Three remarkable Alpine School Board Members: Wendy Hart (front left) Brian Halladay (standing, middle) and Paula Hill (front, right) have written an open letter on student privacy, citing documented realities (contracts, documents and laws) that boldly stand for student privacy and parental rights, against Common Core SAGE/AIR testing. The letter stands tall against statements from State Associate Superintendent Judy Park and the Utah State Office of Education that claim all is well with student privacy in Utah schools.
Hats off to Hart, Halladay and Hill for speaking up despite pressure to go along in silence with the decisions or positions held at the state level.
Before I post the letter, here’s a little background:
Before Common Core testing even began, Utah officially dropped out of SBAC (a federally funded Common Core test maker) but then immediately picked up, as a replacement, test maker AIR (American Institutes for Research– also federally approved, but not federally funded; Common Core-aligned; a test maker that specializes in psychometrics and behavioral testing, prioritizes promoting the LGTB philosophy –and is officially partnered with SBAC!) Many Utah parents are opting their children out of these tests, and state level officials are desperately trying to persuade the population that there’s no reason to opt out.
Statements promoting and approving AIR and SAGE, by Assistant Superintendent Judy Park, have been rebutted and even publically debated before– but this new letter stands very, very tall, shedding much more light on the student privacy dangers of SAGE/AIR and highlighting the lack of Utah laws that protect an individuals’ ownership over his/her own data.
Here’s the letter:
September 18, 2014
Dr. Judy Park
Utah State Office of Education
Dear Dr. Park,
Thank you for taking the time to address some of the issues with AIR and SAGE testing. We especially appreciate your citations of the contract. In the interest of openness and transparency, we have a point of clarification, as well as some follow-up questions.
To begin, a point of clarification. Your letter is directed to Superintendent Henshaw who communicated some of our concerns about SAGE and AIR to you. In your letter, you indicate that “False, undocumented and baseless allegations need to cease.” We wish to clarify that the concerns expressed by Dr. Henshaw were not coming from him, and, as such, your directive would not be to him but to those of us on the board and our constituents who are raising questions, based on our reading of the AIR contract with USOE. Because Dr. Henshaw reports to the Alpine School Board and not the other way around, any directive for Dr. Henshaw to rein in these ‘allegations’ from board members or constituents would be inappropriate. We can appreciate that you are troubled by this, but we would recommend that more information and more discussion would be a preferable way of resolving concerns, as opposed to suggesting that concerned representatives and their consitutents simply remain silent.
So, in that spirit of openness, we have the following clarifications and follow-up questions.
We begin by addressing the sections of the AIR contract cited in your letter of August 14. It was very much appreciated because these are the same sections of the contract that we have studied. We were hopeful that there would be additional insight. Unfortunately, we did not find any assurance in the pages listed.
I-96 – I-98: This section nicely addresses the physical, network, and software security for the server and test items. However, the only reference to AIR employees, their ability to access or use any data is left to “Utah’s public records laws, FERPA, and other federal laws.” FERPA, as many know, has been modified by the US Dept of Education to allow for the sharing of data without parental knowledge or consent as long as it can be justified as an ‘educational program’. Additionally, FERPA only contains penalties for those entities receiving federal funds. Since Utah is paying directly for SAGE testing, FERPA is a meaningless law in this regard. Additionally, Utah’s public records laws appear to only address the openness of public records, but are insufficient when it comes to privacy or use of data, including that of a minor. If there are robust privacy laws in Utah’s public records laws, we would appreciate additional citations. Please cite the other federal laws that protect the privacy of our students.
I-61: Addresses the technical protocols for the data transfer, as well as encryption of passwords. Again, this doesn’t address those who are given access by AIR to the data for whatever purpose.
I-72 – I-73: Addresses the security of those contractors who will be manually scoring during the pilot testing. This addresses a particular third-party in a particular role, but not AIR as an entity or its employees, other than this particular instance.
I-85 – I-86: Addresses the issues of users and roles for the database and USOE updates. This limits the appropriate access to those of us in Utah, based on whether we are teachers, principals, board members, USOE, etc. Again, this does not address anything about AIR as an entity or its employees.
While all these security precautions are necessary, and we are grateful they are included, they do nothing to address the particular issues that were raised at the August 12, 2014 Alpine School Board Meeting. Some of our concerns are as follows:
1) Prior to the Addendum from March 2014 (for which we are grateful) there was no prohibition on sharing data with a third-party. As indicated, the changes to FERPA would allow AIR to legally share data with a third-party as long as that sharing was for ‘an educational program’ without parental knowledge or consent. As such, the addendum now allows for that sharing only with the USOE’s consent. We are still concerned that parents are not asked to give consent and may not have knowledge of their student’s data being shared.
2) AIR itself is a research firm dedicated to conducting and applying the best behavioral and social science research and evaluation. As such, they are involved with data collection and evaluation. In the contract and addendum cited, there is nothing that prohibits how AIR or its subsidiary organizations may use, query, analyze or access any or all student data from the SAGE tests in Utah. They would have access to many data sets from many entities. They also would have multiple on-going research projects. There is no prohibition on what inquiries, research or analysis can be done on the data from SAGE testing. As long as AIR does not profit from the data or share with a third-party without the USOE’s consent, the data is managed by AIR and available for access. What are the methods in place to prevent AIR from accessing the data for additional research or analysis? AIR does not need to share the data with a third-party to violate the privacy of a student or a set of students. However, since they control and manage the database, there is nothing that would prevent this access.
3) There are no prohibitions in the contract regarding behavioral data. While we realize Mr. Cohen has said the contract does not call for gathering or evaluating behavioral data, and that AIR is not inclined to do so, there are, again, no prohibitions or penalties associated with gathering or evaluating behavioral data. State law allows for the use of behavioral data in the year-end testing. So, there are no legal prohibitions on the use or collection of behavioral data. Since behavioral research is the primary mission of AIR, as indicated by its mission statement, it is a concern for parents. If AIR has no desire to collect behavioral data as part of the SAGE testing, it should state so explicitly in a legally-binding manner.
