by the USED-selected committees (who failed to come to consensus on any major issue), but by bureaucrats in the USED. Who gave the USED permission to write the accountability regulations it wanted, and who wrote them? No reporter has expressed any interest in finding out who these faceless bureaucrats are. Why?


Sandra Stotsky, former Senior Associate Commissioner of the Massachusetts Department of Education, is Professor of Education emerita at the University of Arkansas. 

Video: Dr. Gary Thompson For Utah State School Board: The Dirty Dozen   Leave a comment

In case you missed the rally speeches and missed the Fox News report, here begins a series of posts featuring the speakers at this week’s rally at the state capitol, where Utah voters had the opportunity to hear from candidates for Utah State School Board.

The rally was entitled “Elevating Education:  Common No More”.

Radio host Rod Arquette introduced each school board candidate speaker and the gubernatorial candidate Johnathan Johnson. Each speaker declared that Utah can elevate education beyond the Common Core.

The first video shows Dr. Gary Thompson‘s speech; below is the text version of that speech.   (Other candidates’ speeches will be posted soon.)

Text of Dr. Thompson’s speech:

Communities are judged by how well they treat the most vulnerable children amongst them.

If given the honor of representing parents and teachers as a State Board Member, I will only ask four questions regarding any policies placed in front of me regarding our children and students:

1.  Does the policy conform to industry standard ethical practices?

2.   Does the policy allow ground level parental control and teacher choice?

3.   Are stealth psychological evaluations and data collection being performed on children without your knowledge and informed consent?

4.  Is the policy based on “Voodoo-Pseudo Science”, or independent, peer reviewed research?

Our School Board’s failure to view education policy via these four principles has resulted in 12 dangerous realities in place in Utah public schools:

I call them the “Dirty Dozen”:

1.    Lawmakers recently deemed the SAGE test invalid for teacher evaluations, yet did nothing to protect our most vulnerable children from the same flawed test.

2.   Many Utah Standards are developmentally inappropriate for our younger children.

3.  Not one independent developmental psychologist was active in writing Utah K-3 Educational Standards.

4.  The test used to measure knowledge of Utah Standards, the SAGE test, has never been independently validated to measure academic performance.

5.  Without parental knowledge and informed written consent, Utah schools are collecting our children’s most intimate cognitive, behavioral, emotional, and sociological information.

6.  Utah’s test vendor, AIR, is currently using Utah public school children as “experimental lab rats”, as part of the largest, non consensual, unethical, experimentation ever performed on Utah soil.

7. Performing unethical, experimentation on Utah’s children place many of them at risk for serious emotional, behavioral and cognitive damage.

8.  Common Core special education practices are harmful, not based on sound science, and put our divergent learning students at risk for suicide.  Utah has one of the highest youth suicide rates in the Country.

9.  The Utah State Board of Education does not have effective policies in place requiring technology vendors to follow ethical and privacy guidelines, designed to protect parents and children from exploitation and harm.

10.  Student data security and privacy is a myth.

11.  Utah’s Preschool and Kindergarten programs are not supported by independent, peer-reviewed research.

12.   Utah’s adoption of the Common Core Federal mandate to have ALL Kindergartners reading, as opposed to emphasizing play, is abusive, and flies in the face of 75 years of child developmental research.

Since the advent of Common Core, the Board of Education, and the Utah State Office of Education, have dismissed “The Dirty Dozen” as “dangerous misinformation”, and have accuse parents like me of spreading fear into the community.

Today I draw a line in the sand, and for the sake of my children and Community, I ask State School Board Chairman Dave Crandall to do the same.

The contrasts between us could not be more evident.

One of us will protect your children….
One of us is dangerously wrong.

In Exchange, I challenge Chairman Crandall to publicly acknowledge the existence of “The Dirty Dozen”, as THE most pressing, dangerous assault on parental rights, teacher autonomy, and child safety present in Utah Public Schools.

If Chairman Crandall ignores this,  and ignores this challenge, I believe he is not fit to serve another term representing our children, and I respectfully request for him to immediately drop out of the election.

I ask the next Governor of this State, sitting on this stage;  I ask Governor Johnson to place the destiny of the next generation of children into the hands of local parents and our talented ground level teachers, as opposed to catering to technology special interest groups, who now own many Utah lawmakers.

