Archive for the ‘Is Common Core Unconstitutional’ Tag

Fighting With the Utah State Office of Education   4 comments

https://whatiscommoncore.wordpress.com/2013/12/05/common-core-movie-building-the-machine-trailer/

I am impressed by the new Common Core movie trailer (that I shared yesterday) and I do hope it gets a million views.

So, today I sent out an email link to the new Common Core documentary movie to many people I thought would be interested in it, both friends and foes: The state and local school boards, the Governor’s office, my representatives, newspapers, friends, relatives, etc.

One of these email link recipients was Sydnee Dickson, a Utah State Office of Education curriculum bureaucrat. (To see more about her, click on this video: http://www.youtube.com/watch?v=B1VnpQuJQsY or see this older post or read this to see her earlier attacks on me.)

syd

I think you might find Sydnee Dickson’s response to the trailer today, revealing:

SYDNEE DICKSON: I watched the trailer and noted at the end that it is directed and funded by Michael J. Smith, President of the Home School Legal Defense Association and Michael P. Farris, attorney at parentalrights.org. The message in the trailer focuses on the false assumptions of federal takeover, dumbing down of education, lack of parental control, etc.

ME: False assumptions? I’d like to see evidence that they are false. I think they are true.

SYDNEE DICKSON: I am sure that you do and I respect your perspective… I just don’t share it. I appreciate you keeping us in the loop, however, as things are produced supporting your claims. It helps us know what people are concerned about.
Syd

ME: I would like to know what evidence you are basing your perspective upon. Since you used the term “false assumptions” I want to know how you arrive at that term and perspective. This is, after all, an intellectual, academic debate and evidence is important in order to establish truth. If you are willing, I and many others would be very happy to see it. Thank you.

SYDNEE DICKSON: We have provided plenty of evidence and have exhausted this debate with you. I am not interested in trying to change your mind; but am most interested in supporting students, teachers, and parents in ensuring their students are ready for their future. I know you believe this is important as well. I am happy to talk about how the Utah Core Standards play a part in this.
Syd

ME: Syd, your office has never provided evidence (beyond repeating opinions from Gates-funded organizations) that Common Core can ever help Utah children to succeed –because such evidence does not exist.

Common Core is an experimental, unpiloted program pushed for financial gain alone, at the expense of true college readiness, and you and I both know it.

The way to support students, teachers and parents would have been to build Utah’s future on time-tested standards, not Common Core. The way to support them would be to defend their (our) rights to locally controlled education, curriculum and testing, which the Common Core system is not. You know this as well as I do.

Even the term “Utah Core Standards” is deceptive; you know as well as I do that English and math standards in Utah ARE Common Core standards. I resent the deception.

You say that you simply “disagree” as if there were two equally viable and equally valid sides to the argument. The fact is, either you or I are alarmingly, frighteningly wrong.

We both cannot be correct. I say Common Core will do horrible, uncalculable damage to our future as Utahns; you say it’s nothing but a blessing. We cannot both be right! Is there no truth?

Proponents of Common Core should at least try to prove their system is academically legitimate and in harmony with the Constitution of the United States (separation of powers, decentralization, checks and balances). If not, why be a proponent? For money only?

If you are not even willing to discuss it, dismissing me as simply someone who “sees things differently” than you do, then you imply that the long-term effects do not matter, either.

I would venture to guess that I care a lot more about this than you do. I don’t get paid as you do, to fight about Common Core. The least you can do is stand up for your side of the argument if it is to be believed or discussed honorably.

(Waiting to hear back from her. I have a feeling I will never get any real answer.)