4) Many parents have, legally, opted out of SAGE testing for their students. As such, why is AIR receiving any information on these students? Parents feel it is a grave violation of their trust by USOE that any data the USOE has received from the schools can be input into the SAGE database, not to mention the State Longitudinal Database System (SLDS). There must, at a minimum, be a way for parents to opt out of all sharing of their student’s dat with AIR and the SLDS. At what point, if any, will student data be purged from the AIR database? What is the method for demonstrating the data has been properly purged?
Additionally, we appreciate the response of Mr. Cohen to our concerns. Based on his response, we have the following questions.
1) Please list the “express purposes” for which the release, sharing or sale of data is not prohibited, per contract.
2) What third parties are AIR “explicitly permitted by the State of Utah” to provide data to?
3) What research has AIR been requested and directed by the Utah State Office of Education to conduct?
4) What entity (or entities) has AIR been authorized by the State of Utah to release data to?
5) Please list the source of the contract that states that AIR is prohibited from releasing data to the federal government.
6) What entity (or entities) have been designated by the USOE to receive data from AIR?
7) The memo does not address companies owned or operated by AIR, which would not be considered third-parties. Please state, per contract, where AIR does not share data within related party entities.
Finally, we have the following questions related to the validity and reliability of the SAGe testing. We understand that this information would not be protected by copyright, and therefore, could be provided to us, as elected officials.
1. Normative Sample Details (who took the test)
2. Coefficient Alpha Reliability
3. Content description Validity
4. Differential Item Function Analysis
5. Criterion Prediction Validity
6. Construct Identification Validity
7. Other types of validity scales/constructs that are applicable only to CAT test designs
We appreciate the opportunity to discuss this more in the future. As those who are responsible to the parents of this district, we feel it is imperative that our concerns are addressed. And, when all is said and done, it is most important that parents have the opportunity to protect whatever student information they feel is necessary. Just because parents decide to educate their children in our public school system does not mean that we, as a state government, are entitled to whatever information about their children we feel in necessary. Parents are still, by state law, primarily responsible for the education and the upbringing of their children. As such, their wishes and their need to protect information on their students is paramount. As members of the Alpine School Board, we must represent the different views and concerns of all the parents in our area. For those who have no concerns, then you may proceed as usual. For those who do have concerns, it is incumbent on us to raise these questions and to obtain the most accurate information possible.
Thank you for your time, and we look forward to more information in the future.
Sincerely,
Brian Halladay
ASD4
Wendy Hart
ASD2
Paula Hill
ASD1
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I wish every Utah parent, teacher, student and principal read this letter– and took action!
The time has long passed for blind trust in Dr. Park, in the State Office of Education and in the State School Board. Surely, power holders –in the legislature, in district administrative offices, and in the governor’s office who read this letter– will finally act.
Go to http://www.resistthetest.org to share upcoming events with allies across the nation. Note, also, that some politicians are beginning to change policies in response to constituent pressure.
This week, the Salt Lake Tribune invited Utah Assistant State Superintendent Dr. Judy Park and me to a filmed interview concerning the increasing number of Utah parents who are opting their children out of the Common Core aligned SAGE testing. Here is the link if you want to watch the half hour at “Trib Talk.”
(I will return to this post to update it soon. There is so much more that needed to be explained about the psychometrics that are apparent when you read the AIR (test writer) contract with Utah; about the data collection SLDS machine that is fed by student participation in SAGE and other digital testing/learning; about the need to defend teaching time and teacher professional judgment which are harmed by this testing; about the national opt out movement that is growing in strength and numbers across the nation. I also want to transcribe some of the questions and answers, word for word, later.)
Yesterday, UT Associate Superintendent Judy Park responded to an open letter (posted below) that I sent a week ago. I had sent the letter to support St. George parents who want to opt children out of the standardized testing.
Ms. Park’s response was a one-sentence email message that included a link to a graphic, also posted below, under the open letter.
She did not respond to the vital issues brought up in the letter, nor did her graphic reveal, despite its little red lock-icons (labeled “secure“) –any actual laws or proper policy protections that exist to make our students’ data secure from inter-agency and vendor sharing. No such laws, that I am aware of, yet exist in Utah.
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Here’s my letter:
Dear Associate Superintendent Judy Park,
Recently, you wrote (and were quoted in a letter sent out by a St. George charter school to the parents –a letter that aimed to prevent parents from opting children out of the Common Core testing– the following:
“The advocates of anti-common core are falsely accusing USOE and schools and districts of collecting and storing data that is “behavioral data and non-academic personal information”. They have no real evidence or examples to support this claim. The only data that is collected and maintained is the specific data required by state and federal law.”
Here’s unfortunate evidence to the contrary, Ms. Park. First there is a Utah law about Common Core standardized tests. This law, HB15, created in 2012, requires the collection of behavior indicators. It calls for “ the use of student behavior indicators in assessing student performance” as part of the testing. This is Utah’s S.A.G.E. –aka Common Core or A.I.R.– test.
But another law (HB177) has been requiring, from the 2002-03 school year on, “the use of student behavior indicators in assessing student performance.” Since 2002!
2. Utah has paid at least $39 million to the AIR company to write its Common Core-aligned standardized tests: American Institutes for Research”s mission: “AIR’s mission is to conduct and apply the best behavioral and social science research and evaluation…”
Are we to believe that although AIR’s purpose is to test behavioral and social indicators, and although Utah laws say that the test must note behavioral indicators, the AIR test still won’t?
3. Utah’s SLDS grant application talks about authorizing de-identification of data for research and says that individuals will be authorized to access personal student information in the various Utah agencies that belong to UDA. (Who are these individuals? Why does the UDA trust them with information that parents weren’t even told was being gathered on our children?)
