The following letter is reposted with permission from Libertas Institute, a Utah-based conservative think-tank. It was given to members of the Utah legislature two weeks ago.
Each SLDS runs according to federal specs and is interoperable. Thus, the fifty SLDS systems function together as a “de facto” federal stalking system on children, college students, and the members of the U.S. workforce. Every state’s “voluntary” SLDS feeds its data about citizens to the federal EdFacts data exchange.
Libertas Institute points out that SLDS was created and is being used without voter approval or representation; there was no legislative knowledge or debate, and there has been no effort to promote parental knowledge or to acquire parental/student consent for this massive, lifelong data mining project.
Action step: after you read this letter, please contact your legislators (here is contact info for Utah legislators, the governor and D.C. legislators) to put them on the task of creating, at the very least, an immediate, definite, parental-opt-out bill.
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September 28, 2015
To: Members of the Administrative Rules Review Committee
Senators and Representatives,
The Utah State Office of Education (USOE) will be in your meeting tomorrow, among other
things, to explain the Statewide Longitudinal Data System (SLDS)—a large database that
stores a lengthy list of data points on each child in Utah’s public schools. We are concerned
with how this database was set up and how it’s being used; as we are unable to attend the
meeting, we wish to briefly outline key concerns for your consideration.
We allege that USOE created, and now operates, this database without any legislative
authorization or oversight. Further, the federal funding USOE has obtained in order to build
and operate the database has required them to make certain policy commitments, as you’ll
see below, that exceed their authority and circumvented any public discussion on the matter.
This letter outlines three actions of which you should be aware:
1. The “Four Assurances” promised by Governor Huntsman
2. A grant received by USOE to build the federally compliant SLDS
3. The 2015 grant announced just last week to further develop and utilize the SLDS
The “Four Assurances” promised by Governor Huntsman
On April 15, 2009, Governor Jon Huntsman signed an Application for Initial Funding under
the State Fiscal Stabilization Fund Program, submitted to the U.S. Department of Education.
The purpose of this application was to obtain federal “stimulus” dollars; here is the
explanation from the U.S. Department of Education (USDOE):
The State Fiscal Stabilization Fund (SFSF) program is a new one-time appropriation of $53.6 billion under the American Recovery and Reinvestment Act of 2009 (ARRA). Of the amount appropriated, the U. S. Department of Education will award governors approximately $48.6 billion by formula under the SFSF program in exchange for a commitment to advance essential education reforms…
Without legislative authorization or guarantee, the Governor made four assurances to the
USDOE—a required step in order to receive any many. Those assurances were as follows:
1. The State of Utah will take actions to “improve teacher effectiveness” and “address
inequities in the distribution of highly qualified teachers between high- and low-poverty
schools”
2. The State of Utah will “establish a longitudinal data system”
3. The State will –
1. Enhance the quality of the academic assessments it administers…
2. Comply with the requirements… related to the inclusion of children with
disabilities and limited English proficient students in State assessments, the
development of valid and reliable assessments for those students, and the
provision of accommodations that enable their participation in State assessments;
(Inclusion Assurance) and
3. Take steps to improve State academic content standards and student academic
achievement standards consistent with section 6401(e)(1)(A)(ii) of the America
COMPETES Act. (Improving Standards Assurance)
4. The State will ensure compliance with the requirements of section 1116(b)(7)(C)(iv) and
section 1116(b)(8)(B) of the ESEA with respect to schools identified under these sections.
(Supporting Struggling Schools Assurance)
Thus, without any legislation to back it up, the federal government was promised significant
policy reforms in the state: common education standards (“Common Core”), new
assessments, teacher evaluations, school grading, and a comprehensive data collection system.
All of this was done in pursuit of money; less than a year later, U.S. Secretary of Education
Arne Duncan announced that Utah had been showered with $741,979,396 through the
American Recovery and Reinvestment Act.
Utah lawmakers—and thus the public at large—were left out of the loop.
A grant received by USOE to build the federally compliant SLDS
1.THE TESTS HAVE NEVER BEEN VALIDATED. It is out of the norm for tests to be given to children that never have been validated in a formal, scientific, peer-reviewed way. Professor Tienken of Seton Hall University calls this “dataless decision making“. What does it mean to a mom or dad to hear that no validity report has ever been issued for the SAGE/Common Core tests? It means that the test is as likely to harm as to help any child.
We would not give our children unpiloted, experimental medicine; why would we give them unpiloted, experimental education? –And, did you know that Florida bought/rented the SAGE test from Utah, and now Florida points to Utah students as its guinea pigs? Where was Utah’s parental consent? Is it okay that the youngest, most helpless citizens are compulsory research subjects without the knowledge or consent of their parents?
2. THE STANDARDS (upon which the test is based) HAVE NEVER BEEN VALIDATED. Building a test on the sandy foundation of unvalidated standards –hoping but not having actual evidence on which to base that hope– that the standards are unquestionably legitimate, means that not only the test but the teaching that leads up to it, is experimental, not time-tested. The SAGE evaluates teachers and even grades schools (and will close them) based on test scores from this flawed-upon-flawed (not to mention unrepresentative/unconstitutional) system. Dr. Tienken reminds us that that making policy decisions in this baseless way is “educational malpractice.”
4. THE TESTS ARE SECRETIVE. Parents and teachers may not see test questions, not even years after the test is over. Last year’s leaked screen shots of the test, taken by a student with her cell phone to show her mother, revealed an unpleasing agenda that asked students to question the value of reading (versus playing video games). The student who took the photos was told that she was a cheater, was threatened with expulsion; and the teacher who didn’t notice (or stop) the cell phone photography was threatened with job loss. Members of Utah’s 15-parent SAGE review committee have expressed grave concerns about the quality and content of SAGE, citing “grammar, typos, content, wrong answers, glitches, etc.,” but were never shown whether corrections were made to SAGE, prior to its hasty rollout.
