Archive for the ‘lawsuit’ Tag
So many Utahns have become so hopping mad* about Common Core in our schools that a few weeks ago, Governor Herbert publically announced that the state Attorney General will now conduct a “thorough legal review” of the rapidly adopted, unvetted education and testing standards. He’s got a public input website on the academic aspects of the Common Core. But his main question is: do the standards represent “federal entanglement”?
Well, that seems like an easy question for the Attorney General! Just read Utah’s Race to the Top application, with its federal points system based, in large part, on a state agreeing to take on the Common Core. Or check out Obama’s four pillars of education reform. Or check out Obama’s and Secretary Duncan’s speeches on the subject. Or read the federal definition of “college and career ready standards.” Not hard.
But federal entanglement’s not the only question. A new Libertas Institute lawsuit asks this key question: Did the Board violate state law in rushing through Common Core’s adoption without legally required input from parents, teachers, employers, superintendents and school boards? At least one public school has openly declared that not even slightly were they consulted. And they’re not happy about it.
The lawsuit asks for a declaratory judgment, saying that the Board failed to consult with local school boards, superintendents, teachers, employers and parents as required by law (53A-1-402.6). It asks for an order enjoining the Board from further implementing Common Core, from requiring schools to implement Common Core, and from enforcing Common Core.
I am happy to be one of the parents/educators who are the plaintiffs in this case, and grateful to Libertas Institute for footing the bill.
Go, fight, win.
* Remember to attend if at all possible this month’s public state school board meeting and the big protest THIS WEEK at the State Board of Education offices in downtown Salt Lake City: August 8th, at 9 a.m. Many Utahns against Common Core will be protesting with signs outside the building while others will be making public comment later, during the public comment segment around 10:30 inside the building. See you there.
Cindy Hill, State Superintendent of Wyoming, stood up against federal insurgence into the state-held right to educate. She stood up against nationalized testing. She opposed Common Core.
For having the backbone and integrity to do these things, she has been stripped of her Wyoming Constitutional rights as superintendent, has been given ceremonial duties only, has been moved out of her office into a museum, and she’s had her former role replaced by an invented position dubbed “Department of Education Director”.
Big Wyoming newspapers slam Cindy Hill. Small Wyoming papers defend her. Thousands of citizens signed a petition to get Cindy Hill reinstated. A lawsuit on the matter is ongoing.
Cindy Hill keeps fighting– not just for her job and her rights, but for the proper role of government in this precedent-setting drama.
Here’s a letter to the editor of WYOfacts news, in defense of Cindy Hill, that moved me. It’s written by former teacher of the year Joan Brummond.
Thank you, Joan, for setting the example in speaking out, regardless of personal consequences.
July 22, 2013
To the Editor:
I worked for Cindy Hill before she became Superintendent of Public Instruction. She is a problem solver like few administrators. She keeps the kids in mind in everything she does. I am amazed at her energy and work ethic. I am not at all surprised that in her abbreviated term heading the Wyoming Department of Education, test scores in reading and math went up, an unprecedented improvement. And I know, though she denies it, she is responsible for this positive result. She says it wasn’t her but the teachers who did the work. Well, that’s true, but it takes a leader with the ability to stay focused to do the hard work and achieve the results for kids.
As a life-long educator, a former Teacher of the Year for Wyoming, a member of Leadership Wyoming and a former president of the National State Teachers of the Year, I know a remarkable leader when I see one. Cindy Hill is that person. As a registered democrat, I voted for her because personal knowledge of a person’s integrity and mission to improve the school lives of students, trumps politics every single time.
So I have been outraged and disgusted by the politics behind SF 104. What is going on, political leaders? Why ignore the facts that she did her job and did it legally, morally and responsibly? Why deny the Constitution that gives her general supervision of our schools? Why use my money—and that of all taxpayers—to hold one sham investigation after another. Why make a mockery of the law by trying to impeach her?
No investigation ever uncovered any valid offense. Yet, the legislature is doggedly moving ahead with plans to impeach her, making expensive investigatory committees filled with people who voted against her in the first place. What’s fair about that? We teachers wouldn’t put up with this kind of unfairness on the playground; why put up with it from our lawmakers?
All this furor makes me wonder what her enemies are trying to hide? It makes me wonder if other politicians and bureaucrats need to be investigated, those who just might be skimming off the taxpayer’s bounty.