I ask parents to demand that our education leaders base their decisions on ethics, and the rule of constitutional law, as opposed to agenda based, harmful mandates being forced upon our children via the U.S. Office of Education, and adopted without question by the Utah State Office of Education, and the State Board of Education.

I close from a quote from an American who was buried yesterday in Kentucky, Muhammad Ali. His example and courage inspired my father to pursue a dream of becoming one of America’s first generation of black medical doctors in modern history:

“Impossible is just a big word thrown around by small men who find it easier to live in the world they’ve been given, than to explore the power they have to change it.

Impossible is not a fact…. It’s an opinion.

Impossible is not a declaration…. It’s a dare.

Impossible is potential…Impossible is temporary….Impossible is nothing.”

Thank you for your time and consideration. May God bless this great, and truly exceptional Nation.”


Dr. Thompson’s campaign website link is here:!Dr-Thompsons-Utah-CapitolTown-Hall-Speech/b8v6m/575b6c780cf24c9615a7f130

Early voting begins tomorrow, and voting ends June 28th.  Please vote wisely.  No elected position in this state affects your children and your family more than the state school board position.

Obama, Keep Your 30 Pieces of Silver: No One Trumps My Child’s Bathroom Privacy   3 comments

In the moment when the home invader is at the door, yelling that he will break in and rearrange everyone and everything inside, do you panic and plead, hide, try to reason– or do you fight and defend your little ones?

I fight.

This week’s invasion of children’s bathrooms by would-be Dictator Obama is two things.

  1.  It is a precedent-setting blast to Constitutionally protected rights.  (He has no authority to do this.   We must call his bluff. )
  2. It is a foundational step to tragic sexual abuses and crimes which will take place in children’s and college students’ bathrooms because it’s founded on twisted logic: that  a minority’s desires (not rights, but desires) should trump both the rights and desires of the majority.  It’s absurd and dangerous.

Obama –and the whole world– must know that American people stand up and fight for our little ones.

We are not cowards.  We are not slaves to federal refunding of our tax dollars.  Obama’s planning to withhold funding unless we all cower to his rewrite of what gender and proper values should mean in public bathrooms.   Don’t swallow his incorrect definition.

For the record, here’s the best definition I have ever read.

Yesterday, Friday, May 13th, a letter was issued to all schools from the Departments of Justice and Education threatening to withhold federal funding from any school that fails to make accommodations for gender identity and transgenderism.

The letter calls compliance a “legal obligation” and states, “As a condition of receiving Federal funds . . a school must not treat a transgender student differently from the way it treats other students of the same gender identity . . even in circumstances in which other students, parents, or community member raise objections or concerns.”

The letter then goes into specifics about restrooms, locker rooms, athletics, housing, etc. mandating that, “A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities . . ”

Here is Utah’s Governor Herbert’s response:

“Today’s action by President Obama is one of the most egregious examples of federal overreach I have ever witnessed. Schools are the domain of state and local government, not our nation’s president. Unfortunately, this is exactly what I have come to expect from the Obama administration. If we have to fight this order, we will not hesitate to do so.”

Knowing that this letter on Transgender Students went out to schools, transgender students could force the issue on Monday.  Schools need to know that they can and must say “NO.”

We need the Utah State School Board to communicate that message to all the schools in Utah.  Then, we need the state legislature to address the problem in special session this week.


Please, please, act.

Below are Utah contacts who need to hear from courageous and moral voices.


Please, please act.


1) CONTACT State School Board members to ask them to reject the edicts in the letter and support Utah schools in adopting policies which protect our children from being forced to co-mingle in bathrooms and showers;
2) CONTACT Governor Herbert to ask him to make this issue a matter for the Special Legislative Session this Wednesday, May 18th;
3) CONTACT State Legislators to ask them to support adding this issue to the special sessionn and to pass legislation that will protect our children AND their schools.
4) SPREAD THE WORD.   The societal shift that the Obama administration is proposing would be viewed as abhorrent to all generations before us and to moral people worldwide.  Now we are supposed to make it the norm for children across America?  Everyone who loves children and wants to protect them will care about this issue.  Tell them, so they can help guard our children’s innocence and moral privacy.

Send this on to family, friends, groups. Please use email, texting, social media, etc.