Starting at page 87 on that same SLDS federal application, we read how non-cognitive behaviors that have nothing to do with academics, will be collected and studied by school systems. These include “social comfort and integration, academic conscientiousness, resiliency, etc.” to be evaluated through the psychometric census known as the “Student Strengths Inventory. (SSI)” That SSI inventory –my child’s psychological information– will be integrated into the system (SLDS). Nonacademic demographic and other personal information is also captured while administering the test. SSI data will be given to whomever it is assumed, by the so-called leadership, that needs to see it. (This should be a parental decision but has become a state decision.)
The SLDS grant promises to integrate psychological data into the state database. “Utah’s Comprehensive Counseling and Guidance programs have substantial Student Education Occupation Plan, (SEOP) data, but they are not well integrated with other student data. With the introduction of UtahFutures and the Student Strengths Inventory (SSI) and its focus on noncognitive data, combining such data with other longitudinal student level data to the USOE Data Warehouse the UDA.” It also says:
“… psychosocial or noncognitive factors… include, but are not limited to educational commitment, academic engagement and conscientiousness, social comfort and social integration, academic self-efficacy, resiliency… Until recently, institutions had to rely on standardized cognitive measures to identify student needs. … We propose to census test all current student in grades 11 and 12 and then test students in grade 11 in subsequent years using the Student Strengths Inventory (SSI) – a measure of noncognitive attitudes and behaviors.” So the Student Strengths Inventory (SSI) is a “psychometric census” to be taken by every 11th and 12th grade student in Utah. That’s one way they’re gathering the psychological data.
4. Ms. Park, you are a key player and even a writer for the Council of Chief State School Officers (CCSSO) –the organization that co-created and co-copyrighted Common Core. This makes me fairly confident that you are aware of what the CCSSO stands for and what its goals are. On the CCSSO website, it states that one of its main goals is “Continued Commitment to Disaggregation” of student data. Disaggregation means that academic bundles of students’ information will be separated into groups that are increasingly easy to identify individually.
5. “Utah’s Model for Comprehensive Counseling and Guidance.” (UMCCG) is an official document from the Utah State Office of Education (USOE) that actively endorses the collection of behavioral and non-academic data. It says, for instance, that perception data must be assessed.
-From page 172: “Perception data: Perception data answer the question, “What do people think they know, believe or can do?” These data measure what students and others observe or perceive, knowledge gained, attitudes and beliefs held and competencies achieved. These data are often collected through pre- and post-surveys, tests or skill demonstration opportunities such as presentations or role play, data, competency achievement, surveys or evaluation forms.” (pgs. 58-59)
-From page 66: Examples of attitudes or belief data include: “74 percent of students believe fighting is wrong.”
This list of Student Outcomes (which will be tracked by computers, according to the document) is full of non-academic outcomes.
-From page 136:
MG:A1 Demonstrate a deep regard for self and others
MG:A2 Demonstrate a personal commitment to basic democratic principles
MG:A3 Demonstrate a civil and considerate spirit while participating in society”
(Some people may object to MG:A2, for example, since “basic democratic principles” aren’t the same thing as “basic republican principles” and FYI, the Constitution specifically guarantees individuals a republican form of government. (Article 4, Section 4, U.S. Constitution.) So what if my child’s been taught about Article 4, Section 4, at home, and he/she doesn’t test “correctly” on MG:A2? These outcomes may sound innocuous to many, but here’s the REAL point: if the government/school system/USOE claims the right to test our children for one set of beliefs, be they good or bad, they can test our children for other sets of beliefs. They don’t have the right to assess this, in my opinion, without parental consentor at least an opt-out-of-the-SLDS-database option for parents who do object.)
These 5 points together prove, at least to me, that the educational government of Utah is collecting behavioral and non-academic data on our children without our consent.
But lastly, there is this issue: Ms. Park also wrote, “The only data that is collected and maintained is the specific data required by state and federal law.”
This is a big problem since the state and the federal privacy protection requirements do not match anymore. Ms. Park does not seem to be aware of this. But today, the state is much more protective of students’ rights. Federal FERPA regulations have been altered –not by Congress but by the sneaky Department of Education (DOE). The DOE changed the definitions of terms. They reduced from a requirement to only a “best practice” the previously protective rule that parental consent had to be obtained (prior to sharing private student data). They redefined personally identifiable information. So, no more parental consent needed and whatever they can con states into sharing, will be shared. Is this the kind of federal rule that Ms. Park is content to have us obey?
Because Utah agreed in that same SLDS federal grant applicaton to use PESC standards and SIF interoperability frameworks, Utah’s children’s private data can be accessed by other states and federal agencies very easily as long as current Utah policy permits it. Unless bills like Rep. Anderegg’s HB169 student data privacy bill and others like it are taken seriously, we have no proper legal protections and a wide open policy of quite promiscuous data sharing here in Utah.
Yep. That one sentence is all the response that she had.
Below is what Ms. Park’s link brings up. Click here to see it for yourself at the USOE site.
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Notice the continued insistence that no behavioral or belief related data is collected despite the links I provided above. Notice that the USOE states its purpose for the SLDS database is to serve schools and districts on this graphic; but in federal grant applications, federal sites and federal/corporate partnered websites, it’s stated that the SLDS exists to serve federal and “stakeholder” decision-making. Always it’s a two-step, two-faced dance.
Please know, Utahns, that while probably Ms. Judy Park is a lovely person in many ways, she is very unfortunately and very definitely not a friend to local control. She’s an active member of the CCSSO, which created national Common Core, and she was an Executive Committee co-chair of SBAC, the federally funded testing group which, by federal contract, mandated that states aligned with SBAC must allow federal management of testing and data. FYI– Utah since then dropped its SBAC membership and is currently partnered with AIR, but AIR is fully partnered with federally mandated and funded SBAC.