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Update: Two more exchanges:

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On Fri, Dec 6, 2013 at 2:36 PM, Dickson, Sydnee wrote:

Christel,

Our evidence has included letters and public testimonies from those who directed the writing of the standards and actually wrote the standards. You have called my statements from face to face meetings with the architects “not credible” on websites and you have indicated in the past that their testimony isn’t credible because they were funded in part, by the Gates Foundation. We have sent you and posted various documents which you and your peers reject as evidence. I spend most of my time working with teachers, principals, and district leaders on issues of high quality instruction and educator evaluation. I serve on panels, present at meetings, etc. on behalf of people interested in the CORE and am happy to continue to do so. It isn’t worth my time to continue to restate what we have already addressed. I merely included you on the email to the Board as you are the one who initiated the film trailer.

I would like to reiterate a point regarding the naming of the Utah Core. Utah has had CORE standards since 1984. I was a teacher at the time, using the standards. Our standards are continually reviewed and revised. We have never tried to hide the fact that we adopted the Common Core ELA and mathematics standards. We have been very up front about that. However, when they were adopted, they replaced our ELA and mathematics standards and are now Board adopted Utah Core Standards. You will find across the country that states have named them various things, based on the process of review in their particular state. They might be called ___________(state) College and Career Ready Standards, __________(state) Common Core Standards, or ___________(state) Core Standards. It varies. I am linking you to a aggregated website that shows all of the state websites addressing the CCSS https://sites.google.com/site/commoncoreinthecloud/the-other-49. This was developed by a state office employee in North Dakota.

I have never stated that the CCSS is “nothing but a blessing”. I do believe they are a key piece of reform that will help our students be better prepared to meet the demands of today’s economy. The irony is that for the first time in history, states have done exactly what the federal government thinks we can’t do. We’ve come together to create a set of standards to enable us to share resources, help military families be mobile without penalty to their children in schools, create a common set of standards that are more comparable on NAEP and other national reports, and allows for higher levels of collaboration among educators as we speak the same language. We are already getting great data out of a couple of our early adopting districts and exciting things are happening in classrooms all across Utah. We definitely still have work to do but, the potential for our children to achieve higher standards is exciting. I wish nothing but the best for you and your family, Christel, and hope that you have a wonderful holiday season.

Syd

Sydnee,

Letters and opinions supporting Common Core are only as credible as the scientific data behind them. The architects of Common Core were businessmen, not content experts, and they had zero data driving their decision-making. This is common knowledge. They never even meant for Common Core to prepare kids for legitimate university (4 year) study nor for STEM careers. If you click on that link you will see the Common Core creator state that the standards were “not only not for STEM, they are also not for selective colleges.”

They just want everything standardized.

Their being funded by Gates does create a conflict of interest, absolutely. But even without the monetary motivation, these testimonies are not credible because they are not based on empirical evidence. Empirical evidence means testing the theories upon which Common Core rests: like, actually testing (for many years, on many many students) the theory that diminishing narrative writing and reading in favor of increasing technical writing and informational reading is legitimately better in the long run. (The same goes for the theories of Common Core’s weak math theories.) These dramatic transformations ARE UNTESTED.

It doesn’t matter who thinks they’re a good idea or who doesn’t– you cannot testify with validity to what has never been tried, any more than you can come back from a location to which you have never been.

This is why people who are actually experts in curricular content such as Dr. Christopher Tienken, Dr. Sandra Stotsky, and Dr. James Milgram, should be heeded. Dr. Tienken calls this Common Core “educational malpractice” because it’s based on nothing but marketing. Nothing. Else.

But even if the standards were academically legitimate, time-tested, proven, and in actual fact, better than what we had, I would still be opposed to them on Constitutional grounds. Liberty matters to me!

It is not an accurate statement to say that “states have come together to create a set of standards.” There was nobody from Utah who was sent to serve on that Common Core creation board. Brenda Hales who works with you said this in a Heber meeting. Nobody from Utah helped because the creators “didn’t want it to become a Constitutional convention.” And indeed it was not.

The states did not create these standards and that will always be a lie no matter how many times proponents repeat it.