It’s a dark day in Wyoming politics. I’m like a lot of other people—I’d rather keep my head down and do my own life. But when should we Americans stand up? I’m old enough to remember the Holocaust, to remember and take to heart the words of the minister, Martin Niemoller, who said:
First they came for the Socialists, and I did not speak out–
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out–
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out–
Because I was not a Jew.
Then they came for me–and there was no one left to speak for me.
It’s the American way to stand up. I do it on behalf of the truth and our way of life. Let’s reinstate Cindy Hill to do her work and cut out the nonsense. Our students are losing precious time.
Joan Brummond, former Teacher of the Year
Tomorrow night at 7:00 p.m. there will be a Common Core informational meeting at a home in Syracuse, Utah. If you live nearby, please feel free to stop by and bring a friend. Dalane England and I will be speaking about the Common Core. Address: 2532 South 1300 West, Syracuse, Utah, 84075.
We plan to answer the following questions:
What is Common Core, and why are so many people fighting day and night to repeal it?
Does it harm my child?
Did all citizens and legislators get a chance to vet Common Core prior to its adoption by the state school board?
How does it kill local control of education, of privacy and of local values?
Why is it constitutionally threatening? / How are voters shut out of the decision making processes of Common Core?
Why don’t teachers or principals dare speak out against it?
Why must Utah’s state school board ask permission from unelected D.C. groups to modify ed standards in Utah, under Common Core?
How does unwanted student (and teacher) data mining and tracking rely on Common Core tests and standards?
Why has the Department of Education been sued for its Common-Core-test related changes to the Family Educational Rights Privacy Act?
What are intended and unintended consequences of having students take the Common Core tests?
How does Common Core affect homeschoolers and charter schoolers?
How is parental consent of student information sidestepped by the Common Core agenda?
Who paid for Common Core’s development, tests, and trainings and who will pay for Utah’s future Common Core costs?
Who gets wildly rich when Common Core aligned curriculum are virtually the only salable education products in America?
Why are both the Utah Chamber of Commerce and Utah’s Governor involved in promoting Common Core as part of Prosperity 2020?
What does the anti-common core legislation look like in those states that are withdrawing from Common Core –and can we do this in Utah?
Is there any evidence that Common Core can raise academic success or economic success in Utah? / Was there ever a pilot study or a field test of the standards? / Which lead creator of Common Core admitted that these standards only prepare students for a nonselective 2-year college?
Why did the main creator of Common Core get promoted to be president of the College Board and how will it dumb down college standards?
Which source documents from the Department of Education mandate teacher redistribution, sharing of student level data, not adding more than 15% to the standards in any state, and asking permission of D.C. groups to make amendments to these common standards?
How do we reclaim our now-lost educational power?
Did you watch the Deseret News live feed of the Davis District meeting tonight?
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.
What makes me say this?
One example: When parents asked about the data collection issue she seemed to be blissfully unaware that the Utah State Longitudinal Database System collects personally identifiable information on every student –without parental consent and without any opt-out alternative.
“There’s federal laws. There’s all the protection in the world,” she said, and added a little simile:
As banks can’t give away your money, databases can’t give away your personally identifiable information, she said.
— Does she not know that there’s a huge lawsuit going on right now because the Department of Education has loosened and ruined privacy regulations so entirely that parental consent has been reduced from a legal requirement to an optional “best practice”??
— 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?
— Has she not seen the hundreds of data points that the federal government is “inviting” states to collect and share on students at the National Data Collection Model?
— Has she never studied the Utah Data Alliance and the Data Quality Campaign?
— 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)?
— Does she not know that state FERPA is protective and good, but federal FERPA is utterly worthless because of what the Dept. of Education has done?
Ms. Park said:
“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.
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 mortified at USOE.
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?
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.
— — —
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
We knew that the Dept. of Education had been sued for violating student privacy by changing FERPA without congressional approval.
But now we learn that the same company, EPIC (Electronic Privacy Information Center) has also sued the FBI for privacy-rights obliteration.
Now, ponder those two lawsuits in the context of the White House’s “data-mashing” goals (those are the words of DOE chief of staff Joanne Weiss.) Recall, too, that the White House hosted a “Datapalooza” conference recently to celebrate the wonders of streamlining all data collection everywhere.
The White House is very openly promoting inter-agency data sharing. They will not easily admit that they are making privacy laws looser and looser and reducing parental say over student data. But it’s clear if you actually take the time to read, read, read.
All the states have a federally paid for, federally interoperable State Longitudinal Database System which tracks citizens throughout their lives.
Please click on the links to verify.