Throwing Down The Gauntlet At The Delaware DOE and Governor Markell

Below is an email chain I had with the DOE today.  This was all based on a reblog from another blogger’s post about the achievement level settings for the Smarter Balanced Assessment.  A commenter was questioning this and actually emailed the DOE, who provided answers to her without objection.  But when I emailed them for further clarification on the issues, that’s when things took their usual turn for the worse…


From: Kevin Ohlandt [mailto:kevino3670@yahoo.com]
Sent: Thursday, October 08, 2015 12:06 PM
To: Schwinn Penny; Reyna Ryan; Godowsky Steven; Haberstroh Susan Keene; Blowman David
Cc: Kevin Ohlandt; May Alison
Subject: Smarter Balanced Achievement Level Setting

Good morning,
I would like to see a list of the individuals from Delaware who participated in the Smarter Balanced Achievement Level Setting.  This would include both the In-Person Panel and the Cross-Grade Review Committee.  As well, I would like to know who from Delaware represented the final achievement level settings, which higher education leaders participated in the 11th grade achievement level setting, and anyone from Delaware who served on SBAC’s Technical Advisory Committee and if anyone from Delaware participated in the audit process for this. 

From: May Alison <alison.may@doe.k12.de.us>
To: Kevin Ohlandt <kevino3670@yahoo.com>; Schwinn Penny <Penny.Schwinn@doe.k12.de.us>; Reyna Ryan <Ryan.Reyna@doe.k12.de.us>; Godowsky Steven <Steven.Godowsky@doe.k12.de.us>; Haberstroh Susan Keene <susan.haberstroh@doe.k12.de.us>; Blowman David <david.blowman@DOE.K12.DE.US>
Sent: Thursday, October 8, 2015 1:37 PM
Subject: RE: Smarter Balanced Achievement Level Setting

Kevin,
Just confirming I have received your FOIA request. I will be back in touch when your response is compiled.


From: Kevin Ohlandt <kevino3670@yahoo.com>
Sent: Thursday, October 8, 2015 5:21 PM
To: May, Alison (K12); Schwinn, Penny (K12); Reyna, Ryan (K12); Godowsky, Steven (K12); Haberstroh, Susan (K12); Blowman, David (K12)
Cc: Markell, Jack (Governor); Denn, Matthew (DOJ); Williams, Kimberly (LegHall); Kowalko, John (LegHall); Matthews, Sean (LegHall); sean.lynn@de.us; Pettyjohn, Brian (LegHall); Matthew Albright; Baumbach, Paul (LegHall); Townsend, Bryan (LegHall); Terri Hodges; Avi Wolfman-Arent; Rick Jensen; Kilroy’s Delaware; Kavips World Press Blog; John Young; Lindell, Matt (K12); Nancy Willing; Eve Buckley; Pandora DeLib; Schwartzkopf, Peter (LegHall); Blevins, Patricia (LegHall); Lawson, Dave (LegHall); Furlong Tim (NBCUniversal); David Paulk; frederika.jenner@dsea.org; Jaques, Jr, Earl (LegHall); Sokola, David (LegHall); Paradee, Trey (LegHall); O’Mara, Lindsay (Governor); Gray, Teri (K12)
Subject: Re: Smarter Balanced Achievement Level Setting

