1.THE TESTS HAVE NEVER BEEN VALIDATED. It is out of the norm for tests to be given to children that never have been validated in a formal, scientific, peer-reviewed way. Professor Tienken of Seton Hall University calls this “dataless decision making“. What does it mean to a mom or dad to hear that no validity report has ever been issued for the SAGE/Common Core tests? It means that the test is as likely to harm as to help any child.
We would not give our children unpiloted, experimental medicine; why would we give them unpiloted, experimental education? –And, did you know that Florida bought/rented the SAGE test from Utah, and now Florida points to Utah students as its guinea pigs? Where was Utah’s parental consent? Is it okay that the youngest, most helpless citizens are compulsory research subjects without the knowledge or consent of their parents?
2. THE STANDARDS (upon which the test is based) HAVE NEVER BEEN VALIDATED. Building a test on the sandy foundation of unvalidated standards –hoping but not having actual evidence on which to base that hope– that the standards are unquestionably legitimate, means that not only the test but the teaching that leads up to it, is experimental, not time-tested. The SAGE evaluates teachers and even grades schools (and will close them) based on test scores from this flawed-upon-flawed (not to mention unrepresentative/unconstitutional) system. Dr. Tienken reminds us that that making policy decisions in this baseless way is “educational malpractice.”
4. THE TESTS ARE SECRETIVE. Parents and teachers may not see test questions, not even years after the test is over. Last year’s leaked screen shots of the test, taken by a student with her cell phone to show her mother, revealed an unpleasing agenda that asked students to question the value of reading (versus playing video games). The student who took the photos was told that she was a cheater, was threatened with expulsion; and the teacher who didn’t notice (or stop) the cell phone photography was threatened with job loss. Members of Utah’s 15-parent SAGE review committee have expressed grave concerns about the quality and content of SAGE, citing “grammar, typos, content, wrong answers, glitches, etc.,” but were never shown whether corrections were made to SAGE, prior to its hasty rollout.
5. TEST ITEM CREATION IS QUESTIONABLE. SAGE questions were written by two groups: a few hand picked Utah educators, and the psychometricians at the testing company, American Institutes for Research (AIR) which is not an academic organization but a behavioral research group. We don’t know why psychometricians were entrusted to write math and English questions. And we don’t know what the percentages are– how many SAGE questions come from educators, and how many from AIR’s psychometricians?
6.THE TEST DISREGARDS ETHICS CODES FOR BEHAVIORAL RESEARCH TESTING. As Dr. Gary Thompson has pointed out, behavioral tests are normally governed by strict codes of ethics and test-giving psychologists lose their licenses to practice if they veer from the codes of ethics.
The Utah State Office of Education claims tests do not collect psychological information, but it seems unreasonable to believe the claim.
Consider:
“Behavioral Indicators” is a phrase that’s been in Utah laws concerning student testing for years. It’s old news. Happily, last month, Sen. Aaron Osmond wrote a bill to remove that language. (Thank you, Senator Osmond.) Time will tell if the new law is respected or enforced.
“Psychometric census” of Utah students was part of the agreement Utah made with the federal government when it applied for and received a grant to build a longitudinal database to federal specifications, (including federal and international interoperability specifications.) Utah promised in that grant contract to use its Student Strengths Inventory to collect noncognitive data.
The test company, AIR, is a behavioral research company that creates behavioral assessments as its primary mission and focus.
U.S. Dept of Education reports such as “Promoting Grit, Tenacity and Perserverance” promote collection of students’ psychological and belief-based data via tests, encouraging schools to use biometric data collection devices. I have not seen any of these devices being used in Utah schools, but neither have I seen any evidence that the legislature or our State School Board stand opposed to the Dept. of Education’s report or the advice it gives.
The NCES, a federal agency, has a National Data Collection Model which it invites states to follow. Since Utah has no proper legal privacy protections in place, there is nothing stopping us from accepting the invitation to comply with the Model’s suggestions, which include hundreds of data points including intimate and even belief-based points: religious affiliation, nickname, voting status, bus stop times, birthdate, nonschool activities, etc.