The standards were funded by Gates, and were created by two unelected clubs, CCSSO and NGA, who have no voter accountability whatsoever. CCSSO and NGA are totally un-transparent, private D.C. clubs. Clubs! NGA and CCSSO are not Constitutionally recognized entities that are valid spearheads to speak for and decide for the actual people of Utah, any more than Miss Teen Utah is a politically valid representative for the citizens of our state.

These two clubs have copyrighted OUR standards. Where is the representation for you and me? Where is our voice? Where is Utah’s identity in all of this? Beyond being permitted, like house pets, to add 15% to the D.C.-created standards, there is no voice for Utah anymore.

The state school board gave away our authority– their authority! They had no right to do this. The board did, under the Utah Constitution, have the right to set Utah’s education standards, but they had no right to hand their assigned role over to the clubs of D.C. as they have done, or to delegate that authority out.

We didn’t need Common Core to “enable us to share resources.” We didn’t need Common Core to “help mobile families.” Less than 1% of American students move from state to state. Empirical fact. We didn’t need Common Core to create a one-language standardized system in order to collaborate. America is too diverse to be shacked to one language or one system. And those who control this new “language” do not have our local best interests at heart. The goals of those D.C. clubs and their funders will always be served before the goals of Heber City under the Common Core.

I have no personal reason to fight with you. The reason I fight is that these principles MATTER to me. Freedom and local control matter to me more than any of these talking points of the proponents of the core matter to me. I see them as the foundation for all that is good and right.

I do not agree with the president of the NCEE, Mark Tucker, who in promoting Common Core says that the “United States will have to largely abandon the beloved emblem of American education: local control.”

Maybe you agree with him.

I do appreciate your well wishing and your good holiday cheer and wish you the same happy season as well. If I lived on your street, I’d be baking you cookies and my kids would come caroling to your door. But I predict that your office and the USSB office will receive a lot more grief before this is over, as more and more people wake up to what has happened.

Thanks for the discussion.

Christel

Intrusive to the core   1 comment

Intrusive to the core

Article excerpted and reposted from The Boston Herald 

By Charles Chieppo and Jamie Gass | Sunday, September 2, 2012 | http://www.bostonherald.com | Op-Ed

…The so-called Common Core State Standards in English and math were almost entirely developed inside the Beltway by a small group of D.C.-based education trade organizations.

Many of the 46 states that adopted the standards did so before they were even complete. In the vast majority of states, educational officials adopted the standards unilaterally; few state legislatures ever even voted on them.

To bolster their decisions, some state education officials relied on comparisons of their existing standards to Common Core, comparisons that were funded by the same Bill & Melinda Gates Foundation that has spent more than $100 million to develop and promote the national standards.

This embarrassing spectacle calls into question John Adams’ famous claim that the United States is “[a] government of laws, and not of men.”

At least three federal laws explicitly prohibit the federal government from directing, funding or controlling any state and local standards, curriculum, testing or instructional materials.

Despite these clear legal prohibitions, the Obama administration made adoption of Common Core a criterion for states competing for more than $4 billion in federal grant money. Each state that received a so-called Race to the Top grant had either adopted or promised to adopt Common Core.

Another $362 million in federal grants was doled out to two national consortia that are developing common assessments to “help” states transition to nationalized standards and tests.

In their federal grant applications, the two testing consortia flat-out stated their intent to use the money to create a “model curriculum” and instructional materials “aligned with” Common Core, in direct violation of the law. U.S. Secretary of Education Arne Duncan even said that the consortia’s work includes “developing curriculum frameworks” and “instructional modules.”

In short, the U.S. Department of Education has paid others to do what it is forbidden from doing. The tactic should not inoculate the department against curriculum prohibitions imposed by Congress. 

Courageously, Thomas Gosnell, who heads the state chapter of the union Shanker once led, opposed Massachusetts’ 2010 adoption of Common Core. “Our standards . . . are clearly higher than what the federal government is proposing,” he said. “Our students are number one in the nation and the Western world, and here we are being asked to sign onto those [national] standards”…

Charles Chieppo is a senior fellow and Jamie Gass directs the Center for School Reform at Pioneer Institute, a Boston-based think tank.

