Archive for the ‘It’s Not Too Late To Reclaim Educational Sovereignty For Utah’ Category
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.
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: email@example.com
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.
THE SECRETARY OF EDUCATION IS GRANTED MORE POWER OVER STATES
- 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.
DATA REPORTING IS EXPANDED AT THE COST OF THE STATES
- 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.
RIGOROUS STANDARDIZED TESTS ARE THE MEASUREMENT FOR STUDENT SUCCESS
(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.
STATE PLAN REQUIREMENTS
- 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.
IDENTIFICATION FOR TARGETED SUPPORT AND IMPROVEMENT
- 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
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
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.
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
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.
Lisa Cummins (see her campaign site here) is running for District 11 (Herriman area) for Utah’s State School Board. Her speech below was given at the June 11, 2016 rally at the State Capitol, where citizens gathered to focus on “Elevating Education: Common No More”.
Governor Herbert surprised a lot of people this week, including me.
After spending the past six years promoting, marketing, and providing workforce alignment strategies to serve Common Core, and after rising to the throne of Common Core’s organization, National Governors Association, to become its chair, and after going out of his way to have the Utah Attorney General provide “proof” that Common Core supposedly represented local control– after all of this, Herbert has now turned his back on the Common Core and has written a letter to the State School Board, asking it to move away from Common Core.
The media in Utah say that they are “puzzled” and confused. Not me. I’m doing the happy dance!
Regardless of the Governor’s motives in this election year, regardless of the possibility that Utah might just endure a wasteful rebranding effort that could redeliver Common Core under a new name (as many other states, have done and done and done) –I still see this letter from Governor Herbert as a home run for the freedom team.
Read it. The letter admits that Common Core is not an example of local control, that it is the federal will, and that it damages local control –of testing, data collection, curriculum and instruction.
The letter asks the board to keep these principles in mind while it moves away from Common Core: 1) maintain high academic standards; 2) keep the federal government out of educational decisions in Utah; and 3) preserve local control of curriculum, testing, data collection and instruction.
It also says, “Just as important as the actual educational standards is the process by which we arrive at those standards. This should be a Utah process with public comment and discourse.” It continues, “…[W]e all understand the shortcomings of a one-size-fits-all approach. It is imperative that any new standards are flexible enough to allow a wide variety of curricular decisions by individual school districts …I believe that our teachers need more freedom to be creative in the classroom.”
Well, those words are a surprise, and a miracle, to me.
Some people are suspicious because the governor’s in the middle of his re-election campaign, while his challenger, has been extremely successful with voting delegates because of his staunchly anti-Common Core stand. I was there when the governor got booed by a crowd over well over 1,000 delegates at the Utah County GOP Convention last month, when he spoke about Common Core; I know he is under campaign pressure, but he didn’t have to do this! He knew it would make him look like a fair-weather politician. He knew that most of those who are already voting for the more-conservative Johnson won’t change their minds and that those who already support Herbert won’t likely change their minds. So why did he really do it?
Maybe a key to why the governor wrote this letter is in its closing paragraph. His own children and grandchildren do not like the Common Core. The letter says, “I have eleven grandchildren in Utah public schools. I have seen firsthand the frustration they and their parents have had…”
What grandfather can stand up to his own grandchildren’s lobbying efforts against the Common Core? So he caved, in a good way. He’s publically admitted that Common Core is academically miserable and politically for socialists.
I cannot see this letter as anything but great news.
So what’s next? What will the Utah State School Board do?
I don’t think it can get away with yet another meaningless rebranding job. The now-somewhat-savvy Utah public won’t stand for that, knowing what so recently happened to Utah’s previously-good science standards, or knowing what happened when Oklahoma, Arizona, New Jersey, Tennessee, Indiana, and other states passed Common Core repeal laws that resulted in nothing better, but common core 2.0 (under new names). To the dismay of those who actually wanted freedom and autonomy beyond the federal 15% no-change alignment “suggestion”, better standards didn’t actually mean, better standards. But we have the advantage of other states’ errors to learn from today.
The letter didn’t spell out every problem with education reform. For example, it didn’t say, “Let’s finally permit parents to opt children out of the federal/state data data monitoring system SLDS“.
But I don’t see the federal SLDS (Utah’s federally-provided student data mining system, which came to Utah alongside Common Core) very much longer reading “long life and happiness” in its fortune cookie. Why? Too many Utahns are aware that common data standards and common academic standards were a package deal from day one. Utah legislators recently passed bills that took protective action on student data privacy– taking a stand against the opposition’s national data-mining-and-monitoring movement. The governor will not be able to sidestep SLDS, even if he wants to. SLDS didn’t need to be in the letter because it’s on everyone’s mind.
One of my happiest thoughts, after seeing this letter, has been thinking about the countless Utah teachers and administrators who have previously not felt free to speak their minds about Common Core. The governor’s letter, in many ways (and unintentionally, perhaps) helps to reclaim freedom of speech to Utah educators. While educators opposed to Common Core have mostly remained quiet or anonymous, some of those who have not, have been bypassed, mistreated or branded as “insubordinate” for speaking out– for refusing to pretend to like Common Core –either academically or politically. Some have even been pushed to resign.