7. UTAH’S NEW SCHOOL TURNAROUND LAW WILL SHUT DOWN SCHOOLS OR TAKE THEM OVER –USING SAGE AS JUSTIFICATION. The bell curve of school-grading uses SAGE as its school-measuring stick; when a certain number of schools (regardless of quality) are inevitably labeled “failing” because of their position on that bell curve, they will be turned over to the state, turned into a charter school, or closed. These events will alter lives, because of Utah’s belief in and reliance on the illegitimate SAGE test scores.
8.SAGE TESTS ARE GIVEN ALL YEAR LONG. These are not just end-of-year tests anymore. SAGE tests are summative, formative, interim, and practice (assignment based) tests. The summative (ending) test is given so early in the year that content has not been taught yet. But it gets tested anyway, and teachers/students/schools get negatively judged, anyway.
9. OPTING OUT IS ONE WAY TO PROTEST DATA MINING AND TO MINIMIZE IT. The State Longitudinal Database System (SLDS) collects daily data on every school child without ever asking for parental consent. SLDS collects much more than test-gathered data. The government of Utah will not allow an SLDS opt out. And since SLDS does not have an opt out provision (while SAGE does) it makes sense to minimize the amount of data mining that’s being done on your child by not taking these tests.
10.OPTING OUT OF SAGE FIGHTS EDUCATION WITHOUT REPRESENTATION. The lack of transparency, of fairness, of any shared amendment process or true representation under Common Core and its testing system defies “consent of the governed,” a principle we learned in the Declaration of Independence. “It is the right [and responsibility] of the people to alter or abolish” governments [or educational programs] destructive of life, liberty or the pursuit of happiness –or those that govern without the knowledge of, or consent of, the governed.
I believe that parents now have the right and responsibility to abolish SAGE testing, by refusing to participate.
If you haven’t yet realized that the Utah State Office of Education acts as an unaccountable bully to both the State School Board and to parents/teachers/legislators, please watch this; it is yet more reason to not allow your child to take the SAGE/AIR test, which is a science test as well as English and math:
Beware of Stealth Assessment as SAGE replacement
Please beware, however: The testing opt out movement has grown so huge (outside Utah) that some Utah legislators have decided to hop on the anti-testing bandwagon with an eye toward replacing SAGE with something from which public school parents can never, ever opt out (unless they home school or use private school). That’s called embedded testing, or stealth assessment.
Opt out of SAGE this year; fight Stealth Assessment next year.
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National News Update on Test Opt-Out Movement
provided by Fairtest.org
We’ve pulled together this special edition of our usually-weekly newsclips because of three huge stories that broke in the past several days.
– In New York, more than 173,000 students opted out of the first wave of state testing, at least tripling last year’s boycott level.
– In five states (Colorado, Minnesota, Montana, Nevada and North Dakota) computerized Common Core testing systems collapsed in a replay of the widespread technical problems which plagued Florida exams earlier this spring.
Both major developments further undermine the credibility of judgements about students, teachers and schools made on the basis of standardized exam results.
— And, in Washington DC, the U.S. Senate education committee responded to grassroots pressure for assessment reform by endorsing an overhaul of “No Child Left Behind,” which eliminates most federal sanctions for test scores. The bill does not go far enough to reversing test misuse and overuse, but it is a step in the right direction
Remember that these updates are posted online at: http://fairtest.org/news/other for your reference and for use in Facebook posts, Tweets, weblinks, etc.
I sat in the Early Life Child Psychology and Education center this week, watching Dr. Gary Thompson’s presentation about Common Core testing, thinking that Dr. Thompson is the fearless kid in the tale, “The Emperor’s New Clothes.”
Dr. Thompson stands armed with honesty, science and evidence, pointing out that the Emperor of SAGE/Common Core tests is stark raving naked. All around Salt Lake City, meanwhile, people play along with the wealthy emperor, pretending that nothing’s wrong with what the whole world seems to have been paid to agree are such smashing, new –dare we call them rigorous— clothes.
What does Dr. Thompson see as he analyzes the Common Core SAGE test in its birthday suit?
He points out foremost that there is such a thing as a code of ethics for the psychological testing of children.