I can also testify that if a teacher or parent asks Ms. Park a question in person, which I have, she’ll put her hand on her hip, beam an uncomfortably long-lasting smile; notanswer the question, and lightly dismiss the legitimate issue of concern with: “You certainly are passionate about what you believe. I need to move on to the next person.”
This oft-demonstrated attitude, pervasive at the USOE and USSB, is truly hurting some of the most important and best people –the students and teachers– in our beautiful state of Utah.
I had an “A-ha!” moment, as I again watched Judy Park of the Utah State Office of Education present information about the Common Core tests.
I realized that Judy Park just does not know the answers to the big, big questions that are being asked. She isn’t actually being dishonest; she is simply clueless. It’s tragic. I feel almost sorry for her.
— Does she not know that the State Longitudinal Database System is federally interoperable, and that that was one of the conditions of Utah receiving the grant money to build the SLDS in the first place?
— Does she not know that the SLDS is under a (totally unconstitutional) mandate to report to the federal government via the “portal” called the EdFacts Exchange?
— Is she unaware that the Federal Register (following the shady alterations by the Dept. of Ed to federal FERPA privacy regulations) now redefines key terms such as who is an authorized representative and what is an educational agency, so that without parental consent and without school consent, vendors and corporate researchers can access data collected by the SLDS (State Database)?
“FERPA [federal privacy law] doesn’t allow that,” and: “I don’t believe that,” and “Personally identifiable information is not even in our state database.”
Dear Ms. Park! I wish I could believe you.
But last summer, at the Utah Senate Education Committee Meeting, we all heard (and Ms. Park was in the room) when Utah Technology Director John Brandt stood up and testified that “only” a handful of people from each of the agencies comprising the Utah Data Alliance (K-12, Postsecondary, Workforce, etc.) can access the personally identifiable information that the schools collect. He said it to reassure us that barring dishonesty or hacking, the personally identifiable information was safe. But he simultaneously revealed that the schools were indeed collecting that personal information.
Sigh.
Why don’t our leaders study this stuff? Why, why?
Even Ms. Park’s secondary title, which is something about “federal accountability” is disturbing. It’s an illegal concept to be federally accountable in the realm of state education. Has nobody read the 10th Amendment to the Constitution at the State Office of Education? Has no one read the federal law called the General Educational Provisions Act, which forbids —FORBIDS— the federal government from supervising, directing or controlling education or curriculum in ANY WAY.
I am not the only one flabbergasted at what I saw and heard on that live feed of the Davis District meeting today.
This portion is reposted with permission from clinical psychologist Gary Thompson.
I’m half tempted to shoot off (another) letter to the State Superintendent of Schools demanding that they stop all future “informational”meetings until they themselves either know the correct answers, or can be honest and simply state, ” we are investigating these issues currently, and we will get back to you when we know the answers.”
Anything other than that is pure deception, and if they (Judy Park, ect) are deceiving tax paying parents, then they should be asked to resign from their positions of trust. If I here one more meeting filled with deception and plausible deniability, I may take it upon myself to publicly ask for those resignations myself in a very public manner that will make the my Glen Beck appearance look like minor league.
It is just common respect. THEY asked for my letter of assistance and clarification. Attorney Flint and myself spent an entire weekend drafting it for them and the parents in our community.
Their response over a week later?
Crickets.
Not even a thank you note….and then they have the gall to present a LIVE feed to the entire State filled with definitive answers to parents questions that not only could they not answer during our 2 hour in person meeting, but asked for our assistance to clarify the issues they did not understand.
How hard would it had been to simply say, “We do not know.” ???
Ms. Parks response to questions regarding adaptive testing to children with learning “quirks” (out new name for disabilities) was so devious and deceptive that I had to turn it off.
Alisa Olsen Ellis, don’t you ever stop this fight as long as you have life in you.
God bless you.
-Gary Thompson
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Please, if you live in Uintah District, attend the meeting about the Common Core (AIR/SAGE) tests to be presented by the USOE on
April 25, 2013 @ 4:00 pm – 6:00 pm at the Maeser Training Center 1149 North 2500 West Vernal,UT 84078 USA
After a whole year of never receiving an email response from Asst. Superintendent Judy Park, today she wrote back! Wow.
But. The billion dollar question was dodged again. It’s been dodged in emails for over a year. It was dodged twice more at last night’s Common Core (S.A.G.E./A.I.R.) presentation, both during and after the event. But I wrote an email asking it again.
Here it is, and here’s her answer.
My Question:Please direct me to documentation of the claim that the common core standards, upon which this test is built, are legitimate and that they have been empirically tested, rather than being the experimental idea of unelected noneducators?
Ms. Park’s Answer: You have received a great deal of information about the common core from Brenda Hales, Associate Superintendent. I would encourage you to direct your questions about the common core to her.
Another dodge! Another D O D G E!
Utterly, completely unbelievable!
This dodge is like building a house (a new Utah educational system) on quicksand (illegitimate standards) and insisting that everyone to keep admiring the roof (nifty technology) –and telling the homeowner (teacher/taxpayers/parents) who paid for the whole thing and will live in it for life, to quit asking the pesky questions about those sinking wobbly motions in the foundation, directing that homeowner to ask an irrelevant wallpaper hanger why the home was built in quicksand.
There comes a time when you either keep yelling at the t.v./radio/computer screen/newspaper, or you make a move.
Utah, I am asking you to make a move. Call. Write. Tell our Governor, School Board, legislature and U.S.O.E. that we deserve answers to these most basic of all questions that affect our children and grandchildren in dramatic ways, for the rest of their lives. Please act.
This is what I wrote to Assistant Superintendent Judy Park today.
Judy,
Thank you for taking the time to partially respond to some of my questions.
Please– stop dodging the most important question, for me and for all Utahns.
