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I wrote this essay for the Libertas Institute essay contest. If you like it, please click on “like” at the Libertas link before August 22nd 2014, and share it so that I have a shot at the prize for the most “like”s. Thank you. Also, thanks to Libertas for asking Utah citizens to think and write about this important subject.

 

CIVIL DISOBEDIENCE

Queen Esther of the Bible modeled the proper role of civil disobedience when she chose to break the law to free her people from the sentence of death. She did not shrink from personal consequences that her act of agency would bring. She said, “I go in unto the king, which is not according to the law: and if I perish, I perish.”

Esther illustrated the justification for civil disobedience: we break a law only when lawful appeals cannot overcome threats to life, liberty, property, or free exercise of conscience; when it’s the only honorable course. Esther’s selfless act contrasts with the self-indulgence of others who break laws without being willing to shoulder the consequences.

Martin Luther King wrote about that willingness: “An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.”

Thoreau explained that governments were only able to commit wrongdoings, to “crucify Christ and excommunicate Copernicus and Luther, and pronounce Washington and Franklin rebels,” because individuals upheld bad governments by their failure to exercise agency, who “serve the state…as machines.” He pressed every individual not to “resign his conscience” to a government, and asked, “Why has every man a conscience then?”

Utah’s predominant religion teaches “We believe… in obeying, honoring and sustaining the law” (Article of Faith 12) and warns: “sedition and rebellion are unbecoming every citizen thus protected ” (D&C 134). But further study of D&C 134 reveals that “thus protected” means “protected in their inherent and inalienable rights” –defined as “free exercise of conscience, the right and control of property, and the protection of life.” “Thus protected” is key: we honor government as long as we are protected in our inalienable rights. When laws fail to protect, when foul oppressions are enacted, people of conscience recognize the duty –of lawful pushback when possible, and of civil disobedience when regular appeals fail.

Pondering heroic acts of civil disobedience helps to clarify the difference between noble and ignoble disobedience.

1. 150 B.C. – Abinadi of the Book of Mormon defied the rule against freedom of speech and willingly faced the consequence of death by fire. 2. 1500′s – English protestants by the hundreds were burned at the stake or beheaded for breaking the law in refusing to follow the state religion under Queen Mary I (“Bloody Mary”). 3. 1776 – Many signers of the Declaration of Independence were punished or killed for signing, which was an act of civil disobedience under British law. 4. 1850′s – Harriet Tubman traveled between Northern and Southern states, illegally freeing 300 slaves. 5. 1940′s – Sweden’s diplomat, Raoul Wallenberg, jumped on top of trainloads of Jews on their way to death camps; ignoring governing protocol and soldiers’ warning bullets, Wallenberg gave out illegal passports and ordered captives to exit the trains. He saved thousands and then lost his own life in a Russian prison. 6. 1940′s – Holland’s Caspar Ten Boom illegally hid Jews during World War II. He responded to those who criticized him: “You say we could lose our lives for this child. I would consider that the greatest honor that could come to my family.” 7. 1950′s – Rosa Parks was arrested for breaking segregation laws by deliberately sitting “illegally” on a bus. 8. 1989 – China’s “Tank Man” in Tiananmen Square deliberately walked straight into communist tanks aimed to quell all freedom-seeking demonstrators. He was seized; it’s unknown whether he was executed. 9. 1990′s – Mongolia’s Oyun Altangarel, a state librarian, was fired for seeking freedom of religion and speech, but her organization’s hunger strike moved her country toward freedom.

Oppression is not only found in distant times and countries. It’s happening under our noses in 2014 in Utah –as are corresponding heroes of civil disobedience. Consider three stories.

1. In 2013, the Salt Lake Tribune published teacher Ann Florence’s op-ed, in which Florence wrote about “an avalanche” of counter-productive mandates which did not benefit students and did cause teacher demoralization. She lamented standardized tests and Common Core. She wrote, “We are tired of the threats and disrespect… tired of having our dedication reduced to a number. Educating children is… a life’s work that deserves the highest honor.”

In 2014, when Florence openly criticized computer-adapted standardized tests as “a waste of time and irrelevant,” refused to grade them, and spoke out to news media, the honors English teacher was fired by Granite School District for “a pattern of noncompliance”.

Florence told ABC4 news, “I am challenged constantly to teach my students to consider their own opinions, to examine their opinions …but when I try to employ critical thinking as a teacher and I have the support of hundreds of other teachers, I’m silenced and I’m fired.”

2. When Stuart Harper, St. George High School Physics Teacher, spoke out against the Common Core “reform,” he was threatened with job loss.  Harper had stated that he didn’t like Common Core being “pushed upon us [teachers],” nor could he tolerate the “lack of control we have over its content.” He criticized the “awful quality of its math core,” an “over-emphasis on testing,” “burdens on schools for curriculum changes and data collection” and said that “its focus drives schools deeper into the political realm and further from real education.”

The district told Harper he’d created rebellion and insubordination. They insisted that he accept their claims about Common Core– as if seeking verification was not scientific; as if truth cannot hold up under scrutiny; as if freedom of thought equals insubordination; as if debate equals unethical conduct.