“Wait, wait–” says the State Office of Education– “We’re not doing psychological testing on your kids.” But this does not placate Utahns who fact check for themselves. SAGE/Common Core tests –in addition to being tests of academic subjects– are psychological tests. We know this because:
1) Utah law demands it. HB15, passed in 2012, required Utah’s public and charter schools to administer computer adaptive tests aligned with Common Core. It specified “the use of behavior indicators in assessing student performance.” Behavior indicators are not math, science or language arts data points. They are psychological data points.
2) The SAGE tests are created by Utah’s test contractor, American Institutes for Research (AIR) which is primarily “one of the world’s largest behavioral and social science research organizations.” Its stated mission is “to conduct and apply the best behavioral and social science research and evaluation.”
3) The federal Department of Education –which shouldn’t, but does, call shots for the Utah State Office of Education– openly encourages psychological profiling of students via tests, calling it “data-driven decision making,” “a data quality campaign” and other positive-sounding terms. See any of its initiatives, reports and recommendations which do depend on/openly promote psychological profiling of children by testing.
Here’s how Dr. Thompson says that SAGE violates the code of ethics for psychological testing:
Standard 9.03 from the Ethical Principles of Psychologists states that “psychologists obtain informed consent for assessments. SAGE does not do this. The ethics for informed consent include telling the client (in SAGE’s case, the student and parents) what the nature, purpose and anticipated course of services will be; using clear language; allowing the client (student and parents) to ask questions; telling them about involvement of any third parties who may have access to the information gathered via the test; disclosing whether experimentation will be used; informing the client whether the test administrator is a trainee or fully qualified to administer psychological testing; obtaining consent in advance of recording or observing; potential risks; potential limitations; and more.
Each of these codes of conduct were broken by the USOE in implementing SAGE tests on Utah schools.
Standard 9.02 states that “Psychologists use assessment instruments whose validity and reliability have been established…when such validity or reliability has not been established, psychologists describe the strengths and limitations of test results and interpretation.”
There have been no independent validity and reliability studies done on SAGE tests, whatsoever, as Dr. Thompson pointed out. Another enormous principal of all scientific forms of testing– broken.
While it is clear that SAGE tests are psychological in nature, and that the tests do not adhere to the code of ethical conduct for psychological testing, there’s even more at stake.
Dr. Thompson pointed out that the future is very close to already here: Game-based assessment, also known as Stealth Assessments, are secret tests embedded in video games for schools that are further eclipsing parental rights and knowledge about what data is being collected while children are at school. Even teachers would not know what exactly is being collected or analyzed when stealth assessments are used in classroom settings.
In a scholarly journal entitled “District Administration” Dr. Thompson read, and shared, that now, in an attempt to lessen student stress, Gates-funded groups are telling us that video games are the education of the future. “District Administration” journal writes that because “complex thinking skills can’t be measured by traditional standardized tests, educators are turning to stealth assessments hidden in video games.” The article continues, “stealth assessments are seamless, so the distinction between learning and assessment is completely blurred. Kids are playing, they are learning, and they are being assessed all at the same time.” Further: “testing companies are working on ways to integrate formative assessments into daily instruction.” Children will be tested all of the time. How does a person opt out of that?
Dr. Thompson’s presentation also touched on many other issues of great importance. He spoke about the vulnerable populations that are forced to take Common Core SAGE tests (unless parents opt them out). These include children with any of a host of learning disabilities, children with depression and anxiety, children with autism and Asberger’s, children with historically poor test taking scores due to cultural bias in testing including African-American and Latino children, children with Post Traumatic Stress Disorder, children from high-stress poverty homes, children with psychotic disorders, ADHD, and dual exceptional (gifted and learning disordered) to name a few.
He shared from academic journals many ethical considerations associated with Common Core’s pushing of the very young into “rigorous” and age-inappropriate standards. He shared research he’s collected, too, about the use of children’s data for marketing purposes, (quoting from the academic journal article, “Children as Consumers.” This is relevant and troubling because the SAGE test creator, AIR, has open partnerships (and data sharing policies) with numerous corporations that have no restraint on accessing SAGE-collected student information.
Thompson further discussed harm to the brain of a child using Common Core testing practices on every type of child, and using Common Core styled math on every type of learner. He spoke of the brain’s disorganization response to Common Core-styled math pedagogy and to high-stakes tests like SAGE.
