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A judge has issued a restraining order in Missouri that says that Missouri is “restrained from making any payments in the form of membership fees to the Smarter Balance Assessment Consortium… including but not limited to disbursements pursuant to “Invoice #1″ issued to the State.”  The restraining order is, at least temporarily, halting [some aspects of] Common Core SBAC tests in the state.

According to the Missouri Education Watchdog, “the Solicitor General, in arguing for the state defendant, argued that  if the fees were not paid, there would be no assessments available in Missouri schools this year at all.  This contradicts what an SBAC spokesperson said on the phone to legal counsel for the plaintiff when she said  that the membership fees are separate and distinct from the charge for using the assessments.  It also seems to contradict provisions of federal regulations that require the assessments developed by the consortia to be generally available to non-member states…  if other states were to withdraw their membership based on the same grounds, this would require a significant reorganization of the test supplier into a commercial venture as opposed to a testing consortia…  it would weaken the federal government’s requirement that states use the consortia tests in order to comply with federal regulation or waivers, because then the federal government would be granting a monopoly to a particular private company.

This ruling is a sign that the court sees some merit in the case, that SBAC may be an illegal interstate compact and thus the state’s membership in it should be null and void.”

Update:  Missouri Education Watchdog has asked to make the following clarification/correction.  Here it is:

“The TRO does not stop the state from implementing the SBAC test. It simply stops the state from paying any money to SBAC in the form of membership payments. The state will continue with its plans to administer the SBAC test in spring 2015, but the recently passed HB1490 prohibits the student scores from that test from being used in teacher evaluations or district accreditation determinations. They call it a “Pilot” test. The money we pay them would have to be classified as a purchase of SBAC… 

We were stuck in an odd situation where the company that serviced our previous test (we called it MAP) stopped providing that test in 2014 so continuing with that for another year while we develop new standards was not even an option. The legislature went for the easier temporary fix of allowing the state to use SBAC for our NCLB accountability while the new standards are being developed. They didn’t have the guts of KY to simply say we won’t be providing test data for a year. “

 

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Mercedes Schneider has written another detailed, rich article exposing the “unprecedented education profiteering” scandal that is Pearson Education’s partnership with the U.S. Department of Education.

Read it:     Incompetent Pearson “Wins” PARCC Contract. Big Surprise..

 

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Pearson and Gates have joined forces. 

Why is a Pearson and Gates combination a nightmare for America, for anyone who cares about competitive free enterprise, constitutional rights regarding education, and local control?

First, a few facts:
1. Pearson, led by Sir Michael Barber, is the biggest education product sales company on earth.
2. Bill Gates is the second richest man on earth, a man who has almost single-handedly funded and marketed the entire Common Core movement.

Gates previously partnered with UNESCO to bring a master curriculum worldwide in his “Education For All” program.  Gates openly values extreme socialism and says that it’s much better than American constitutional government. Listen to Gates at minute 6:20 on this clip. Gates says, “We’ll only know this works when the curriculum and the tests are aligned to these standards.”

Pearson’s CEA is Sir Michael Barber, a man whose company colludes with governments worldwide in public-private-partnerships (soft fascism) and believes that children’s data should be gathered on a global scale. Barber pushes his version of “sustainable educational revolution,” worldwide, explaining that sustainable education reforms mean “it can never go back to how it was.”  See his speeches on YouTube and his Twitter feeds.

These two mega forces for globalizing and standardizing education have now come together.

In a New York Times article on the partnership, Susan Neuman, a former Education Department official in the George W. Bush administration who is now a professor at the University of Michigan, was quoted:

“This is something that’s been missing in all the policy statements on the common core: a sequential curriculum,” Dr. Neuman said. But she worries that Pearson has few rivals.

“Pearson already dominates, and this could take it to the extreme,” she said. “This could be problematic for many of our kids. We could get a one size fits all.”

Indeed.

So when my state school board says that Common Core is just a set of minimum standards, not a curriculum, I will point them to this:  the biggest monopolizer of textbooks, technologies and teacher training–Pearson– has now partnered with one of the wealthiest foundations on earth to create a one size fits all curriculum.

Where will private schools and others go to buy books, who don’t want Common Core-aligned curriculum?  How will others stay in business with such huge competition?

 

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• Does every state have a federally funded, interoperable State Longitudinal Database System that tracks people throughout their lives?  Yes.

