
Pray that our politicians and superintendents are interested enough, and honest enough, to see through the Department of Ed, and kick to the curb its lies and false reassignments of authority that hurt our children and our Constitutional power.
Jakell Sullivan, a beautiful Utah mom who happens to be one of the most dedicated researchers on education reform and data privacy breaches that I know, has pointed out that this week, U.S. Secretary of Education Duncan posted a “final rule” on the No Child Left Behind reauthorization.
(Thank you, Jakell.)
The final rule will move us from the “phasing out” phase to the “no more state authority at all” phase of the federalization of state education over “disadvantaged” children, which is defined ever more loosely, and can almost mean “any child”.
Some may dismiss this “final rule” from Secretary Duncan as not affecting them, as only harming those who have a handicapped or otherwise disadvantaged child. But think twice. Because in the new, upside down, 2+2=5 world of Common Core, children who don’t score high on Common Core tests, may now be considered “disadvantaged”. I imagine that in the future, even children who opt out of testing may be labeled as disadvantaged by failing to achieve high scores on these tests. (To clarify: opting out of testing is still a great choice, and still should be thoughtfully considered by every parent. Utah State Superintendent Smith recently said: “The most important legal policy…. by constitution, and by what I consider to be natural rights, parents have the right to opt out of anything! They don’t need permission. They don’t need to fill out a form. They don’t need to seek someone else’s response.”)
Because so many children showed awful performance on the rammed-down-our-throats, ready or not, Common Core assessments, many children are labeled as low scorers, or as “special needs”. But for those children who actually are “special needs” and did not take the test, because there was an alternate test, those happy days are over. The Dept. of Ed mandates that now, even handicapped people, take the same test. No mercy, no wiggle room, no local judgment by caring professionals or parents. (Except for the option to opt out.)
The final rule summary from Secretary Duncan is found here (and the Dept. invites comments). It says:
The Secretary amends the regulations governing title I… (ESEA) … to no longer authorize a State to define modified academic achievement standards and develop alternate assessments… effective September 21, 2015.
Less than a year ago, Secretary Duncan told us he was aiming to “phase out state authority” over these special needs assessments. At that time, we still had time to fight this. At that time, there was still a chance that Congress would refuse to reauthorize No Child Left Behind (aka ESEA). Now, children have been taking (and generally bombing) Common Core tests. Meanwhile, Congress gave Duncan the power he craved when it passed ESEA’s reauthorization –and other education bills that shouldn’t have passed– this summer.
Jakell Sullivan said, “Parents, be warned. Most kids will soon fall into the “disadvantaged” category because it now means not meeting Common Core benchmarks. This is how they’ll make most schools Title 1 schools–federalization complete.”
She explained that this will affect all states (both the states that did and states that didn’t offer alternative assessments for special needs students) because, “The assessments for “disadvantaged” children will now be Common Core assessments… whether it’s the federalized NAEP, or something else the Feds require… and the formative online assessments will also be required to help teachers change their instruction practices to “help” these children.”
Another Utah mom, Morgan Olsen, speaking to the fact that these electronic assessments are a main source of psychological and academic data mining about individual students, said: “I find this particularly concerning because all data collected by schools is legally classified as education data and doesn’t have the same protections as health data collected by a private doctor. And because the USOE discussed using the State Data System to collect and store this type of information in its guidance counselor’s guide a few years back.” (Links added).
To summarize the reason for this “final ruling,” Sullivan said:
“Think about it like this: it sets the framework for all the schools to be turned into Arne’s much-desired community centers. The Feds already have the full-service community center bill in Congress, SB1787. This regulation change helps them force more schools quickly into transformation phase once that [bill S1787] passes (or even if it doesn’t). [Links added.]
She said:
“Think of the federal objectives this way:
“1. Get every child into federalized assessments (no State can determine an alternate path now)
2. Liberalize what it means to be “disadvantaged”,( ie; they’ll make it so anything they want can meet their disadvantaged criteria, and schools will fall for the federal money)
3. Hold teachers and schools accountable to “make” every child college-and-career ready, (ie; “meeting 21st Century Skills”)
4. When teachers and schools fail, require teacher instructional changes and require that the school becomes a full-service community center with wrap-around services for mental health, medical, etc.”
Utah, we need to stop holding hands with the Department of Education and recognize it as an enemy– an enemy to autonomy, to parental control, to teacher judgment, to the U.S. Constitution’s protections, to individual privacy, and to true education.