This brain-analyzing portion of the presentation must be explained in detail in a separate post. Briefly: the neurological (brain-affecting) Common Core issues raised by Dr. Thompson’s research are extremely important in light of the fact that both Bill Gates (Common Core funder) and our federal government are highly focused on studying and applying research about the neurology of children, right now. The federally approved Fattah Neuroscience Initiative, also known as the White House Neuroscience Initiative, was granted federal funds to invest in brain research and drug development, and not just to prevent Alzheimer’s. Its stated aims: “optimizing interactions between the environment and the brain across the lifespan,” “applying the brain’s information processing capabilities” and “enhancing communication among federal agencies”. Congressman Fattah wrote that he is “a major proponent of brain mapping… understand…the role of individual neurons in controlling our thoughts, movements…”. –Recall that Secretary Duncan mocked the idea that the federal government was involved in this, when it was accused of collecting student data using Common Educational Data Standards. He said, “Let’s not even get into the really wacky stuff: mind control, robots, and biometric brain mapping.” Yet that is exactly what the federal Fattah Neuroscience Initiative aims to do. Congressman Fattah has made it clear that brain mapping is the aim of the White House Neuroscience Initiative. Now, let’s use our brains. Who is the only huge, captive group of guinea pigs they have under their control upon whom they can do brain mapping research (call it education) for hours and hours every single day?
Dr. Thompson’s full presentation:
You’ll want to see the whole presentation and discuss it with your local and state representatives on the school boards in detail. Each of the issues touched on in Dr. Thompson’s presentation deserves a chapter or a book written on it.
It is the enforcer of Utah’s Common Core and the primary vehicle for massive student data collection right now. We need to get rid of it, or opt individual children –by the thousands and thousands– out of it, so that its data collectors cannot do what they aim to do, and so that Common Core experimental standards cannot take deep root in our schools, cannot dictate teacher salaries, cannot narrowly define and narrowly present what is “education” to our children.
Somebody will look out for students’ mental health, privacy, and happiness, even in this age of politically motivated high-stakes SAGE testing –and soon, in this age of stealth testing. Somebodywill look out for the parents’ rights to know about and to guide psychological treatment or analysis of children. Someonewill pound on the door of the USOE, the governor, and the legislators’ offices, demanding the end of SAGE tests in Utah schools, demanding answers to the questions that Dr. Thompson and other child psychologists, such as Joan Landes and Dr. Megan Koschnick (video below) have raised.
That someone is that person in your bathroom mirror or it’s nobody, because everybody’s so busy.
Legislators are busy. Teachers are busy. Board members are busy. Reporters are busy. Common Core technological implementers and teacher development conference producers are busy. Everyone is so busy being busy that the busy-ness that matters most of all— our children and our liberty-– have lost precious ground.
Dr. Gary Thompson is an African American Doctor of Clinical Psychology from Utah.
He doesn’t mess around.
He recently posted the following letter, which he wrote in response to the Common Core testing company, American Institutes for Research (AIR). The letter has to be shared. If you don’t have time to read it all, here’s the toothpaste-cap-sized serving of what he’s saying:
1. A.I.R., the testing company to which Utah has written out a check for $39 million to write Common Core tests, will not answer specific, professional, focused questions and lacks the professional qualifications to do what it has set out to do.
2. Dr. Thompson says that “The continued dissemination of non-data supported conclusions of Common Core by leaders in our education community, and specifically AIR, regarding testing and privacy issues, despite receipt of well documented concerns from educational, legal and psychology experts from around the country, is nothing short of malfeasance of duty.”
3. Dr. Thompson calls for the resignation of John Jesse, Director of Assessment for the Utah State Office of Education; Brenda Hale, Associate Superintendent of Public Schools; and Debra Roberts, Chairperson for the Utah State Board of Education.
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Here is the intro.
Public Response Letter to Mr. Jon Cohen – American Institutes for Research
*Note: In light of Dr. Thompson’s recent appointment to the Board of Trustees at the Utah Law & Disability Center in Salt Lake City, Utah, it must be noted for the record that his opinions are independent, and do not represent the official positions of any one Board member or employee of the Center or their affiliates.