“First, do no harm” applies to education as well as to medicine. Please show us proof that the USSB/USOE is doing no harm by implementing Common Core; this should be easy. Brenda Hales, the public relations person is not an academic expert; you are. By dodging the question to her it appears that you don’t even know whether Common Core is snake oil –or not.
Don’t teachers, parents and legislators deserve to know that hundreds of millions of dollars and hours and children’s minds all pushing toward Common Core implementation is being spent wisely?! Do we not deserve to see evidence and references backing up the oft-repeated claim that these standards are helpful?
Where is the study showing that long-term, lives are enhanced when high school seniors are deprived of 70% of their classic literature? Where is the study showing that long-term, students who are deprived of the knowledge of how to convert fractions into decimals, are blessed by that fact? Countless examples could be shared.
You serve on the CCSSO, the D.C. group which developed and copyrighted these unproven standards. You have been doing this longer than our State Superintendent and you stand uniquely qualified to answer questions about the academic legitimacy of the standards and about the lack of any empirical evidence to back up the U.S.O.E.’s claims– which have been replicated on every district website in this state— and which are false.
The standards are not serving children honorably. They take away from, rather than raise, Utah’s educational hopes. Less classic literature. Less traditional math. Slowing of the age at which algorithms are introduced. Less narrative writing. Less parental consent. No district-held control over the sharing of student data. And worst of all, the standards and connected reforms and mandates have robbed Utah of educational sovereignty, a constitutional right. We have no voice, no amendment process. For such a trade, the standards must surely be magnificent.
Yet you cannot even point me to the documentation that these standards are more than a blind experiment on our kids, written by noneducators and adopted at grant-point, rather than after thorough and honorable academic vetting in Utah?
This is an absolute outrage.
In the name of integrity, what are you going to do about it?
Last night at your presentation on Common Core tests, you promised to direct me to references documenting the truth of your statement: that the new common core AIR/SAGE tests are written by Utahns, for Utahs, in Utah. I am writing to request a direct link to that documentation. I appreciate your response.
You also promised to answer questions after the meeting; however, when I asked you mine after the meeting, you turned away from me and began to speak to a principal instead. The question remains unanswered: will you please direct me to documentation of the claim that the common core standards, upon which this test is built, are truly legitimate and that they have been empirically tested, rather than being the experimental idea of unelected noneducators?
While the testing technology is indeed impressive, it reminds me of admiring a shiny new roof on a building built on quicksand. Admiring the roof seems a bit pointless. I’m asking you to prove we’re not on quicksand. Can you?
Last night, a few of us were asking whether student behavioral indicators would be tested. You smiled warmly and said the test would only cover math, English and science.
However, in HB15, the legislation that created space for these new common core computer adaptive tests, it says:
59 (d) the use of student behavior indicators in assessing student performance;
I was unsure what student behavior indicators were until I read the recent explanation of a licensed clinical psychologist, who explained that it’s literally anything– anything from mental health evaluation to sporting events to social habits to family status and that measuring behavioral indicators gives results-readers “godlike predictive ability” over that child. Since A.I.R. is a behavioral research agency before it’s an academic testing company, according to its own website, this concerns me greatly.
Please explain how Utah parents can rest assured that their children will not be tested and tracked concerning anything other than math, English and science in light of this legislation and in light of A.I.R.’s stated purpose.
Michelle Malkin’s true to her word. She said her New Year’s Resolution would be to expose the truth about Common Core, and she’s well on her way. Her fourth installment in the series “Rotten to the Core” is out.
In “The Feds’ Invasive Student Tracking Data Base” Malkin brings up the fact that while millions of Americans worry about government drones spying on citizens from the skies, millions are unaware that Washington is already spying on us using a web of recent “education reforms” known as the Common Core Initiative.
Malkin shares a link to the National Data Collection Model which asks states to report intimate details of an individual’s life, including bus stop times, parental names, nicknames, languages spoken, and more.
Reading her article made me think of last year’s “child privacy no more” revelation.
Last year, when I first learned these student data tracking facts, I contacted my state school board to ask if there was an opt-out privilege. Could my public school attending child NOT be intimately tracked by the state’s SLDS data collection system? The answer came back, eventually. They said NO. They blamed it on the technology: the technology doesn’t allow us to opt certain children out.
The idea of “data driven decision making” has become a passion to many educrats, corporate icons and government leaders (Think Obama, Duncan, Joanne Weiss, –or Utah’s own John Brandt, David Wiley, and Judy Park).
“Data Driven” is a concept used as justification for behavior that in the end amounts to corporate/government stalking of children –without any parental consent.
I’m not using the word “stalking” facetiously. Does the governmental obsession with personal data collection differ from stalking?
I can think of only one answer to the question of how these differ: an individual stalker tends to stalk just one person at a time and rarely “inspires” millions to help stalk.
So what do we do? Let’s look at our options. We can:
While I feel grateful we did not go with Pearson (Sir Michael Barber) or with ACT (David Coleman) I don’t know if this is any different –the AIR group appears to be, just like Pearson and ACT, just another D.C. global-citizen indoctrination institute.
I wish we’d chosen to spend that 39 million on real blessings to our kids: great libraries of books, wonderful basketball courts, more high quality teachers, field trips— actual learning supplies, instead of on high-stakes tests that will track and manage (and limit) our children’s futures all the way into their careers.
The AIR tests will be meshed with the tracking system (P-20) that manages children from preschool to workforce via the State Longitudinal Database System (SLDS) that the federal government paid us almost $10 million to use. (That contributed to the U.S. debt– it was ARRA stimulus money).
Interstate and intra-state agencies, and also state-fed relationships will share access to these test scores and to the citizen profiles the tests will build.
It’s a 1984-esque citizen profiling situation that can only be halted if teachers, parents and citizens stand up and say no, loudly.
Remenber, the new tests and the mediocre Common Core standards are not our local will. There’s never been a vote. These are products of the federal and globalist will that move under the general public’s radar.