Every state has accepted 100% federally funded data collection (SLDS). The Data Quality Campaign  states:  “every governor and chief state school officer has agreed to build statewide longitudinal data systems that can follow individual students from early childhood through K-12 and postsecondary ed and into the workforce as a condition for receiving State Fiscal Stabilization Funds as part of the American Recovery and Reinvestment Act (ARRA).  A condition of getting the funding (ARRA money) was that the system would be interoperable.

• Is the SLDS accessible by the federal government?  Yes.

The SLDS grant explains that the SIF (state interoperability framework) must provide interoperability from LEA to LEA, from LEA to Postsecondary, from LEA to USOE, and from USOE to the EdFacts Data Exchange.  The EdFacts Data Initiative is a “centralized portal through which states submit data to the Department of Education.”

The P-20 workforce council exists inside states to track citizens starting in preschool, and to “forge organizational and technical bonds and to build the data system needed to make informed decisions” for stakeholders both in and outside Utah. — http://www.prweb.com/releases/2012/2/prweb9201404.htm

Is personally identifiable student information gathered, or only aggregate group data?  Personal, identifiable, individual data is collected.

• Many of us in Utah were present last summer when UT technology director John Brandt stood up in the senate education committee and testified that there are roughly twelve people in the state of Utah who have access to the personally identifiable information of students which is available in the Utah Data Alliances inter-agency network of student data.  So it is not true that we are talking about only aggregate data, which leaders often insist.  The Utah School Board confirmed to me in writing, also, that it is not allowed for any student to opt out of the P-20/ SLDS/ UDA tracking system, (which we know is K-workforce (soon to include preschool) citizen surveillance.)

• Is the collected private student data accessible to agencies beyond than state education agency?  Yes:

There are state data alliances that connect agencies.  The Data Quality Campaign states: “states must ensure that as they build and enhance state K–12 longitudinal data systems, they also continue building linkages to exchange and use information across early childhood, postsecondary and the workforce (P–20/workforce) and with other critical agencies, such as health, social services and criminal justice systems.”

• What data will be collected?  According to the new FERPA regulations, pretty much anything.  Social security numbers, psychometric and biometric information (see pg. 4 and 6) are not off the table.   According to the National Data Collection model, over 400  points.  Jenni White mentioned another federal model that asks for thousands of data points.

The types of information that the Department will collect includes biometric information (DNA, fingerprints, iris patterns) and parental income, nicknames, medical information, extracurricular information, and much more. See page 4 at  http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf and see http://nces.sifinfo.org/datamodel/eiebrowser/techview.aspx?instance=studentPostsecondary

• How does this affect parents?

Data linking changes being made in regulations and policies make former privacy protection policies meaningless. The Electronic Privacy Information Center (EPIC) sued the Dept. of Education, under the Administrative Procedure Act, arguing that the Dept. of Ed’s regulations that changed the Family Educational Rights and Privacy Act in Dec. 2011 exceeded the Department of Education’s authority and are contrary to law. http://epic.org/apa/ferpa/default.html

The Federal Register outlines, on page 51, that it is not now a necessity for a school to get student or parental consent any longer before sharing personally identifiable information; that has been reduced to the level of optional.

“It is a best practice to keep the public informed when you disclose personally identifiable information from education records.”  http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf

Dec. 2011 regulations, which the Dept. of Education made without Congressional approval and for which they are now being sued by EPIC, literally loosen, rather than strengthen, parental consent rules and other rules.  http://www.jdsupra.com/post/documentViewer.aspx?fid=5aa4af34-8e67-4f42-8e6b-fe801c512c7a

The Federal Register of December 2011 outlines the Dept. of Education’s new, Congressionally un-approved regulations, that decrease parental involvement and increase the number of agencies that have access to private student data: http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf (See page 52-57)

Although the Federal Register describes countless agencies, programs and “authorities” that may access personally identifiable student information, it uses permissive rather than mandatory language.  The obligatory language comes up in the case of the Cooperative Agreement between the Department of Education and the states’ testing consortium http://www2.ed.gov/programs/racetothetop-assessment/sbac-cooperative-agreement.pdf

Effectively, there is no privacy regulation governing schools anymore, on the federal level.  Khalia Barnes, a lawyer at EPIC disclosed that these privacy intrusions affect not only children, but anyone who ever attended any college or university (that archives records, unless it is a privately funded university.)