Introduction:
In early March of 2013, we as concerned parents of children in public schools in Utah, wrote a detailed letter upon the request of Utah State Superintendent Dr. Martell Menlove regarding our serious trepidations about privacy and testing issues surrounding the implementation of “Common Core.” In it, we expressed strongly that our children would be pulled from Utah public schools unless these concerns were addressed, or in the alternative, at least acknowledge that they were “a work in progress”.
After I accepted a national television appearance, Dr. Menlove was kind enough to invite both Mr. Flint and I into his office where the conversation started out with him sincerely asking, “What can we do to ensure that your daughter Zoey will be enrolled in a Utah public school Kindergarten?”
We described our concerns verbally, but we were asked to write down our apprehensions, as well as appropriate suggestions for changes for the Utah State Office of Education to consider implementing prior to Common Core arriving at full speed in the State of Utah.
We both spent an entire weekend drafting our 12-page letter to the Superintendent and presented an email copy to him, as well as to the entire Utah State Board of Education. Dr. Menlove was kind enough to call my home three weeks later to let me know that our concerns “were heard”, our clinic was a “wonderful asset” to the community, and he appreciated all of the hard work that we do for the children in the State of Utah.
Apparently he forwarded the letter to AIR, and AIR responded to Dr. Menlove specifically about our concerns. The original AIR letter link in response to our concerns is cited below:
The Utah State Office of Education was kind enough to post your rejoinder to our inquiries into possible professional practices regarding AIR on their state webpage. Both Attorney Edward D. Flint and I have reviewed your letter. We would both like to thank you in advancefor the kind tenor of your response. In our state, apparently a titanic issue with parents is whenever many of them have questioned the accuracy or efficacy of issues surrounding Common Core, they are publically branded as “right wing, conspiracy theorists wearing tin foil hats.”
We both wish to thank you for your professional tone by not dragging political or religious ideology into an issue that is purely about science, law, parental choice, and common sense. Clearly, neither Mr. Flint nor myself have ever been accused of, or confused with being “right wing nut bags.”
The vast majority of your response letter dealt with Mr. Flint’s privacy concerns. I will cut and paste Mr. Flint’s direct response in the latter parts of this letter under the section titled “Privacy Issues”.
As for the issues regarding disability and learning disorders, you devoted a grand total of exactly 74 words (compared to my to my 8 pages of written concerns) regarding issues associated with Adaptive Testing and Common Core. Here is the exact quote from your letter regarding disability issues and the Common Core:
“On a final note, Dr. Thompson expresses concern about the tests appropriately serving students with disabilities. AIR has a long history of serving students with disabilities, and we have invested in making our testing platform the most accessible possible. In addition, we always advise our clients to design tests that adhere to the principles of fair testing outlined by the Consortium for Citizens with Disabilities guidelines for adaptive testing, which can be found at http://www.c-c-d.org/task_forces/education/CCD_Computer_Adaptive_Testing_final.pdf ”
Here are my professional thoughts regarding your paragraph:
1. You state that you have a “long history of serving students with disabilities.”
Yet you failed to provide a single reference or smidgen of evidence that you have designed adaptive tests/assessments for children of color, gifted children, or children with specific learning disabilities that are scientifically reliable or useful. Providing data links to pilot studies of successes you have had with these, and other groups of children with “learning quirks” in regards to adaptive testing would have been the appropriate professional response to a interested “shareholder” in your corporation. Whereas my tax money is funding this $39,000,000.00 endeavor, I indeed have the strong attitude that you work for the parents of public school children in the State of Utah. Your responses along these lines lacked intellectual rigor and were disingenuous at best.
2. You stated, “we have invested in making our testing platform the most accessible possible.”
Where is the data from pilot studies that support your claim? If is only accurate “as much as possible,” then certainly you are aware that certain groups of children will most likely statistically slip through the proverbial cracks with your adaptive testing design. Who are these kids? What have you done to encourage these children from avoiding potential emotional/psychological harm from opting out of this test you are designing? Your response along these lines again lack intellectual rigor and again was professionally affronting to me.
3. You stated in the paragraph, “we always advise our clients to design tests that adhere to the principles of fair testing….”.