The article quoted Dr. Menlove’s reference to “federal education law”– Oh, what an example of how far off we are! What would the writers of the Constitution say about states bowing to federal laws that are clearly unconstitutional, such as those which permit federal control of state education?
I do not think that the education leaders in Utah understand that they are playing directly into the hands of those who would replace freedom and the U.S. Constitution with a Collective where the individual has no say.
Think it’s too awful to believe?
It’s like the telephone game. Utah’s education leaders are whispered to by the federal educational leaders, who have been whispered to by top “Education Reform” activists: Sec. Arne Duncan, Barack Obama, Clinton, Pearson’s Sir Michael Barber, ACT’s David Coleman, Achieve Inc., SBAC, PARCC, NGA, CCSSO, Bill Gates/UNESCO, and the U.N.’s Agenda 21 Education Reform.
It is not rocket science to see where they are pushing us.
I really don’t think the Utah leaders know it. Sadly, we all –and our children– pay for their obvious ignorance of the goals of globalist “Education Reform”.
There is still plenty o’confusion in the state of Utah. Lawmakers are realizing that due to the Utah Constitution’s giving authority to the Board to determine educational issues, they are almost powerless (except to defund Common Core). The board seems skittish and embarrassed now that so many of us know the new standards are inferior and that our freedoms have been traded for what started out as a way to increase Utah’s chance at a federal education grant during an economic low. And some on the USOE and state school board ship seem to be steering toward the possibility of purchasing SBAC tests despite the fact that Utah just voted to cut membership ties with SBAC.
The board now admits it’s a federal program. Lawmakers are not fully aware yet of all aspects of Common Core, while the Board is digging in their heels about giving any references for their claims of increased rigor or local control.
It’s a great drama, but a sad one.
Illustration: After the meeting, Alisa Ellis and I asked School Board Chair Debra Roberts if we might get a chance to sit down and talk with her about all of this. She said, “We’ve already wasted $10,000 in Board time as this group has been sitting down with us so much.”
Really? We asked who they have actually been talking/sitting with. (I’ve never had the opportunity, but would like it. I have had the majority of my many emails ignored and was told “no” to a sit-down conference with USOE lawyer Carol Lear.)
Chair Roberts said, “Well, we’ve sat with Christel many times.” Hmm. I said, “I am Christel. And that is not true.”
She insisted it was. So, I asked who said that they had sat and talked with me. She didn’t say. I said that somebody has misinformed you or somebody needs to take a lie detector test.
She hurried away, refusing to even discuss sitting down with us. So did Superintendent Shumway. Strange. The board now seems afraid of the truth that might come out during a legitimate discussion with an educated citizen, and they simply will not give references for their claims nor will they sit down and talk like gentlemen. Or gentlewomen.
Sad.
Both the Tribune and the Deseret News covered the historic meeting of the House and Senate Education Committee on Common Core at the State Capitol yesterday. But they failed to report on some of the more fascinating moments.
Like what? Well, they skipped the Data Alliance’s data-mashing discussion and skipped the probing questions legislators directed toward both the pro-Common Core, such as Utah Superintendent Larry Shumway (and his staff) and to the visiting experts who testified at the meeting, the heroes of Utah’s day:
Jim Stergios of the Boston-based Pioneer Institute and Ted Rebarber of the D.C. -based AccountabilityWorks
The papers also totally blew the hilarious part, where Rep. Moss’ rhetorical questions got “Yes!”es –called out by several audience members including me, after Rep. Moss asked, “Have these people even read the standards? Are they English teachers? Do they have Master’s Degrees?”
Yes!
Yes!
Yes!
So, here are links to the local newspapers’ coverage of the event:
And here’s my version. Photos first, details follow.
Senator Howard Stephenson: he said if he were “the king of Utah,” he would follow the recommendation of the visiting education experts.
Representative Francis Gibson: he asked Stergios and Rebarber to clarify whether it was true that Massachusetts had had the highest educational standards in the nation [and had tested as an independent country, ranking in the top six internationally] before they dropped their standards to adopt Common Core. You could have heard a pin drop. Stergios answered: it was the very reason a Massachusetts scholar traveled to Utah to testify against Common Core.
Rebarber and Stergios: Why not brand Utah as the great state with courage to be independent of federal manipulation via Common Core?
The Testimonies:
Jim Stergios and Ted Rebarber have agreed to share written copies of their ten minute testimonies to the Utah legislature, but until I get a copy, here are a just few bullet points:
Jim Stergios:
The quality of the Common Core standards is mediocre. Cutting classic literature to make room for informational texts has been said by Dr. Sandra Stotsky to be weakening college prep, taking away from the richer and broader vocabulary of classic literature.
The math standards are less rigorous; for example, they place Alg. I in high school rather than in middle school. Math lacks a coherent grade by grade progression. The Common Core experimental approach to teaching geometry has never been successfully piloted in the world.
Stergios quoted Jason Zimba, math architect for Common Core, who said that passing the Common Core test in math will only show a student is prepared to enter a nonselective community college.
Stergios said that CCSSO administrator Gene Wilhoit’s recent statement to the Utah School Board that “there’s no Common Core police,” is misleading. Stergios said that gentlemen’s agreements quickly become mandates, as the pattern of the Dept. of Education’s recent history shows. It is best to rely on what is in writing.
Stergios mentioned the Race to the Top for DISTRICTS, which is brand new. This shows zero respect for state authority over education. There is a steady pattern of encroachment by the federal government on education.
Common Core did not have adequate deliberation; after a 2 day approval and no public input, Utah adopted Common Core. Even Fordham Institute, a pro-common core think tank, rated Utah math standards higher prior to adoption of Common Core.
Stergios said Utah should brand itself as independent, thus attracting more talent and economic growth by reversing the adoption of Common Core.