Article URL:http://www.bostonherald.com/news/opinion/op_ed/view.bg?articleid=1061157524

Does Defending the Constitution Require Rejecting Common Core?   3 comments

    What Thomas Jefferson wrote matters:  government gets its power “from the consent of the governed.”

Without the consent of the people who are being told what to do, there is not a good or free government, but a system of subtle (or not-so-subtle) oppression.

Common Core is a system of oppression, by this definition.  How? Because parents, teachers, and state legislators have never given consent or been asked to vote on Common Core; in fact, the standards were set in concrete without any amendment process available, under copyright by the National Governors’ Association (a trade group that does not include all governors).  http://www.corestandards.org/public-license  Yet, we all are being made to take on Common Core, whether we know what it is, whether we like it, whether it makes legal, educational, financial sense to us –or not.

Common Core is not Constitutional.

It violates the major provisions of the Constitution, including:  the principle of representation; separation of powers with checks and balances; limited powers of the government, and sovereignty of the people (not of elites)– each of these principles is trampled by Common Core and its sister, the new FERPA student privacy law alterations.

True, adopting Common Core was voluntary for Governors and state school boards, initially, and true, it was not initiated by the Dept. of Education –but states’ adoption was strongly incentivized, financially and with the offer of NCLB waivers, by the Dept. of Education.  And it is controlled by the Department of Education, which also controls the testing consortia.

Ezra Taft Benson explained how unconstitutional agencies operate. This explanation applies precisely to the unconstitutional program of Common Core –of federalized education and tests.  He said:

“What many fail to realize is that most of these federal agencies are unconstitutional. Why are they unconstitutional? They are unconstitutional because they concentrate the functions of the legislative, executive, and judicial branches under one head. They have, in other words, power to make rulings, enforce rulings, and adjudicate penalties when rulings are violated. They are unconstitutional because they represent an assumption of power not delegated to the executive branch by the people. They are also unconstitutional because the people have no power to recall administrative agency personnel by their vote.”

When America created a Department of Education, it also created a law to make sure the agency didn’t overstep the reasons it was created.  This is called G.E.P.A. law, the General Educational Provisions Act.  G.E.P.A. says this:

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

But the Common Core Initiative ignores  this.  The Department of Education coerces (“directs, supervises and controls”) the “choice” of states’ adoption of the standards; it controls the two consortia’s testing systems micro-management style;  http://www2.ed.gov/programs/racetothetop-assessment/sbac-cooperative-agreement.pdf and it finances Common Core above any other educational initiative states might want to create (for example, via high-stakes grants such as Race to the Top, Race to the Top for Assessments and via the NCLB waiver/ESEA Flexibility request, etc.)

   J. Reuben Clark wrote this about the Constitution’s protective gift to us:

“It gave us, for perhaps the first time in all history, a republic with the three basic divisions of government– the Legislative, Executive, and Jucidial– mutually and completely independent, the one from the other, under which it is not possible for any branch of government legally to set up a system by which that branch can first conceive what it wants to do, then make a law ordering its doing and then, itself, judge its own enforcement of its own law, a system that has always brougth extortion, oppression, intimidation, tyranny, despotism– a system that every dictator has employed and must employ.” (Improvement Era, July 1940, p. 443; qtd in The Constitution, a Heavenly Banner, by Ezra T. Benson)

Thus, the Executive Branch (The Department of Education) has illegally set up Common Core, according to the supreme law of the land, the Constitution.  Also, the Department of Education illegally broke G.E.P.A. law.  Not only that, the Department of Education went behind Congress’ back to change FERPA privacy regulations six months ago, to enable Common Core tests to be accessed without parental consent, creating the very system described as illegal in the quote by J. Reuben Clark above.

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