Who in UTAH is designing this new adaptive common core test? What qualifications does this person have? I assume that Mr. John Jesse, Director of Assessment for the Utah State Office of Education, is not this person, whereas he does not have the training or experience to design such a complex, adaptive test for every public school child in the entire State of Utah.
If someone was found in our State to design this test, please tell me why a $39,000,000.00 check was written out to your company to design this test? Your attempt to conceptualize Utah as “design partner” is either a direct lie, or a mistake on your part. For $39,000,000.00, Utah taxpayers and parents expect a certain degree of honesty and/or accuracy from a company that is designing the most important test in the history of our state.
4. Speaking of accuracy, you referred us to link via this sentence:
The link in the letter you drafted and posted to the entire State of Utah to view as evidence of your concern for children with disabilities in Utah was THE CATALINA ISLAND CONSERVANCY.
I simply am speechless.
As far as the Washington D.C. based, non-profit special interestgroup, “Consortium for Citizens with Disabilities” is concerned, the guidelines on their webpage are bereft of any references towards specific practices regarding at risk children and adaptive testing. This may have something to do with the fact that it appears that absolutely none of their Board of Directors has any type of formal, graduate school level education or clinical training experience with children displaying disabilities in assessment settings. I could go on for days regarding my concerns about CCD, but time is a limiting factor.
In addition, you also failed to detail how AIR works specifically with CCD as such might concern the development of the pending $39,000,000.00 Utah adaptive test. How often have your test designers consulted with CDC? What specific advice did the CDC give you concerning our unique population of children? Did the CDC make your aware that Utah has the highest number of children diagnosed with Autism in the entire United States?
If so, what specific professional guidance did the CDC give to AIR in regards to designing test for children with Autism? Would you be so kind to share this information with my fellow parents in the State of Utah?
I will not rehash the vast majority of my concerns to you again. I do believe you have a copy of our last letter. In that letter I provided multiple avenues by which AIR and the Utah State Department of Education can alleviate our “paranoia” by at least considering the implementation of several transparency features into your $39,000,000.00 contract with the citizens and parents of the State of Utah.
Let me refresh your memory with a few nuggets of change to consider from our previous letter:
1. “Anyone who states that AIR does not have the capacity to input selected variables that measure “behavioral characteristics”, along with variables that measure language arts, science or math is sorely misguided. It would be relatively “easy” to design a language adaptive test that has behavioral characteristics embedded into the design of the test.”
2. “Someone, independent of AIR, MUST have access to every single item on the tests being designed in order to insure and that absolutely ZERO behavioral indicators are being measured on tests that parents in Utah believe are only measuring “reading, writing and arithmetic”.
3. “A truly independent review by three independent, Board Certified, joint Ph.D. level psychometricians and licensed clinical psychologist, of all of the test items developed by AIR to ensure that there are no line item variables that could be reasonable utilized to measure“behavioral characteristics” as such may be defined by the American Psychological Association, or Journals published by this group.”
4. Implying, as was done in the USOE Alpine Town Hall Meeting, that any disability group in the country has approved a test (that has not yet to be designed) for the valid use with these populations, is disingenuous at the very least, or a flat out, deliberate misrepresentation to the parents of Utah (and the rest of the country) at worst.
5. An “opt out option” for children with disabilities until data of validity and efficacy is published and disseminated to the public, which ensures fair and accurate measurement of academic achievement.
Your letter failed to even acknowledge reflection of these common sense suggestions and protections for our $39,000,000.00 investment with AIR.
Per se, as far as your response to our clinic’s concerns that were outlined to Superintendent Menlove, I find it to be nothing but a piece of disingenuous public relations rubbish that is affronting in its lack of clarity and references. In a nutshell, you have asked the entire State of Utah to simply “trust you.”
Perhaps you have not spent any recent time in our great state. It would not be an exaggeration to state that the vast majority of Utah citizens have become a little queasy regarding believing authority figures in politics and business regarding positions of fiduciary and moral trust. Common Core, good or bad, is undisputedly the largest experiment of academic and assessment change in the history of our country. With such a grand experiment, the word “trust” should never be uttered.