Ted Rebarber:
Legislators hold the purse. There’s a separation of powers between the legislature and the State School Board, which holds the authority over determining standards. There’s also the Constitutional principle of checks and balances. The ESEA waiver shows the federal arm is tying funds to adoption of Common Core –or to a college program that the Dept. of Ed must approve. If legislators don’t approve of either the experimental, inferior aspect, or the federally-promoted aspect of the standards, they can withhold all Common Core funding. The school board will have to create independent standards.
NAPE tests provide national results; SAT and ACT do not. They are only used by certain states, not all.
SBAC’s passing scores are non-negotiable; the purpose is to define what proficient means. Utah can’t affect SBAC.
Federal Dept of Education has herded states into a set of standards. The benefits for collaboration are over when all have the same standards, whether you call them Utah Core or Common Core. It is the same.
Texas’ Robert Scott has said he would love to do collaborative work with other states, creating an item bank rather than exact common tests. There are other approaches and ways that don’t require everyone to be the very same.
The legislature has a duty to protect the right of Utah citizens not to give up education to federal control. Protecting state sovereignty is a legitimate concern.
Of the nearly packed to capacity room, who spoke up or asked questions? Several lawmakers:
Rep. Ken Sumison:
Rep. Christensen:
Rep. Nielsen:
Rep. Moss:
Sen. Osmond:
—and more.
Who spoke up from the Utah Data Alliance and NCES? One man:
John Brandt:
And who spoke at lennnnggggth from the Utah State School Board?
Superintendent Larry Shumway
Assistant Superintendent Judy Park
(who used the word “thrilled” multiple times in the same sentence as “sharing with the Department of Education”)
–and Utah State School Board Chair Debra Roberts:
Chair Roberts said: “I don’t care what the federal government has to say…I will listen to Utah educators.” (But she refuses to speak for even five minutes to educators like me, who oppose Common Core. )
Others in the audience (non-speaking roles) included:
The Honorable Judge Norman Jackson: (who has thoroughly reviewed the legal aspects of Common Core and based on his assessment, recommended Utah reject Common Core)
Rep. Kraig Powell
who has been studying both sides of Common Core with interest
And the pro-freedom in education activist, Alisa Ellis, with many more citizens against Common Core restraints:
So, with the exception Aaron Osmond –who says he’s to the point of nausea because of how much he’s had to face Common Core controversy –most legislators and citizens and teachers still don’t understand what Common Core is. I make this judgement from having heard very important, basic questions asked by legislators.
Sen. Stephenson, Rep. Gibson, Rep. Nielsen, Rep. Moss, Rep. Christianson, Rep. Sumison and others asked good, probing questions and made clear, excellent points, such as Rep. Sumison’s “Whoever pays, makes the rules.” (He wasn’t referring to the fact that the legislators hold the Utah public purse, but to the fact that the federal government has financially incentivized Common Core.)
–I’ll get to the rest of the legislators in a minute.
First, all in the audience had to trudge through almost two hours of the Pro-Common Core Show led by Superintendent Larry Shumway and Judy Park.
Park reported on the No Child Left Behind waiver. Dr. Park bubbled and gushed about what she called her “thrill of sharing Utah’s work with the Department of ED” in applying for No Child Left Behind. She used the word “sharing” and “thrilled” multiple times. Superintendent Shumway said that he was “offended” that people “in this room” have implied that he gets something out of sitting on boards outside Utah other than providing a helpful service. He said he receives no pay for sitting on the board of CCSSO (The Council of Chief State School Officers). He did not mention another board he sits on, WestEd, which is the test writer for the Smarter Balanced Assessment Consortium (SBAC).
John Brandt and his staffer said the Utah Data Alliance is no threat to citizen privacy, although, he chuckled, “there are no guarantees,” and he admitted that “about 10 people will have clearance to access personally identifiable” citizen information.
The Q + A:
So: What did the legislators want to know? What did the pro and con answerers say?
When Rep. Moss asked her rhetorical questions and got “Yes!”es shouted out in response, Superintendent Shumway answered her, too: “Standards set a base line. Standards don’t set a cap.” (I thought: Really? What does the 15% speed limit on learning set by the Dept of Education, and copyrighted by NGA/CCSSO, do– if it does not cap our rights to educate as we see fit? Please.)
When Rep. Stephenson pointed to the academic reviews of Common Core that are unfavorable to the school board’s claims that the standards will increase rigor and strengthen legitimate college prep, Superintendent Shumway deflected the question. Waving aside official reviews by actual members of the only official national Common Core Validation Committee, professors who refused to sign off on the Common Core standards as being adequate, Superintendent Shumway said: “there’s no dearth of documents.” (The referenced reviews of Dr. Sandra Stotsky on English and by Dr. James Milgam on math are available in Exhibit A and B here: http://pioneerinstitute.org/pdf/120510_ControllingEducation.pdf and in many other places.
Rep. Christensen said he wants Utah to be independent and said, “Education is a local matter.” He was troubled by the”implicit recognition of federal supremacy,” illustrated by the majority of states having asked the federal government for waivers from No Child Left Behind. He added, “We’re going down a road” he is not happy about, illustrated by the fact he cited: a school board member said Utah had paid a $90,000 fine for noncompliance with No Child Left Behind.
In response, Superintendent Shumway said that there were various disclaimers in the No Child Left Behind application.
Rep. Nielsen asked if it was true that by 7th grade, under Common Core math, students would be two years behind world class standards. Jim Stergios responded that indeed, Common Core was a step backward for Utah, but it would be closer to one year behind. For other states, Common Core brings math standards back two years.
Rep. Nielsen stated concerns about local control, saying that the U.S. Dept of Education uses terms like “allows” this and “allows” that. Sup. Shumway responded that “We are navigating through compliated waters.”