Please, if you are reading this, call someone. Write something. Email or tweet or get an appointment with your Governor or your State Superintendent. Small ripples can cross large bodies of water.
Sometimes we “Nice” people must shake off our Hobbit-like niceness to detect and expose real and dangerous lies, worrying less about whether we may be perceived as “Nice” and more about how fast the power to direct the lives of our own children is being robbed by the thieves and enemies of Constitutional freedom.
I am standing here, calling the U.S. Department of Education a granddaddy of lies and unconstitutional actions.
That they are lies is indisputable. Check the links. Read your U.S. Constitution.

A SHORT LIST OF (RECENT) LIES FROM THE U.S. DEPT OF EDUCATION– BASED ON DUNCAN’S “FINAL RULE” FROM ESEA REAUTHORIZATION AND ON S1787, A BILL NOW SITTING IN CONGRESS:
–That federalizing education (“phasing out the authority of states”)– so that states will lack authority to define who is and who isn’t “special needs” or disadvantaged– is good, and is constitutionally legitimate;
–That states have lost their constitutional authority to give alternative tests to special needs children;
–That Duncan, making a state-and-school-authority-robbing “final rule,” is a constitutionally legitimate act, in harmony with common sense and parental/voter will.
–That S1787’s shifting of the center of a child’s universe away from home/church, toward government school as its center, is a legitimate goal and activity for the federal or state government;
—That forcing physically and mentally handicapped children to conform to the same curriculum and testing is a good plan;
—That even genius children and even mentally handicapped children will benefit when the same curriculum is mandated for all; as when the White House writes: “Including students with disabilities in more accessible general assessments aligned to college- and career-ready standards promotes high expectations for students with disabilities, ensures that they will have access to grade-level content, and supports high-quality instruction designed to enable students with disabilities to be involved in, and make progress in, the general education curriculum—that is, the same curriculum as for nondisabled students.”
These are a few lies. There are more.
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Did you miss the last Senate Education Committee Meeting for the state of Utah?
Anyone can subscribe, free, to a report of the meeting’s minutes. I do.
—After I rant and rave about what the heck they’re doing at the Utah State Capitol I’ll paste the official meeting minutes, below.
First:

1. Senator Aaron Osmond disclosed that he now works for Certiport/Pearson. If any of you know anything about Common Core and Pearson, or the CEA of Pearson, Sir Michael Barber, your spidey senses could be ringing. (For more, see https://whatiscommoncore.wordpress.com/2012/10/04/sir-michael-barber-leads-common-cores-deliverology-via-edi-and-pearson/ )
This Pearson sales employment could appear to be potential conflict for Senator Osmond; he is the Chair of the Senate Education Committee, while he is also a salesman for the company that has already set up major contracts with the Utah State Office of Education. But Osmond stated that he has recused himself from negotiating or influencing contracts in Utah and has recused himself from any interim committee votes or decisions relating to the Common Core or any topic that would benefit his employer. Osmond’s employer provides software to test and certify students in software applications.

Pearson Publishing develops curriculum and training for Common Core. For Utahns like me who hope and pray for a statewide repeal of Common Core, this is not pretty.
Pearson has a dramatically pro-Common Core marketing angle; so, this sales position of the Chair of the Senate Education Committee calls into question whether Osmond can be fair and detached in the heated pro- and anti- Common Core arguments that are happening in Utah. What do you think?
– – – – – – – – – –

2. Next issue: it was announced that the “Utah State Office of Education has instructional materials that may be used for parent education on health and human sexuality.“
Say what?
Has anyone else detected a “de-parenting” attitude coming from the state (and federal) leaders? It really bothers me.
Perfect example of that here: Utah bureaucrats feel the need to educate parents about sex and how to explain sex to their children? Why? Parents can’t be trusted? They depend on the Utah State Office of Education? And in the nick of time, USOE swoops in to save the day from bumbling fools? Left to our own devices, we parents would not teach our own children where babies come from? What is the USOE thinking?
It reminds me of Reagan’s line: “The nine most terrifying words in the English language are: ‘I’m from the government and I’m here to help.’ “
– – – – – – – – –
U.S. Education Secretary Arne Duncan
3. Next issue:
Brenda Hales and Ms. Shumway discussed how to fund Career and Technical Education (CTE). I don’t like CTE, Career Academies, SLDS systems, P-20 tracking, or any of the pushy ways in which government tells kids who to be –and who they’ll never be.