IS THIS AN EMERGENCY? . . . YES!!!! Please drop everything and make time for this today.  There is no time for cowardice.

State Board of Education Contacts:

District 1 – Terryl Warner . . . 435.512.5241
District 2 – Spencer Stokes . . . 801.923.4908
District 3 – Linda Hansen . . . 801.966.5492
District 4 – David Thomas . . . 801-479-7479
District 5 – Laura Belnap . . . 801.699.7588
District 6 – Brittney Cummins . . . 801.969.5712
District 7 – Leslie Castle . . . 801.581.9752
District 8 – Jennifer Johnson . . . 801.742.1616
District 9 – Joel Wright . . . 801.426.2120
District 10 – David Crandall . . . 801.232.0795
District 11 – Jefferson Moss . . . 801.916.7386
District 12 – Dixie Allen . . . 435.789.0534
District 13 – Stan Lockhart . . . 801.368.2166
District 14 – Mark Huntsman . . . 435.979.4301
District 15 – Barbara Corry . . . 435.586.3050


Governor Gary Herbert:  801.538.1000

Utah State Legislature:

Rep. Scott Sandall . . . 435-279-7551
Rep. David Lifferth . . . 801-358-9124
Rep. Jack Draxler . . . 435-752-1488
Rep. Edward Redd . . . 435-760-3177
Rep. Curt Webb . . . 435-753-0215
Rep. Jacob Anderegg . . . 801-901-3580
Rep. Justin Fawson . . . 801-781-0016
Rep. Gage Froerer . . . 801-391-4233
Rep. Jeremy Peterson . . . 801-390-1480
Rep. Dixon Pitcher . . . 801-710-9150
Rep. Brad Dee . . . 801-479-5495
Rep. Mike Schultz . . . 801-859-7713
Rep. Paul Ray . . . 801-725-2719
Rep. Curt Oda . . . 801-725-0277
Rep. Brad Wilson . . . 801-425-1028
Rep. Stephen Handy . . . 801-979-8711
Rep. Stewart Barlow . . . 801-289-6699
Rep. Timothy Hawkes . . . 801-294-4494
Rep. Raymond Ward . . . 801-440-8765
Rep. Becky Edwards . . . 801-554-1968
Rep. Douglas Sagers . . . 435-830-3485
Rep. Susan Duckworth . . . 801-250-0728
Rep. Sandra Hollins . . . 801-363-4257
Rep. Rebecca Chavez-Houck . . . 801-891-9292
Rep. Joel Briscoe . . . 801-946-9791
Rep. Angela Romero . . . 801-722-4972
Rep. Michael Kennedy . . . 801-358-2362
Rep. Brian King . . . 801-560-0769
Rep. Lee Perry . . . 435-225-0430
Rep. Fred Cox . . . 801-966-2636
Rep. Sophia DiCaro . . .
Rep. LaVar Christensen . . . 801-808-5105
Rep. Craig Hall . . . 801-573-1774
Rep. Johnny Anderson . . . 801-898-1168
Rep. Mark Wheatley . . . 801-556-4862
Rep. Patrice Arent . . . 801-889-7849
Rep. Carol Moss . . . 801-647-8764
Rep. Eric Hutchings . . . 801-963-2639
Rep. Jim Dunnigan . . . 801-840-1800
Rep. Lynn Hemingway . . . 801-231-2153
Rep. Daniel McCay . . . 801-810-4110
Rep. Kim Coleman . . . 801-865-8970
Rep. Earl Tanner . . . 801-792-2156
Rep. Bruce Cutler . . . 801-556-4600
Rep. Steve Eliason . . . 801-673-4748
Rep. Marie Poulson . . . 801-942-5390
Rep. Ken Ivory . . . 801-694-8380
Rep. Keven Statton . . . 801-836-6010
Rep. Robert Spendlove . . . 801-560-5394
Rep. Rich Cunningham . . . 801-722-4942
Rep. Greg Hughes . . . 801-432-0362
Rep. John Knotwell . . . 801-449-1834
Rep. Mel Brown . . . 435-647-6512
Rep. Kraig Powell . . . 435-65-0501
Rep. Scott Chew . . . 435-630-0221
Rep. Kay Christofferson . . . 801-592-5709
Rep. Brian Greene . . . 801-358-1338
Rep. Derrin Owens . . . 435-851-1284
Rep. Val Peterson . . . 801-224-4473
Rep. Brad Daw . . . 801-850-3608
Rep. Keith Grover . . . 801-319-0170
Rep. Jon Stanard . . . 435-414-4631
Rep. Dean Sanpei . . . 801-979-5711
Rep. Norman Thurston . . . 385-399-9658
Rep. Francis Gibson . . . 801-491-3763
Rep. Mike McKell . . . 801-210-1495
Rep. Marc Roberts . . . 801-210-0155
Rep. Merrill Nelson . . . 801-971-2172
Rep. Brad King . . . 435-637-7955
Rep. Kay McIff . . . 801-608-4331
Rep. Brad Last . . . 435-635-7334
Rep. John Westwood . . . 435-590-1467
Rep. Mike Noel . . . 435-616-5603
Rep. Lowry Snow . . . 435-703-3688
Rep. Don Ipson . . . 435-817-5281
Sen. Luz Escamilla . . . 801-550-6434
Sen. Jim Dabakis . . . 801-815-3533
Sen. Gene Davis . . . 801-647-8924
Sen. Jani Iwamoto . . . 801-580-8414
Sen. Karen Mayne . . . 801-232-6648
Sen. Wayne Harper . . . 801-566-5466
Sen. Deidre Henderson . . . 801-787-6197
Sen. Brian Shiozawa . . . 801-889-7450
Sen. Wayne Niederhauser . . . 801-742-1606
Sen. Lincoln Fillmore . . . 385-831-8902
Sen. Howard Stephenson . . . 801-815-6800
Sen. Daniel Thatcher . . . 801-759-4746
Sen. Mark Madsen . . . 801-360-9389
Sen. Al Jackson . . . 801-216-4479
Sen. Margaret Dayton . . . 801-221-0623
Sen. Curt Bramble . . . 801-361-5802
Sen. Peter Knudson . . . 435-730-2026
Sen. Ann Millner . . . 801-900-3897
Sen. Allen Christensen . . . 801-782-5600
Sen. Scott Jenkins . . . 801-731-5120
Sen. Jerry Stevenson . . . 801-678-3147
Sen. Stuart Adams . . . 801-593-1776
Sen. Todd Weiler . . . 801-599-9823
Sen. Ralph Okerlund . . . 435-979-7077
Sen. Lyle Hillyard . . . 435-753-0043
Sen. Kevin VanTassell . . . 435-790-0675
Sen. David Hinkins . . . 435-384-5550
Sen. Evan Vickers . . . 435-817-5565
Sen. Stephen Urquhart . . . 435-668-7759