Alison,
This is not a FOIA request.  This is a question.  Does every question have to be treated as a FOIA?  Because we all know how successful that endeavor is.  If I want to file a FOIA request, I’m sure you know by now that I am well aware of how to do that.  What ever happened to transparency?  This is a statewide assessment.  Why is there all this secrecy with this?  If this test is truly about the betterment of children, I would think it would all be publicly available.  But when DOE pulls stunts like this it makes all of us wonder.  What is this Department hiding?  Why would you not have the contracts with the testing vendor available for all to see?  That’s why people aren’t believing the DOE when it comes to this test.  You guys may have a select group of educators in your little web, but at the end of the day everyone sees this for what it is: a huge effort by hundreds of companies who are literally banking on kids doing bad on this test.  And they are making tons of money off it as well as several DOE employees who are making some very high salaries.
I don’t think anyone is fooled anymore.  You folks can pretend you live in a world where you don’t need to abide by the rules and the letter of the law or you can change regulation, but it is catching up with all of you and faster than you think.  You may think you have the Governor’s blessing on all of this, but there will come a day when all the secrets will be unveiled and anyone who was a part of this will be held accountable and I can guarantee the former Governor will not pull any of you out of the fire.  Protection can only go so far, but transparency always rules the day.  So I will posit this question to you: Will you give me ALL the information I have requested from the DOE in the past 15 months without it being some huge clandestine affair?
Dr. Godowsky, this is your chance to actually make a crucial change in this Department.  I know you answer to the Governor, but I challenge you to do the right thing.  And Governor Markell, if you truly believe sunshine is the right thing, than you should readily agree.  We all know I write a blog and I call out the DOE on an almost daily basis.  Someone needs to.  Someone needs to see what this Department is and expose them whenever they can.  But I wouldn’t be too concerned about what I do write, I would be very worried about what I haven’t written.  I know about the true intent of SB79 w/SS1, I know about the umbrella corporation that is actually incorporated in Delaware, I know about all the companies, and on a national level many of us are putting the pieces together.  Now it becomes a matter of who lets this information out: you or me.
I am growing tired of this cat and mouse game with the DOE.  I am running out of patience.  You can provide answers or I can find them out and just publish them.  I’m sure you know I will publish them when you provide them.  It’s just a question of who provides the information.  Either way, all will be revealed eventually.  In the meantime, I would really like an explanation of the attached picture and what the hell Delaware thinks they are doing sharing student data with other states.

From: “Kowalko, John (LegHall)” <John.Kowalko@state.de.us>
To: Kevin Ohlandt <kevino3670@yahoo.com>; “May, Alison (K12)” <alison.may@doe.k12.de.us>; “Schwinn, Penny (K12)” <penny.schwinn@doe.k12.de.us>; “Reyna, Ryan (K12)” <ryan.reyna@doe.k12.de.us>; “Godowsky, Steven (K12)” <steven.godowsky@doe.k12.de.us>; “Haberstroh, Susan (K12)” <susan.haberstroh@doe.k12.de.us>; “Blowman, David (K12)” <david.blowman@doe.k12.de.us>

Dear Ms. May,

I am formally requesting this same information as a sitting State Representative and I expect a reply to be forthcoming from you and your office without delay. FOIA is not to be used as an obstacle course to government transparency and such an attitude will only ensure disappointment for the public and fuel the ire of the duly elected officials. I anticipate a response and the information sought within the next business day or I will be forced to demand it as is my right and the right of all taxpayers,

Respectfully,

Representative John Kowalko (25th District)


And the cycle goes over on…

The Data Consortium That Allows Student Information To Be Shared With Hundreds Of Companies & Universities Globally

One picture. Nine cross-state collaborations. And a company that houses all of the big testing companies and many of the big education reform players as well as some unusual shockers. What in God’s name has the DOE done now? What the hell is “student interventions product, data tagging” and all this other nonsense? Now I can see why Delaware Senator David Sokola and Attorney General Matt Denn were in such a huge rush to get Senate Bill 79 passed. But the original legislation was not what passed. It was the SS1 amendment that was the true goal. Have to say I’m very disappointed Delaware seems to think it can share student data with whoever the hell they want.