I strongly suggest that both AIR and the Utah State Office of Education step up to the plate with some real answers, as opposed to the public relations fluff that we as parents are tired of digesting. Your joint, continued efforts of quasi-deception by proxy might incite this highly intelligent, bi-partisan, independent group of Utah parents to descend 10,000 strong to have their voices heard on the steps of our Capitol. Outsiders may make fun of our dominant culture, may laugh regarding our Utah Jazz, however we draw the line where it comes to the health and safety of our children. Our children will not become your psychological and academic guinea pigswithout reasonable pilot-study data, specific to our unique population of children and teenagers.
Privacy Issues:
The vast majority of your letter was in response to attorney Flint’s concerns regarding data mining and related privacy issues. The following is a direct quote from Mr. Flint that I received this morning after he reviewed your letter to Dr. Menlove:
“AIR responds to our concerns about privacy, misuse of data and the protection of the database by re-stating that their contract precludes misuse or dissemination and would violate existing laws. I think we can all agree on that, however, it completely fails to answer the questions posed.
For example, in my letter to Superintendent Menlove, I cited a number of instances where both governmental and private agencies have lost or misplaced data while transferring it via flash drive, and the numerous instances of professional hackers obtaining the most sensitive and private information from medical and other databases.
The government agencies and companies that were “victims,” were also all required by law and contract to not disclose, disseminate or negligently lose the data, and to have sufficient firewall and other protections against hackers. They failed. Miserably.
AIR is in no better position than the dedicated public servants who have utterly failed us on a regular basis. They ignore the new 21st Century realities of data-mining and the veracity of how valuable data is sought after by many organizations for many, including nefarious, purposes. AIR dangerously skips past my concerns for the numerous exemptions to obtaining parental written consent, such as “academic surveys” or the oft-repeated abuses now being reported in other states that have implemented Common Core.
Like the Utah State Office of Education, they simply say “trust us, we’re professionals.” What they really mean is “screw you, we’re in charge here.”
It appears off hand that you failed to impress a trial lawyer with 26 years of litigation experience, as well as a father of a young son with Asperger’s Disorder.
Conclusion:
The repeated refusal of education leaders in positions of trust to responsibly address privacy and testing concerns (as well as other well documented concerns regarding curriculum development) surrounding Common Core may ultimately result in potential academic and emotional harm to a significant portion of Utah’s public school children. The repeated refusal to even responsibly acknowledge the very possibility of potential harm to children in our communities borders on delusional thought processes.
The continued dissemination of non-data supported conclusions of Common Core by leaders in our education community, and specifically AIR, regarding testing and privacy issues, despite receipt of well documented concerns from educational, legal and psychology experts from around the country, is nothing short of malfeasanceof duty.
In plain terms, you are experimenting with our children without our consent. Such actions are not acceptable to any parent in the State of Utah, regardless of political or religious affiliations. It’s time for some “new perspectives” to be heard in various education circles.
As such, I would deferentially request that Mr. John Jesse, Director of Assessment for the Utah State Office of Education; Ms. Brenda Hale, Associate Superintendent of Public Schools; and Ms. Debra Roberts, Chairperson for the Utah State Board of Education resign from their respective professional and/or political duties prior to the commencement of the 2013-2014 public school academic year.
(Superintendent Menlove is new to the political jungles associated with Utah, and appears to be making an active effort in trying to wrap his head around the massive changes he inherited from Washington D.C. and his predecessor. In addition, I believe that he is a man of integrity.)
As an alternative to resignations of the above named parties, I would respectfully request that both the Utah State Office of Education, as well as the Utah State School Board, discuss and objectively educate parents via their respective official websites regarding areas of Common Core that have not been vetted in a reasonable and proper manner via pilot studies (e.g.,testing issues), as well as acknowledge that potential exists for the misuse of private “educational” data. This new transparency and intellectual honesty will result in allowing parents to make individual decisions regarding either opting out of Common Core, or making arrangements for alternative educational instruction for their respective children.
Mr. Cohen, your role at AIR will be key to ensuring that USOE honors our request for more in-depth, and objective scientific and legal transparency, as well as building bridges of trust between you and the community of citizens who are paying for your services. I think I speak for and in behalf of tens of thousands of Utah parents who believe that trust must be earned when it comes to the process and execution of educating our children. The days of signing “blank checks of trust” are done in our state…especially when such involves $39,000,000.00 and our children.