5. TEST ITEM CREATION IS QUESTIONABLE. SAGE questions were written by two groups: a few hand picked Utah educators, and the psychometricians at the testing company, American Institutes for Research (AIR) which is not an academic organization but a behavioral research group. We don’t know why psychometricians were entrusted to write math and English questions. And we don’t know what the percentages are– how many SAGE questions come from educators, and how many from AIR’s psychometricians?
6.THE TEST DISREGARDS ETHICS CODES FOR BEHAVIORAL RESEARCH TESTING. As Dr. Gary Thompson has pointed out, behavioral tests are normally governed by strict codes of ethics and test-giving psychologists lose their licenses to practice if they veer from the codes of ethics.
The Utah State Office of Education claims tests do not collect psychological information, but it seems unreasonable to believe the claim.
Consider:
“Behavioral Indicators” is a phrase that’s been in Utah laws concerning student testing for years. It’s old news. Happily, last month, Sen. Aaron Osmond wrote a bill to remove that language. (Thank you, Senator Osmond.) Time will tell if the new law is respected or enforced.
“Psychometric census” of Utah students was part of the agreement Utah made with the federal government when it applied for and received a grant to build a longitudinal database to federal specifications, (including federal and international interoperability specifications.) Utah promised in that grant contract to use its Student Strengths Inventory to collect noncognitive data.
The test company, AIR, is a behavioral research company that creates behavioral assessments as its primary mission and focus.
U.S. Dept of Education reports such as “Promoting Grit, Tenacity and Perserverance” promote collection of students’ psychological and belief-based data via tests, encouraging schools to use biometric data collection devices. I have not seen any of these devices being used in Utah schools, but neither have I seen any evidence that the legislature or our State School Board stand opposed to the Dept. of Education’s report or the advice it gives.
The NCES, a federal agency, has a National Data Collection Model which it invites states to follow. Since Utah has no proper legal privacy protections in place, there is nothing stopping us from accepting the invitation to comply with the Model’s suggestions, which include hundreds of data points including intimate and even belief-based points: religious affiliation, nickname, voting status, bus stop times, birthdate, nonschool activities, etc.
7. UTAH’S NEW SCHOOL TURNAROUND LAW WILL SHUT DOWN SCHOOLS OR TAKE THEM OVER –USING SAGE AS JUSTIFICATION. The bell curve of school-grading uses SAGE as its school-measuring stick; when a certain number of schools (regardless of quality) are inevitably labeled “failing” because of their position on that bell curve, they will be turned over to the state, turned into a charter school, or closed. These events will alter lives, because of Utah’s belief in and reliance on the illegitimate SAGE test scores.
8.SAGE TESTS ARE GIVEN ALL YEAR LONG. These are not just end-of-year tests anymore. SAGE tests are summative, formative, interim, and practice (assignment based) tests. The summative (ending) test is given so early in the year that content has not been taught yet. But it gets tested anyway, and teachers/students/schools get negatively judged, anyway.
9. OPTING OUT IS ONE WAY TO PROTEST DATA MINING AND TO MINIMIZE IT. The State Longitudinal Database System (SLDS) collects daily data on every school child without ever asking for parental consent. SLDS collects much more than test-gathered data. The government of Utah will not allow an SLDS opt out. And since SLDS does not have an opt out provision (while SAGE does) it makes sense to minimize the amount of data mining that’s being done on your child by not taking these tests.
10.OPTING OUT OF SAGE FIGHTS EDUCATION WITHOUT REPRESENTATION. The lack of transparency, of fairness, of any shared amendment process or true representation under Common Core and its testing system defies “consent of the governed,” a principle we learned in the Declaration of Independence. “It is the right [and responsibility] of the people to alter or abolish” governments [or educational programs] destructive of life, liberty or the pursuit of happiness –or those that govern without the knowledge of, or consent of, the governed.
I believe that parents now have the right and responsibility to abolish SAGE testing, by refusing to participate.
If you haven’t yet realized that the Utah State Office of Education acts as an unaccountable bully to both the State School Board and to parents/teachers/legislators, please watch this; it is yet more reason to not allow your child to take the SAGE/AIR test, which is a science test as well as English and math:
Beware of Stealth Assessment as SAGE replacement
Please beware, however: The testing opt out movement has grown so huge (outside Utah) that some Utah legislators have decided to hop on the anti-testing bandwagon with an eye toward replacing SAGE with something from which public school parents can never, ever opt out (unless they home school or use private school). That’s called embedded testing, or stealth assessment.
Opt out of SAGE this year; fight Stealth Assessment next year.
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National News Update on Test Opt-Out Movement
provided by Fairtest.org
We’ve pulled together this special edition of our usually-weekly newsclips because of three huge stories that broke in the past several days.
– In New York, more than 173,000 students opted out of the first wave of state testing, at least tripling last year’s boycott level.
– In five states (Colorado, Minnesota, Montana, Nevada and North Dakota) computerized Common Core testing systems collapsed in a replay of the widespread technical problems which plagued Florida exams earlier this spring.
Both major developments further undermine the credibility of judgements about students, teachers and schools made on the basis of standardized exam results.
— And, in Washington DC, the U.S. Senate education committee responded to grassroots pressure for assessment reform by endorsing an overhaul of “No Child Left Behind,” which eliminates most federal sanctions for test scores. The bill does not go far enough to reversing test misuse and overuse, but it is a step in the right direction
Remember that these updates are posted online at: http://fairtest.org/news/other for your reference and for use in Facebook posts, Tweets, weblinks, etc.
COMMON CORE 