President Obama and Arne Duncan have huge plans to make CTE take center stage in an effort to control individual choices as early as possible in each citizen’s life. And Brenda Hales and Ms. Shumway, apparently, couldn’t agree more. (To see Sec. Duncan’s white house speech and what CTE and Career Academies are about, see: https://whatiscommoncore.wordpress.com/2012/11/01/obamas-career-tracking-and-education-reforms-so-much-more-than-common-core/ )

– – – – – – – – –

4. Next point: Brenda Hales also discussed Civic and Character Education. Double sigh.
If you’ve ever see her leading a state school board breakout meeting, you’ll hear the chattiest, bubbliest, won’t-let-others-get-a-word-in, but least sinister-seeming person, of the entire USOE. She’s nice, okay? Brenda comes across as very, very nice.
But “nice” is not enough. We need “valiant”.
Brenda said that she is “the most apolitical creature you will ever meet.”
a·po·lit·i·cal
(
p
-l
t
-k
l) adj.
1. Having no interest in or association with politics.
2. Having no political relevance or importance
I don’t know if Ms. Hales meant to categorize herself in the first or the second definition of “apolitical.” If she meant she has no interest in politics, that’s not good; we need politically valiant people leading our educational system not naiive leaders who swallow whatever the propaganda ministers (Secretary Duncan) cook up.
But if Brenda Hales meant the second definition, “having no political relevance or importance,” then she is a stranger to the truth. Nice or not!
Her own published, written assertions about Common Core are extremely political. http://utahpubliceducation.org/2012/07/10/utahs-core-standards-assessments-and-privacy-regulations/, She agrees with Obama about the supposedly improved quality of Common Core standards/curriculum and makes assertions I don’t believe, that student private data are being protected (study Utah’s IT director John Brandt, SLDS, P-20 to see why it’s not believable) and –she still says Common Core’s not under federal control and that Utah’s autonomy under Common Core is unharmed. If her claims were true, I could sleep better at night. But they aren’t correct, and part of the proof of that pudding is the fact that even though I (and others) have asked her to provide references for her claims, she never responds to that vital request. Why? If her claims are true, why won’t she reference them?
Here’s my rebuttal and her unreferenced assertion which she never did respond to, even though I asked her to, SO many times: http://www.utahnsagainstcommoncore.com/christel-swasey-responds-to-brenda-hales/
But I see now that again, I got way off topic.
Brenda Hales. Civic and Character Education. Sounds good?
According to Stanford University’s Encyclopedia of Philosophy, the difference between character education and character indoctrination is:
“Indoctrination is a form of socializing persons… to hold the“right” values. Education, on the other hand, implies some critical distance from the topics so that persons can reflect on different aspects of and on alternatives to what’s presented.”
Which will our students be receiving? The type that allows freedom to determine what is right individually, or the one that shoves an agenda down the student’s throat?
The good or bad effect of “civic and character education” depends on who gets to call the shots. Who gets to determine what will be taught? Parents? Doubtful.
If the philosophies of President Obama and Secretary Duncan lead the charge, as they have been in Utah educational circles, you know what we’ll see.
Students will be molded to hold the “right” values as defined by those “progressing” society toward collectivism and socialism, far away from the Constitution and far away from Judeo-Christian tradition.
How I wish the schools would quit going out on socialist limbs and would just teach. Teach time-tested, old-fashioned math, teach writing, teach classic literature– yes, actual academics! Leave the indoctrination to the churches and the families. (And while you’re at it, since you’ll have more time once you quit taking over the responsibilities of parents and churches, why not shorten the school day?! I miss my high school student. I want more time to teach her values and skills I know and believe in, and I don’t believe it takes thirty-five hours a week, twelve years consecutively, to prepare a human being for college.)
– – – – – – – – –
I’m finished with my commentary; below are the official minutes.
Enjoy:

MINUTES OF THE
EDUCATION INTERIM COMMITTEE
Wednesday, October 17, 2012 – 2:00 p.m. – Room 30 House Building
Members Present:
Sen. Howard A. Stephenson, Senate Chair
Rep. Francis D. Gibson, House Chair
Sen. Lyle W. Hillyard
Sen. Karen W. Morgan
Sen. Wayne L. Niederhauser
Sen. Aaron Osmond
Sen. Jerry W. Stevenson
Sen. Daniel W. Thatcher
Rep. Johnny Anderson
Rep. Patrice M. Arent
Rep. LaVar Christensen
Rep. Steven Eliason
Rep. Gregory H. Hughes
Rep. John G. Mathis
Rep. Kay L. McIff
Rep. Carol Spackman Moss
Rep. Merlynn T. Newbold
Rep. Jim Nielson
Rep. Val L. Peterson
Rep. Marie H. Poulson
Rep. Kenneth W. Sumsion
Members Absent:
Rep. Bill Wright
Staff Present:
Ms. Allison M. Nicholson, Policy Analyst
Ms. Constance C. Steffen, Policy Analyst
Ms. Angela Oakes Stallings, Associate General Counsel
Ms. Debra Hale, Legislative Secretary
Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at www.le.utah.gov.