This is all very simple: Prove your claims with scientifically reliable pilot data, or in the alternative, acknowledge potential deficits in a clear and concise manner so that parents, who are the true experts of their children, can make decisions regarding their unique kids and their continued involvement (or not) in Common Core.
One size does not fit all.
Best Regards,
Gary Thompson, Psy.D.
Edward D. Flint, Attorney at Law
Dr. Thompson can be reached for comment at drgary@earlylifepsych.com.
Mr. Flint can be reached for comment at specialedflint@gmail.com.
Thanks to Alyson Williams and Utahns Against Common Core for providing the following.
Protecting Student Data: Becoming Informed About Personal & Behavioral Data Collection & Sharing
Goal 1:
Allow parents to opt out* of testing and certain data tracking on behalf of their children.
Goal 2:
Prohibit non-academic data collection, i.e. behavior and require disclosure of student data types tracked in Utah’s Federally funded State Longitudinal Data System.
The Federal government has established the National Education Data Model to facilitate state collection and sharing of behavioral, health, psychological, and family data. In 2012, Utah included provisions in law to permit schools to assess “student behavior indicators.” Utah also requires that “Computer Adaptive Tests” (CATs) be used in all Utah schools.
Utah has partnered with behavioral and social science company AIR to provide CAT tests. Utah has stated its intent to upload Utah student data to an AIR database in 2013. Utah plans to keep “SAGE” CAT questions secret from all but fifteen Utah parents. Utah has not disclosed to the public the student data types tracked in Utah’s federally-funded State Longitudinal Data System (SLDS.)
The US Education Department undercut “parental consent” in federal student privacy laws without going through congress “It is the public policy of this state that parents retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing and education of their children.” -Utah Code Title 53A Section 302
National Education Data Model:
Sample from over 400 data points recommended for SLDS
Born Outside of the U.S.
Birthdate
Bus Route ID
Bus Stop Arrival Time
Career Objectives
Citizenship Status
City of Birth
Class Attendance Status
Class Rank
Days Truant
Death Cause
Death Date
Developmental Delay
Dialect Name
Diploma/Credential Awarded
Discontinuing Schooling Reason
Disease, Illness, Health Conditions
Distance From Home to School
Dwelling Arrangement
Economic Disadvantage Status
Electronic Mail Address
Family Income Range
Family Perceptions of the Impact of Early
Intervention Services on the Child
Family Public Assistance Status
Federal Program Participant Status
Immunization Date
Insurance Coverage
IP Address
Nickname
Non-school Activity Description
Religious Affiliation
Social Security Number
Voting Status
* A form has been created and is being circulated now, which parents will send to the school and State Superintendent. I will post it when I receive it from Utahns Against Common Core. The form states that the parents of this child withhold permission for the State to track the child’s personally identifiable information. We hope to flood the State Office of Education and the Governor’s Office with these forms to protect children across this state.
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References:
1
National Education Data Model, including behavioral, health, & other personal data elements: http://tinyurl.com/cyecjwt.
2
Utah HB 15 (passed in 2012), line 59: http://tinyurl.com/cxln3wk
3
Utah HB 15 (passed in 2012), lines 9, 10, 11: http://tinyurl.com/cxln3wk
4
AIR behavioral testing: tinyurl.com/bp55kxd and behavioral profiling: tinyurl.com/bwfdmnr
5
Utah contracted with AIR to provide Computer Adaptive Tests: tinyurl.com/cpxuoxk
6
Utah student data to be uploaded to AIR: tinyurl.com/cujlplf
7
Utah computer adaptive test questions to be reviewed by appointed panel of 15 out of 700,000 Utah parents (line 22):http://tinyurl.com/cxln3wk
8
EPIC is challenging changes to the Federal FERPA http://epic.org/apa/ferpa/default.html
9
“Student Data,” for the purposes of this document includes, but it not limited to, behavioral test question results, and the data elements in the federal government’s National Education Data Model (NEDM), found at tinyurl.com/crd944a. The NEDM includes over 400 student data elements, including those listed above.
COMMON CORE 