• Why did the Dept. of Ed need to alter FERPA regulations?

To match their data collection goals (stated in the Dept. of Ed cooperative agreement with testing consortia) which contracts with testing consortia to mandate triangulation of tests and collected data. This federal supervision is illegal under G.E.P.A. law and the 10th Amendment).   http://www2.ed.gov/programs/racetothetop-assessment/sbac-cooperative-agreement.pdf

• Who can access collected data?

The National Data Collection Model (the federal request for what states ought to be collecting) represents 400 data points schools should collect and “it is a comprehensive, non-proprietary inventory… that can be used by schools, LEAs, states, vendors, and researchers”.  Vendors are already using this.

• How can we get free of this system?

Jenni White of ROPE (Restore Oklahoma Public Education) states that the only way to get free of this federal data collection invasion is to put political pressure on our governors to give that ARRA money back.  As long as we keep it, we are in data collection chains by the federal government; also, our increasing buy-in to common core exacerbates the educational tech scam on the corporate side. Dept. of Education infringements upon state law and freedom are explained in the white paper by Jenni White entitled “Analysis of Recent Education Reforms and the Resulting Impact on Student Privacy”  –  http://www.scribd.com/doc/94149078/An-Analysis-of-Recent-Education-Reforms-and-the-Resulting-Impact-on-Student-Privacy

• What else is at stake?

Sheila Kaplan has provided expert testimony about the student data collection, but has also said that an educational data monopoly is an issue, too.  She explains that a group exists, including Bing, Yahoo, Microsoft, etc., that assigns high or low attention to content and directs internet traffic.  So if code uses hashtags and common core aligned taxonomies, your education data will get traffic.  If not, it won’t.  If you are searching for any educational data it won’t come up unless it’s using that coded taxonomy.  This wrecks net neutrality and is, in her educated opinion, an anti-trust issue of the internet. She mentioned the CEDS, (common element data system) that is ending net neutrality.  She also finds appalling the Learning Registry, funded by the Department of Defense and the Department of Education, which is a place for teachers to advertise for common core aligned products– all using stimulus money.

• Why did the Dept. of Ed redefine FERPA’s meaning of the term “educational agency” to include virtually any agency and redefine “authorized representative” to mean virtually anyone, even a “school volunteer?

When FERPA is weak, linking of data allows easy access to data, both technologically and in terms of legal policy.  It also trumps other laws, such as HIPPA.  For example, as both Gary Thompson and Jenni White have pointed out, the new, weak FERPA law takes precedence over HIPPA (patient privacy) when medical or psychological services are provided in schools or when educational services are provided in jails.

In that document, states are obligated to share data with the federal government “on an ongoing basis,” to give status reports, phone conferences and other information, and must synchronize tests “across consortia”. This triangulation nationalizes the testing system and puts the federal government in the middle of the data collecting program.

For understanding of the motivation of the federal government, read some of US Dept. of Education Arne Duncan’s or Obama’s speeches that show the passion with which the federal agency seeks access to data to control teachers and educational decisions. http://www2.ed.gov/news/speeches/2009/06/06082009.pdf

• Are teachers also to be studied like guinea pigs, along with students? Yes.

The Common Core of Data (CCD) is another federal program of data collection that studies TEACHERS as well as students.  It calls itself  “a program of the U.S. Department of Education’s National Center for Education Statistics that annually collects fiscal and non-fiscal data about all public schools, public school districts and state education agencies in the United States. The data are supplied by state education agency officials and include information that describes schools and school districts, including name, address, and phone number; descriptive information about students and staff, including demographics; and fiscal data, including revenues and current expenditures.”  http://nces.ed.gov/ccd/

The system also allows the governments to track, steer and even to punish teachers, students and citizens more easily. http://cte.ed.gov/docs/NSWG/Workforce_Data_Brief.pdf

• How does Common Core relate to the federal and corporate data collection movement?

 Chief of Staff Joanne Weiss at the Dept. of Education has been publicly quoted saying that “data-mashing” is a good idea.  Secretary of Education Arne Duncan gives speeches calling for “more robust data.” And at the recent White House Datapalooza, the CEO of eScholar stated that without Common Core tests being “the glue” for open data, this data movement would be impossible.