But now, if even the reigning governor is saying he’s not happy about the Common Core –academically nor in terms of lost local control– then finally, perhaps, any teacher or principal can pipe up, too.
So, this letter is very good news.
Thanks, Governor Herbert.
Student privacy rights are improving in Utah! Utah HB 358 passed and was funded this legislative session.
This is very happy news for many who have been extremely concerned about the lack of proper privacy protections in our state and country. Although the bill does not provide any opt-out ability for any student from the State Longitudinal Database System, which we’ve been asking for, for four years straight, it it does take important steps in the right direction.
The bill imposes some important restrictions on how information collected by school/government systems about a student can be stored, shared, and used. It also makes the Utah law much more protective than federal FERPA (which, as you know, was deliberately damaged by the USDOE in 2009 so that it is not protective of student privacy as it had been when first written by Congress decades ago.)
In HB 358, line 472, the new law defines who owns the data. The student.
472 (1) (a) A student owns the student’s personally identifiable student data.
(Not the “village”.)
The bill also defines three types of personally identifiable data: necessary, optional, and prohibited.
For example, under “necessary” data, the bill names:
316 (a) name;
317 (b) date of birth;
318 (c) sex;
319 (d) parent contact information;
320 (e) custodial parent information;
321 (f) contact information;
322 (g) a student identification number;
323 (h) local, state, and national assessment results or an exception from taking a local,
324 state, or national assessment;
325 (i) courses taken and completed, credits earned, and other transcript information;
326 (j) course grades and grade point average;
327 (k) grade level and expected graduation date or graduation cohort;
328 (l) degree, diploma, credential attainment, and other school exit information;
329 (m) attendance and mobility;
330 (n) drop-out data;
331 (o) immunization record or an exception from an immunization record;
332 (p) race;
333 (q) ethnicity;
334 (r) tribal affiliation;
335 (s) remediation efforts;
336 (t) an exception from a vision screening required under Section 53A-11-203 or
337 information collected from a vision screening required under Section 53A-11-203;
Under “Prohibited data” which schools and third parties may not collect, the bill name:
806 …administration to a student of any psychological or psychiatric
807 examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student’s parent or legal guardian, in which the purpose or evident intended effect is to cause the student to reveal information… concerning the student’s or any family member’s:
811 (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of
812 the State Board of Education, political philosophies;
813 (b) mental or psychological problems;
814 (c) sexual behavior, orientation, or attitudes;
815 (d) illegal, anti-social, self-incriminating, or demeaning behavior;
816 (e) critical appraisals of individuals with whom the student or family member has close
817 family relationships;
818 (f) religious affiliations or beliefs;
819 (g) legally recognized privileged and analogous relationships, such as those with
820 lawyers, medical personnel, or ministers…
Thank you, Representative Anderegg.
Read the rest of the bill here.
Please vote for Johnathan Johnson for Governor of Utah. Gary Herbert’s pretend-a-thon about Common Core has been growing increasingly desperate and despicable. Johnson doesn’t pretend that the nationalization and standardization of all things educational is acceptable, or that it’s not happening.
I actually keep the campaign mailers that Governor Herbert sends out, rather than sending them to the bird cage, because I see them as evidence in a crime scene.
“LOCAL CONTROL OF EDUCATION,” crows one flier, “Governor Herbert played a key role in supporting Congress passing a law to prohibit federally mandated education standards– including Common Core”.
(I ran around my kitchen and shrieked and burned the pancakes the first time I read this mailer.)
ESSA, a fed ed monster bill that Herbert championed, certainly did claim that it would end fed ed in its talking points, but– since no one actually was allowed time to read it– Congress found out after the vote, in reading the over-a-thousand-pages-long language, that it did no such thing. Those of us who had been studying its predecessors knew what was in the crock pot.
Federal ESSA passed into law last Christmastime, when nobody had time to read or debate the 1,000+ page bill. (To make doubly sure no one would have time to read or debate the bill, the writers gave it to the voters in Congress TWO DAYS before the vote). Senator Lee protested loudly while Herbert promoted ESSA– just as he had so long openly promoted Common Core.
Despite what Governor Herbert or the Wall Street Journal may have said, ESSA didn’t end fed ed. It cemented the entire Common Core / common data standards / common tests / federally aligned preschool system. It just deleted the term “Common Core” so that millions who despised that term might be fooled. All the federal and corporate strings were still there.
Even Federal Education Arne Duncan admitted that.
Duncan, who gloated over the deception of so many Republicans, said, “[I]f you look at the substance of what is there . . . embedded in the law [ESSA] are the values that we’ve promoted and proposed forever. The core of our agenda from Day One, that’s all in there – early childhood, high standards [i.e., Common Core]… For the first time in our nation’s history, that’s the letter of the law.”
In that interview with Politico Pro, posted by Pulse2016, Duncan said, “I’m stunned at how much better it ended up than either [House or Senate] bill going into conference. I had a Democratic congressman say to me that it’s a miracle — he’s literally never seen anything like it.”