Harper reasoned with officials, saying, “my intent was not to promote rebellion, but to simply encourage personal research on the subject and exercise freedom of speech on my off time, as a citizen and father. I was told, ‘Those freedom of speech rights you are probably referring to do not apply’ … I made it clear that if I continued to be intimidated into silence that I would resign…”

Harper would not be silenced, though he knew that the system “expects acceptance and conformity to its decisions… and even goes as far as intimidating and threatening those who have differing opinions. ” In his resignation letter, he wrote, “Any society or organization that silences and discourages freedom of speech removes the possibility to express ideas…” He revealed that the system hurts not only teachers’ freedom of conscience but also students’ freedom of conscience: it “no longer promotes learning, but rather focuses on training. It teaches what to think, not how to think.”

Harper was pressured to resign and did resign– not just over academically inferior standards, but over “an environment that clearly has no respect for the Constitutional right of free speech.”

3. When Utah high school student Hannah Smith (not her real name) saw, during the state’s Common Core (SAGE) test, that an objectionable test question should be viewed by parents, she captured screen shots of the question with her cell phone. She sent them to her mother, and they were shared, published and viewed nationally.

Smith was threatened by administrators with possible loss of graduation and was told that she was a cheater. The teacher who had been in the room was also threatened with professional action. State education leader Judy Park was quoted by the Salt Lake Tribune, threatening, “Any licensed educator that has been involved, I will report to UPPAC (Utah Professional Practices Advisory Commission of the state Board of Education), because they have now violated the obligation to follow ethics.” Park added, “[A]ll this concern about Common Core and SAGE has led us to the point that parents are encouraging students to break the law.”

Utah’s government uses multiple methods to stifle debate and freedom of thought in education. Utah teachers and school staff report (anonymously) that they must conform to education and data reforms without discussion. They’re told that they may not inform parents nor students of legal rights to opt out of SAGE testing, nor speak out against the Common Core without punishment for insubordination.

Key to the coffle is the state school board’s selection procedure, which narrows the candidate pool before voters get a chance to vote. The selection procedure starts with a survey that asks whether candidates support Utah Core/Common Core. It is further narrowed by insider committees and narrowed again by the governor to two pre-selected candidates. From these, voters may choose one. A rejected candidate recently sued the governor, calling this selection procedure “viewpoint discrimination.”

Why must we reclaim the sacred freedom to disagree and debate? Benjamin Franklin explained: “Grievances cannot be redressed unless they are known; and they cannot be known but through complaints and petitions. if these are deemed affronts, and the messengers punished as offenders, who will henceforth send petitions?”

Speaking against inappropriate education reforms now ranks as civil disobedience for Utah educators. Utah parents who opt children out of SAGE tests are sometimes chided by school administrators as “unsupportive” of schools despite the law upholding the parental right to opt out of the tests.

Utah’s predominant religion says that we “do not believe that human law has a right to…… bind the consciences of men” (D & C 134). It states that the “magistrate should restrain crime, but never control conscience; should punish guilt, but never suppress the freedom of the soul.” The chapter teaches “that the commission of crime should be punished… all men should step forward and use their ability in bringing offenders against good laws to punishment” (D&C 134). I think Thoreau would agree: he called government’s harm to conscience a “sort of bloodshed” and said, “through this wound a man’s real manhood” flows out. He wrote: “we should be men first, and subjects afterward.”

Although Utahans are witnessing the lack of freedom being put into place by the Common Core tests and Common Educational Data Standards (CEDS) –most fail to step forward.

Why?

In part this may be because there is controversy over whether new standards harm or help, but it’s unarguable that the oppressive nature of implementation harms free exercise of parent/teacher conscience and that the tests and data collection systems make students unwitting guinea pigs of D.C.’s experiment. These things should matter; even those who believe Common Core’s claim to improve education may recall that the Declaration of Independence speaks of “consent by the governed” which Common Core can’t claim since it wasn’t vetted by teachers, parents or taxpayers prior to adoption.

Fact: Utah’s government oppresses exercise of conscience by threatening job loss to educators who exercise it. Teachers governed thus are not protected in their inalienable rights. Fact: because the government creates no allowance for parents to opt children out of its federal-state database tracking system (State Longitudinal Database System) it also violates parental “right and control of property”–privacy being personal property. Fact: for at least two years the state school board (collectively) has rejected every plea for relief from parents and teachers on this matter, and the legislature has not succeeded in righting the wrong.

The choice then has become to behave as silent property, as governed as cooped chickens, or to rise to the scary, defining moment of Common Core. Stand-up actions (parents opting students out of testing, administrators claiming the right to say no) may result in ridicule or job loss but may be the only way we can defend the Constitutional right to local control of education, the only way to do the right thing.

Consider Thoreau’s words: “under a government which imprisons unjustly, the true place for a just man is also a prison.”

For the sake of our American liberties and for the sake of our children, it is time for those who share the spirit of Queen Esther to echo her example: “I go in unto the king, which is not according to the law: and if I perish, I perish.”

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A local New Hampshire school board voted yesterday to drop Common Core.