1. Committee Business
Chair Gibson called the meeting to order at 2:26 p.m.
Sen. Osmond took a point of personal privilege and stated that, because of his role as Chair of the Senate Education Committee and to ensure complete transparency in his public service, he would like to verbally disclose potential conflicts due to a recent job change. He described his recent job change as Vice President of Sales for Certiport, Inc., a company that provides software to test and certify students in popular software applications. He stated that he has recused himself from negotiating or influencing contracts in Utah. He noted that Certiport was acquired in May 2012 by Pearson Publishing, which owns Pearson Education, a company that is developing curriculum for the Common Core standards.
Sen. Osmond noted that he has reviewed these potential conflicts with Senate leadership, who concluded that no change in committee assignment is necessary at this time. Sen. Osmond stated that he has also recused himself from any interim committee votes or decisions relating to the Common Core or any topic that would benefit his employer or its related companies.
MOTION: Sen. Hillyard moved to approve the minutes of the September 19, 2012, meeting. The motion passed unanimously. Sen. Stevenson, Rep. Hughes, Rep. Newbold, Rep. Peterson, and Rep. Sumsion were absent for the vote.
2. Consider Draft Legislation “Parental Responsibility for Sex Education Training”
Sen. Stuart
Reid discussed draft legislation “Parental Responsibility for Sex Education Training” (2013FL-0007/010), which requires the Utah State Board of Education to offer training and instructional resources to parents to assist them in providing instruction in health and human sexuality to their children.
Dr. Martell Menlove, Deputy Superintendent, Utah State Office of Education (USOE), noted that the USOE has instructional materials that may be used for parent education on health and human sexuality.
3. Consider Draft Legislation “Voted and Board Levy Program Amendments”
Ms. Steffen distributed the most recent version of draft legislation “Voted and Board Levy Program Amendments” (2013FL-0315/006).
Rep. Stephen Handy discussed draft legislation “Voted and Board Levy Program Amendments,” which requires the full amount of the state contribution appropriated for the Voted and Board Levy Programs to be distributed each year. He distributed a handout, “Voted & Board Leeway Program Amendments,” which contains a chart and a table that show the effect of fully distributing the state contribution appropriated for the Voted and Board Levy Programs. Rep. Handy stated that, in FY 2012, the value of the state guarantee for the Voted and Board Levy Programs would have increased by $1.78 per weighted pupil unit, and three more school districts would have qualified for the state guarantee.
Mr. Bruce Williams, Associate Superintendent, Utah State Office of Education, noted there may be a timing problem with one aspect of the bill. School district tax collections are not finalized until May, so the information needed to adjust the state guarantee for the next fiscal year would not be available for the 2013 General Session.
Dr. Menlove stated that the bill is supported by several districts.
Chair Gibson turned the chair to Sen. Stephenson.
4. School Performance Report
Dr. Menlove and Dr. Judy Park, Associate Superintendent, Utah State Office of Education, discussed plans for complying with statutory requirements pertaining to school performance reports. Dr. Park distributed a chart, “School Performance Report Data Reported for the 2010-11 School Year,” which indicates data that will be reported in 2012 school performance reports and data that is not available. She also distributed a chart, “School Performance Report – Components – Annual Filing,” which addresses the process for creating and delivering school performance reports, as well as a document containing suggested amendments to Utah Code Section 53A-3-602.5. Dr. Park also showed an example of a school performance report on the USOE website.
Chair Stephenson invited members of the committee to work with the USOE and committee staff in drafting legislation pertaining to school performance reports for consideration at the committee’s November meeting.
MOTION: Sen. Osmond moved to open a committee bill file regarding school performance reports. The motion passed unanimously.
5. Elimination or Modification of Reports Required by Local Education Agencies
Dr. Menlove reviewed “USOE Report on H.B. 500 – Education Reporting Efficiency Amendments,” distributed in the mailing packet, which describes reports school districts and charter schools are required to make. He noted that most reports are required by federal law or state statute and asserted that many of the reports are burdensome for smaller districts and charter schools.