Sen. Osmond and Sen. Stephenson asked cost-related questions: hadn’t Utah already borne the brunt of the online costs for technology to match Common Core? Ted Rebarber answered that the state should do a cost analysis as other states have done. Common Core requires transformative realignment to the national standards. Rebarber asked, “Why do it?” –Since the cost/benefit analysis shows Utah is giving away state authority while adding costs, for inferior standards or at best, very similar to previously held, state standards.
Sen. Stephenson asked about the “legitimate concerns about abandoning what districts are doing” concerning assessments. Sup. Shumway said, “We haven’t preselected any vendor [for testing]. We were careful not to create requirements that would exclude anyone.” Shumway invited any Utahn to go to schools.utah.gov and click on “popular links” and submit input on specific standards that Utahns find problematic. He said these must be academically central comments, not comments about state sovereignty over education.
Several legislators questioned the timing of simultaneously asking the public for feedback to change the standards when the test Request for Proposals (RFP) has already been written and the SBAC has long been in the test writing process. How could Utah’s changed standards match? (I would add, how do you think we’re going to get away with changing more than 15% of our standards when it’s copyrighted and the Dept. of Ed. is aiming for seamless commonality between states?)
Sup. Shumway said that the timetables are challenging.
Both Rep. Nielsen and Rep. Christensen were concerned with the costs of Common Core and the state longitudinal data system (SLDS), costs which have not been studied by Utah. The SLDS grant will run out in 2013.
Utah Technology Director John Brandt responded that he hoped the legislature would continue to fund SLDS, “this valuable tool.”
Valuable tool for whom? Children? Parents? Freedom lovers? –Excuse me while I run screaming from the room and cross-stitch and frame in gold the 4th Amendment to the Constitution.
The SLDS and Data Alliance is either–
What John Brandt and his team said it is, yesterday: a state network of data (never to be shared with federal agencies) –a way to share preschool-to-workforce data about Utahns, among six state agencies (Dept. of Workforce Services, Utah State Office of Education, and more). Brandt assured legislators that personally identifiable portions of this data would be only accessed by about ten people in the state, but countless people can access the nonidentifiable portions of the data.
This makes more sense since Brandt belongs to the Dept. of Education’s research arm, the NCES, and he also belongs to -and chairs– the group that developed and copyrighted the Common Core standards, the CCSSO or Council of Chief State School Officers. NCES has a long-standing “National Data Collection Model” you can view here: http://nces.ed.gov/forum/datamodel/Information/howToUse.aspx
So Brandt is a fed, along with being the Technology Director for the state of Utah.
Relevantly, the Dept. of Education’s Chief of Staff, Joanne Weiss, has recently said that she’s combining or “mashing” data systems of federal agencies and is “helping” states (Oh, thank you!) by writing reports to assist them in developing research partnerships. She has said, “Politicians often warn of the law of unintended consequences—as if all unintended consequences are negative ones—but in the world of data, we should also be aware of the law of welcome surprises.” (Weiss at the National Center for Education Statistics (NCES) annual conference. http://blogs.edweek.org/edweek/inside-school-research/2012/07/ed_urges_states_to_make_data_s.html Thanks, Ms. Weiss. That makes me feel better.
I will keep this in mind while I continue to study exemplary progressive collectivism such as China’s Ministry of Public Security, as I recall the “data sharing” on citizens in Germany’s 1940s, or as I enjoy George Orwell’s immortal “1984”.
There’s a meeting, open to the public, to be held in room 30 in the House Building at the State Capitol in Salt Lake City. This meeting will be important, as heavy hitters will be speaking about Common Core issues:
Dr. Larry Shumway, Utah Superintendent of Schools, John Brandt, Technology Director, and Dr. Judy Park, Associate Superintendent, will be speaking.
–and Texas Commissioner of Education Robert Scott, will be speaking.
A G E N D A
Education Interim Committee – Utah Legislature
Wednesday, August 15, 2012 • 2:00 p.m. • Room 30 House Building
1. Committee Business
2. Flexibility Waiver
Utah is among the 32 states granted a flexibility waiver to replace the federal accountability system created under No Child Left Behind with its own state accountability system. Beginning with the 2011-12 school year, schools will be evaluated based on a new state accountability system, and school performance reports will be issued this fall showing each school’s results under the new state accountability system.Committee members will receive a briefing on the flexibility waiver and the new state accountability system.
3. Utah Data Alliance and the State Longitudinal Data System
As a collaborative, multi-organizational partnership, the Utah Data Alliance seeks to enhance the quality of educational research and analysis in Utah regarding policies, practices, and programs by utilizing an integrated statewide longitudinal data system of individual, de-identified information. The Utah Data Alliance provides policy and decision makers research findings with the goal of improving education and workforce policy and practice. Committee members will receive a briefing on the Utah Data Alliance and the state longitudinal data system.
4. Report on Utah’s Core Standards and Participation in the Smarter Balanced Assessment Consortium
Dr. Shumway will report on a process for the State Board of Education to receive and consider proposed changes to Utah’s core standards for English language arts and mathematics. He will also report on State Board of Education action regarding Utah’s participation in the Smarter Balanced Assessment consortium.
5. Common Core
Dr. Stotsky, a member of the National Validation Committee for the Common Core State Standards Initiative, will testify on the common core standards. Mr. Robert Scott, Commission of Education of Texas, a state that has not adopted the common core, will express his concerns with the common core.
• Dr. Sandra Stotsky, Department of Education Reform, University of Arkansas
• Robert Scott, Commissioner of Education of Texas
![Photo: Senator Howard Stephenson: "If I were the king of Utah, I would follow the recommendations [of the visiting experts.]" Jim Stergios and Ted Rebarber testified that Utah would be better served by abandoning the Common Core and writing a higher set of education standards.](https://sphotos-b.xx.fbcdn.net/hphotos-ash3/c67.0.403.403/p403x403/533224_4028593346031_720881365_n.jpg)
COMMON CORE 