According to a Laconia Sun report, one woman cited the N.H. state motto, “Live free or die,” and asked, “why would we want to take federal money? Once you let the government in, you can’t get rid of it. It gets bigger and bigger.”

But teacher Richard Kirby observed that despite the vote, students will have to take the Common Core test — the Smarter Balanced Assessment (SBAC) — which is formatted to measure Common Core standards.

The school district is, for now, obligated by the state to test students under the Common Core nationally aligned tests, and on the very Common Core standards just rejected by the local school board.

But that testing obligation could change. Many states have dropped membership in SBAC and PARCC, synchronized testing groups which are federally supervised, federally financed, and federally data-collecting.

Reading the comments of New Hampshire citizens quoted in the Laconia Sun highlights a tragic lack of understanding that exists even among policymakers, about Common Core.

For example, Superintendent William Lander assured citizens that “there is no mining of data,” and said privacy of students is protected. How interesting that the superintendent is still –as most superintendents still are– apparently unaware of his state’s federally funded and federally interoperable State Longitudinal Database System (SLDS) , and unaware of the federal EdFacts Data collection project that the SLDS feeds, and unaware of the national data collection programs that are Common Core dependent, including EIMAC, a division of a national superintendents’ club (Council of Chief State School Officers, the private group that co-developed and co-copyrighted the standards) They simply don’t know what is going on because it’s not part of what Common Core proponents explain when they share their talking points that market Common Core to the nation.

The Laconia Daily Sun reported that NH Rep. Jane Cormier (R-Alton) said officials of the New Hampshire Department of Education could not even answer basic questions about the program. Rep. Cormier said, “they’re making it up as they go along,” and asked, “why should we adopt something when we don’t have all the answers?”

But Stephen Miller, one of the local board members who had voted to remain associated with the Common Core Initiative, claimed, “This is not a political issue. It’s an education issue.” Hmm.

I see it exactly in the opposite way, Mr. Miller. To me, Common Core is not an educational issue; it’s a political control issue. Why? Because these education standards are likely to be changed (by those who own copyright) and are impossible to affect (by those governed by the standards). So we can’t even nail down, long term, what the standards are, or legitimately call them good or bad since they’re set far away are are utterly out of our local control, folks.

Yet. Proponents of Common Core have quite successfully disguised this as an educational issue, as an improvement upon education. They’ve lured us. They’ve (falsely) asserted that Common Core is a time-tested, proven system of top standards that will solve the nation’s educational challenges –without harming local ability to innovate or control education.

Common Core’s marketing has been snake-oil salesmanship from the start. No evidence exists to support those lofty claims. The Common Core has no pilot studies to point to, no long-term empirical evidence that shows that the theories on which it rests will bring about desired results. In fact, its educational theories (which include reducing the amount of classic literature and narrative writing students engage in; slowing the pace at which algorithms are taught, etc.) have been condemned by top members of the Common Core validation committee, who have refused to sign off on the adequacy of the standards.

But even that academic condemnation is irrelevant when you consider the fact that NO educational standards are going to be settled science. Education is always going to be an issue to be debated, innovated upon, argued, and there is no ONE way that works best in every school, for every state. Think about this fact carefully, again and again: that there is no representative amendment process for the commonly held standards. That’s bad!

If New Hampshire, Utah and Florida were to privately agree that they wanted to change things, for example, and they decided that they wanted to have 100% classic literature and zero informational texts in their high school literature classes (rather than sticking with the Common Core mandate of cutting away 70% of the classics) –how would they go about persuading Vermont, New Jersey, Georgia and the others to alter the standards? And then, if somehow all 45 states agreed that more classic literature would truly be more legitimate college prep, well, it would still be too-bad-so-sad-for-us!

Because there is no representation by the states in the copywritten, privately-held standards initiative. The NGA and CCSSO hold copyright over the standards and only these unaccountable groups can alter OUR standards. Adding insult to injury, the federal government put a 15% cap on top of the copyright, so states aren’t allowed to add more than 15% to the commonly held standards.

But still worse, look at the tests. The assessments themselves –anchored in the unalterable (by us) Common standards– actually cement states’ lack of power over their own standards. Because there’s not even a 15% flexibility in the Common Core aligned testing.

What does all of this mean in practical terms?

What does it mean, for example, that teachers say that they like some (or even all) aspects of Common Core, as some verifiably do?

Short term, it’s fine and good.

But long term, it means nothing. It’s utterly meaningless. It’s like discussing the arrangement of sun chairs on the deck of the Titanic. Why spend time talking about something not likely to remain in place, something beyond our control –and all because we chose to jump onboard?

We locals can’t control, influence, or improve on the common standards and tests. It is out of our hands.

Our state school boards and governors most likely did not realize it at the time, yet they sold our state educational birthright when they adopted Common Core. They sold our data privacy birthright when they adopted federally articulated and funded State Longitudinal Database Systems.

We are not now in our Consitutionally correct place of sitting in the driver’s seat. We the People must wake up and stop Common Core.

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Read the whole report by the Laconia Sun on Alton’s rejection of Common Core here.