In responding to committee comments and questions, Dr. Menlove assured committee members that they will be invited to join him on visits to Utah schools.
6. Career and Technology Education Funding Model
Ms. Brenda Hales, Associate Superintendent, Utah State Office of Education, assisted Ms. Mary Shumway, Director, Career, Technical, and Adult Education, Utah State Office of Education, as they distributed and reviewed a report, “Student and Course Based Funding for Career and Technical Education” (CTE), which included funding formulas for CTE. They discussed a method of funding CTE courses based on a weighting of job demand, wages, and skill level. Ms. Shumway noted that other factors may be appropriate and requested feedback from the Legislature.
7. Reports
A.Civic and Character Education
Rep. Christensen, Mr. Robert Austin, Education Specialist, Utah State Office of Education, and Ms. Hales reviewed the requirements of Utah Code Section 53A-13-109, which provides for civic and character education. Ms. Hales discussed some of the projects in which schools are engaged.
B.Financial and Economic Literacy
Ms. Hales reviewed Utah Code Sections 53A-13-103 and 53A-13-110, which address financial and economic literacy education.
C.New Century and Regents’ Scholarship Programs
Mr. David L. Buhler, Commissioner of Higher Education, due to a time restraint, referred the committee to the “New Century and Regents’ Scholarship Annual Report,” which was included in the mailing packet.
8. Other Items/Adjourn
Chair Stephenson adjourned the meeting at 5:48 p.m.
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- There are a ton of open governmental meetings that people don’t really know about, and thus few attend them.
- Here’s one: November 13th at 12:30 you– all of you– all of us, are invited to an open committee meeting at the Utah Senate Building, Olmstead room. The Federalism Subcommittee will be discussing whatever’s on their agenda. I’ve politely requested that Common Core will be.
- Because there is such a thing as a legislative Federalism Subcommittee for Utah, (who knew?) and because its purpose it is to make sure the feds don’t step on the state’s toes and/or siphon off our sovereignty under the Constitution, I wrote to them today to ask them to study Common Core a little bit more closely.
- I wrote:
Dear Representative Noel, Senator Niederhauser, Representative King, Lt. Governor Greg Bell, Dep. Attorney General Swallow and Senator Romero,
I’m writing to ask you, as members of the Federalism Subcommittee council, to place a federal action for evaluation on the state agenda for the upcoming meeting November 13, 2012 at 12:30 p.m. to be held in the Olmstead Room in the Utah Senate Building.
“In accordance with Section 63C-4-107, the Federalism Subcommittee shall evaluate a federal law submitted to the Federalism Subcommittee by a council member.” Utah Code Ann. §63C-4-106(2).
There is a lot of solid research available about Common Core, its origins, authors, copyright, nonamendability, unpiloted and unverified claims, and the ways in which the Obama Administration has hijacked it, an initiative that started as a state-led initiative, but has become a federally-pushed agenda tied to the No Child Left Behind waivers and also tied to the State Longitudinal Database System, the P-20 tracking system, and ultimately, now appears to be becoming a form of federal citizen surveillance –under the guise of educational research and reforms.
No fight deserves our attention more than the fight against nationalized education via Common Core.
Our state’s top lawyers at the Utah State Office of Education have not probed this issue, and have not even analyzed it as an issue of federalism. We have not even had a hearing (even teachers are being turned away by the USOE who want to speak out on this subject) because Common Core has become so controversial and so hotly defended by those who introduced it to our state.
I am happy to share the research that national thinktanks, elite institutes, and even my Utah friends and I have found, including the Dept. of Education’s current lawsuit (led by the Electronic Privacy Information Center) due to Dept. of Ed FERPA overstep; the Dept. of Education’s Cooperative Agreement which micromanages education against G.E.P.A. law and against the provisions of the U.S. Constitution; including the “data mashing” programs of Utah’s John Brandt and the federal chief of staff, Joanne Weiss; and emails from the USOE that confirm the end of student privacy has come due to this network of “education reforms” that are radically transforming our state’s educational system without a vote and without public knowledge.
I will be out of state on November 13th, but as it is an open meeting, and as there are thousands of Utahns who feel as I do and who have signed a petition against Common Core at http://Utahnsagainstcommoncore.com I feel sure you will be well supported as you evaluate this initiative and its implications for state sovereignty.
Thank you for your consideration.
Christel Swasey
Heber City
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