And then there is this very disturbing document, taken from Colorado’s Statewide Longitudinal Data System Grant application for a potential award from the US Department of Education for this year:

12088161_1631093473798876_7639148365207500198_n

And what is this, in the July 2015 newsletter from the CCSSO website:

Privacy Workgroup

The privacy workgroup would like to welcome Pat Bush from Delaware as the newest CIO-lead for the group. He joins current CIO leads- Melinda Maddox from Alabama and Marcia Bohannon from Colorado. The leads are meeting this month to continue discussions around the development of a privacy toolkit for SEA leadership and will also identify priority areas for the workgroup to focus on during the new program year.  

For those who may not be familiar with CCSSO and SEA, CCSSO is the Council of Chief State School Officers and SEA stands for State Educational Agencies which in Delaware is the Department of Education. Why would the DOE need a privacy “toolkit”?

Back to Senate Bill 79 w/SS1.  This bill was rushed through the 148th General Assembly by Senator David Sokola under the hand of Delaware Attorney General Matt Denn.  Below is the lobbying activity on this one bill:

SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 8/11/2015 Robert L. Byrd Delaware Business Roundtable Education Committee, Inc.
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 7/6/2015 Cheryl Heiks Google
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 7/6/2015 Cheryl Heiks Google
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 7/2/2015 Melissa Hopkins Rodel Foundation of Delaware
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/22/2015 Rhett Ruggerio Delaware Charter School Network
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/22/2015 Jordan Seemans Delaware Charter School Network
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Kimberly B. Gomes Delaware Business Roundtable Education Committee, Inc.
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Kimberly B. Gomes Amazon
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Robert L. Byrd Amazon
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Rebecca Byrd Delaware Business Roundtable Education Committee, Inc.
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Rebecca Byrd Amazon
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Rebecca Byrd Amazon
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/17/2015 Ron Barnes Google Inc.
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/15/2015 Melissa Hopkins Rodel Foundation of Delaware
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/15/2015 Paul Herdman Rodel Foundation of Delaware
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/11/2015 Christopher V. DiPietro MICROSOFT CORPORATION
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/3/2015 Christopher V. DiPietro MICROSOFT CORPORATION
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/18/2015 Deborah Hamilton Google
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/12/2015 Scott Ward MICROSOFT CORPORATION
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/12/2015 Jeremy Kudon MICROSOFT CORPORATION
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Rebecca Byrd Delaware Business Roundtable Education Committee, Inc.
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Kimberly B. Gomes Delaware Business Roundtable Education Committee, Inc.
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Robert L. Byrd Verizon Delaware LLC
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Robert L. Byrd Delaware Business Roundtable Education Committee, Inc.
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Robert L. Byrd Amazon
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Kim Willson Delaware Charter School Network
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Rhett Ruggerio Delaware Charter School Network
SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 5/5/2015 Jordan Seemans Delaware Charter School Network
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 8/11/2015 Robert L. Byrd Delaware Business Roundtable Education Committee, Inc.
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 7/6/2015 Cheryl Heiks Google
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 7/2/2015 Melissa Hopkins Rodel Foundation of Delaware
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/22/2015 Rhett Ruggerio Delaware Charter School Network
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/22/2015 Jordan Seemans Delaware Charter School Network
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Kimberly B. Gomes Delaware Business Roundtable Education Committee, Inc.
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Kimberly B. Gomes Amazon
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Robert L. Byrd Amazon
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Rebecca Byrd Delaware Business Roundtable Education Committee, Inc.
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/19/2015 Rebecca Byrd Amazon
SS 1 FOR SB 79 (Sokola) AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL DATA GOVERNANCE. 6/11/2015 Christopher V. DiPietro MICROSOFT CORPORATION

To anyone who thinks Senator Sokola is trustworthy and is looking out for kids, think again.  But Attorney General Matt Denn’s involvement and the imperative rush to get this through…that’s a headscratcher.  Similar bills went through in other states, and nearly all of them had the same amendments added and the lobbyists swarmed in to make sure the following language was added, which is taken from the final legislation for Senate Bill 79:

(6) Nothing in this subsection prohibits an operator from using student data for any of the following:

a. Maintaining, delivering, supporting, evaluating, or diagnosing the operator’s Internet website, online or cloud computing service, online application, or mobile application.

b. Adaptive learning or customized student learning purposes.