Duncan also said:
We had many, many conversations behind the scenes . . . . And I said for us to support [ESSA] they’d have to shed their far, far right [constituents who support the Constitution] . . . . I honestly didn’t know if they’d have the political courage to do that. But they both said they would and they did. I give them tremendous credit for that.
Duncan described an intentional betrayal by silence about the real agenda of ESSA:
We were intentionally quiet on the bill – they asked us specifically not to praise it – and to let it get through. And so we went into radio silence and then talked about it after the fact. . . . Our goal was to get this bill passed – intentionally silent on the many, many good aspects of the bill . . . [W]e were very strategically quiet on good stuff . . .
With such praise for ESSA coming from Duncan (and from Herbert) and with such condemnation of ESSA coming from Lee, Chaffetz, Love, Bishop, and Stewart, one can easily see who’s aligned with progressive, Obama Administration ideology.
Utah’s Congressional delegation very correctly cited local control being taken away as the reason for voting against ESSA. Senator Mike Lee was very clear on why ESSA should never pass. The governor must have heard the ear candy of the bill’s prominent promoters, notably LaMar Alexander and Paul Ryan– but did he dismiss the words of Senator Mike Lee about ESSA?
Did Governor Herbert believe that he alone recognized ESSA as cutting fed ed, while the famously conservative Lee, Stewart, Bishop, Love and Chaffetz saw it as growing fed ed? Did these Utah Congressmen vote against local control, and for federal control? Of course not; that’s why Herbert was vague on the mailer and did not actually use the term “ESSA”.
Herbert’s mailer also brags about Herbert being top dog at the National Governors Association (NGA). True, he is its chair, but that is not something to impress an actual conservative.
The NGA is not a constitutional congress of governors. It’s a trade group. Not all governors want to be in NGA. Some governors boldly criticize it. NGA is a closed-door, private club, not subject to sunshine laws, so no voter can influence (or even listen in on) what happens there. –And what does happen there? A lot of grant-taking from the likes of Bill Gates to push Common Core on the states, for one thing; copyrighting and attempting to sell America on the Common Core, for another. One non-NGA governor, LePage of Maine, said, “I get no value out of those [NGA] meetings. They are too politically correct and everybody is lovey-dovey.”
If NGA Chair Governor Herbert wasn’t flabbily playing both sides of the campaign fence, appearing to be pro-Common Core to D.C. and to the ed sales lobby, while appearing to be anti-common core in his mailer to conservative delegates like me, he might come out with a clear and unmistakable statement, like Governor LePage’s of Maine, who said, in addition to the quote above: “I don’t believe in Common Core. I believe in raising standards in education.”
But that wouldn’t fly with the Governor’s friends in his favorite, unconstitutionally recognized, high places: NGA, CCSSO, Prosperity 2020, the Education First lobby, and the Salt Lake Chamber of Commerce.
Parents and teachers in Utah have endured intense, years-long frustration as we have listened to the charade led by the governor, echoed by those friends in unconstitutionally recognized, high places. Herbert once said he aimed to “get to the truth” about Common Core. But the narrow, controlled “conversation” that Governor Herbert then led about Common Core, was light years away from the spirit of the scripture that the governor quoted at his public meeting about Common Core: “Come and let us reason together.” There was no listening happening. Yes, he got his attorney general to say that Common Core was a locally controlled initiative, but that report was easily, factually rebutted.
If you want to see the governor’s four-year hypocrisy on Common Core newly documented, with links to the nuts and bolts of when and where Herbert promoted and defended Common Core, please read this week’s Herbert’s Common Core history article on Utahns Against Common Core by Oak Norton. It will knock your socks off.
Lastly: there’s more to object to than just Herbert’s federal rubber-stamping of nationalized education standards and tests and data gathering without consent. Look at other issues, just as important as education:
- Why did Herbert veto Constitutional Carry? Aren’t gun rights on the top of conservatives’ priority lists?
- Why did Herbert support the expansion of Obama’s ideas for “healthcare” here in Utah? Aren’t conservatives supposed to stand for fiscal realism and self-reliance and charity (as opposed to forcery –not a misspelling–)?
- Why did Herbert not refuse the SLDS data mining movement, the federally-built and paid-for “State Longitudinal Database System”–from which no child or parent or teacher may opt out— a system that inventories and profiles students without consent?
I will never forget that day, four years ago, in the governor’s office: it was just the governor, his bodyguard, and we three teachers and moms: my friends, Alisa Ellis and Renee Braddy, and me.
Although we explained our documented research about Common Core and common data collection (CEDS/SLDS) and gave Governor Herbert a thick binder that documented our research and our alarms; although we begged him to recognize the error and to steer away from these federally-promoted systems; although we pointed out that the State Office of Education was using zero documentation to support their pro-common core ear candy– the governor didn’t hear us.
He didn’t keep his promise to have us back in one month, after he and his legal staff had reviewed the issues, either.
He stayed his Common Core-promoting course and entrenched Utah further, using Prosperity 2020 and Education First as financial and political vehicles.
It was never about improving education.
Read Johnathan Johnson’s campaign site. It is a breath of fresh air.