What to say:

Utah is leading the way in the fight against pornography. We have declared it a public health hazard. Making girls shower with boys and vice versa is insanely counter-productive to that. Virtue and innocence must be protected at all costs.

No one should be forced to be part of something that violates time-tested  standards and values.
The Obama administration has no authority to blackmail school districts or mandate this type of policy.
Protecting our children is more important than federal funds, especially when they come with all kinds of strings attached.
This policy will cause an exodus from public schools to private schools and homeschool.
Withholding federal funds will hurt poor students since most of that money goes to programs for under-privileged children.


Dan-Patrick (1)

Texas Lt. Gov. Dan Patrick described the situation:

“. . it is the biggest issue facing families and schools in America since prayer was taken out of public school. [Obama] has set a policy in place that will divide the country . . he says he’s going to withhold funding if schools do not follow the policy . . he can keep his 30 pieces of silver, we will not yield to blackmail.”




“User Profiling” by Department of Ed #StopSETRA   5 comments

stealth assessment baby

Buried deep in a 2012 report on “Educational Data Mining and Learning Analytics,” the US Department of Education states that one of the key applications of educational data mining is “user profiling” (page 25).

The paragraph says:  “These application areas are (1) modeling of user knowledge, user behavior, and user experience; (2) user profiling; (3) modeling of key concepts in a domain and modeling a domain’s knowledge components, (4) and trend analysis.”

Later on, in Exhibit 1, we see a flow chart.  It shows “student learning data” flowing into the “predictive model,” the “intervention engine” and then into the “adaptation engine.”  Clearly, the goal  is government-directed behavior modification following student psychological profiling.

This is sad, because “users” now include even babies, since the Department of Education has successfully pushed ESSA into law, with its “early childhood education” programs that are included in the citizen data mining venture.

The Educational Data Mining report of 2012 is not the only such report from the U.S. Department of Education. Related is its 2013 report, “Promoting Grit, Tenacity and Perseverance” which contained more of the same psychological data gathering goals.

The “Promoting Grit” report included pictures of biometric sensory devices: pressure mouse sensors, posture analysis seats, facial expression cameras, and wireless skin conductance sensors, which would mine student psychological elements, including “grit,” “tenacity,” “perseverance” and more.



In SETRA (the Strengthening Education Through Research Act, currently in the US House of Representatives, having somehow passed the Senate) we find that the federal research programs will be strengthened and enlarged so that more data, including “social and emotional learning” will be gathered for federal use.

Philosophical and constitutional questions need to be hotly debated by the House of Representatives.  More importantly, these need discussion at the dinner table, by moms and dads and teachers and principals and school board members:

  • Will American children grow up free– as self-governing, free agents, with intellectual and moral privacy and the accompanying power to soar outside any box, as well as the power to fail?  How, if even their thoughts and beliefs are monitored and subjected to “intervention”?


  • Do Americans want students to be profiled, centrally managed, and nudged in a predetermined, government-and-workforce approved direction –constantly monitored and told what to do?  If so, what qualifies central planners to trump individuals’ and families’ desires?


  • Does widespread societal faith in “experts” relegate personal privacy and real autonomy to historical artifact?  Should personal data be studied and behavior “intervened” by unsupervised central planners? Will this really keep us “safe,” as cogs in a centrally managed, economy-focused collective?  Do we want to be a government-branded herd, or free, individual, human beings?

Here come the practical questions for how all this profiling may pan out.

  • If we allow government to keep psychological profiles (not just on students– since the P-20 Workforce Pipeline  means preschool through workforce citizens get tagged) –then, what happens if a thirty year-old wants to buy a gun, and his background check comes back negatively because when he was in 5th grade, his data was interpreted to mean future depressed individual?  And what if his 5th grade data was incorrect?
  • What if “at-risk academically” is redefined and applied to a student for attending a private, religious, or home school?
  • What if “mentally unstable” is applied to anyone who does not agree with what is being taught in school?
  • What if “socially deviant” is applied to anyone who disagrees, or is bored with, collectivist groupthink and group work?  –The “what if” list could be endless.

We don’t want to see any “what if”s come to pass.  We can put proper protections in place.  Legislators, write bills and voters, actively push to get them passed –laws that will deny researchers, school systems and governments access to psychologically profiling, via tests, curricula, and standards without informed, written consent.

The fact that “profiling’s already here” is no excuse.  We can begin where we are, and take a stand today. It is true that our students are already being psychologically profiled, to some degree, by the government and schools, already: look at the math standard for Common Core that requires a student to be tagged for presence or absence of “perseverance”. That’s not about math; that’s about psychology and character.

The perseverance tag and others like it will certainly be on the SAGE (Common Core, CEDS aligned) tests; notably in Utah and Florida, which use tests created and scored by the behavioral research company AIR (American Institutes for Research).

For additional evidence of current psychological profiling, look at Utah’s “Student Strengths Inventory,” which gathers nonacademic data on high schoolers.

But none of that is any excuse.

If rain is leaking through a hole in the kitchen, that does not mean we can innocently stand by while someone pokes holes in our living room roof and the bedroom ceiling, and makes plans for the removal of the roof.

The Father of the Constitution, James Madison, said that if men were angels, no government would be necessary.  To that I add, if governments and corporations were angels, no privacy protections would be necessary; student data would be consensually collected, analyzed, and used to bless the lives and enlarge the opportunities of every student.  But men, governments, and corporations are not angels.  That’s why We, the People, need to stop invasive bills like federal SETRA; it’s why we need to write and pass good, protective laws locally.

Take action today.

Write a letter. Make a phone call. Meet with a legislator. Pray with great faith; miracles of knowledge and understanding and miracles within political workings are needed, to awaken an asleep populace and to build up protections for our children’s minds, hearts, and freedoms.


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