(7) Nothing in this subsection prohibits an operator from using or sharing aggregate student data or de-identified student data for any of the following:

a. The development and improvement of the operator’s Internet website, online or cloud computing service, online application, or mobile application, or other educational Internet websites, online or cloud computing services, online applications, or mobile applications.

b. Within other Internet websites, online or cloud computing services, online applications, or mobile applications owned by the operator, and intended for school district, school, or student use, to evaluate and improve educational products or services intended for school district, school, or student use.

c. To demonstrate the effectiveness of the operator’s products or services, including their marketing.

When are Governor Markell and the Delaware DOE going to stop allowing all this data sharing?  Not anytime soon.  And don’t think this is just Delaware.  A company called IMS Global Learning Consortium has ALL the major players involved.  They are an umbrella company for data to be shared between all of these companies, with companies that do business with the Delaware DOE and two Delaware School Districts bolded for emphasis:

Contributing Members

Act, American Institutes for Research, Bill & Melinda Gates Foundation, Blackboard, California State University, Data Recognition Corporation, ETS, EduCause, Harvard Business Publishing, Houghton Mifflin Harcourt, IBM, Indian River School District, Intel, Learning.com, Lumen, McGraw Hill Education, Measured Progress, MediaCore, Microsoft, National Student Clearinghouse, Northwest Evaluation Association, Pacific Metrics Corporation, PARCC, Pearson, Public Consulting Group, Qualcomm Education Inc., Questar, Samsung, Schoology, Smarter Balanced Assessment Consortium and numerous other companies and universities in the United States and around the world.

Affiliates

ACE Learning, College Board, Google, Red Clay Consolidated School District, Scantron, Scholastic, SunGard K-12 Education (houses Delaware e-school and IEP Plus), WestEd and many more.

And then they have hundreds of Alliance Participants. You can see what all the members get for their dues to IMS.  Pretty extensive list.

When you are a member, you get shared access of the whole network.  And which school district does the DOE praise the most and just had an administrator from that district join the State Board of Education? Indian River. And what district will be the recipient of the Wilmington Christina School District students? Red Clay Consolidated.

This company that charges outlandish fees to belong to their network has all the major education players. American Institutes for Research is the vendor for the Smarter Balanced Assessment. Want to know what that means Delaware parents? That means YOUR child’s test results are most likely filtering through this network of companies and universities and school districts. All over the world.

And take a wild guess where they are incorporated?

Delaware parents: by letting your child take the Smarter Balanced Assessment, you are saying it is okay for all these entities around the country and the globe to see your child’s information. It’s okay for them to see the psychometric information American Institutes for Research uses as a result of these assessments. Yes, the Delaware Department of Education isn’t on there. But guess what, the Smarter Balanced Assessment Consortium and American Institutes for Research are. And so is their scoring vendor, Data Recognition Corporation. And if Delaware ever changes the state assessment, I’m sure one of the many other testing companies on this list will gladly put in a bid.  But you can change that.  Aside from the obvious misuse and abuse that comes from Smarter Balanced, we are now learning the data from it is the true goldmine. The only way to stop this is to refuse to have your child take this test. Opt your child out now. Unless, once again, you are okay with all this…

Delaware legislators, this is just yet another reason why you need to override Governor Markell’s veto of the opt-out legislation: House Bill 50. You don’t think the Governor knows about all of this data swapping? Of course he does!

While Delaware didn’t win an award for this year’s Statewide Longitudinal Data System grant, it is very interesting to see the requirements for this, which can be found here,especially Section V.

Are we human? Or are we data?

Christina Priority Schools: What Happens If Redistricting of Wilmington Schools Collapses?

Since last Winter, the fate of the three Christina School District Priority Schools has been in limbo.  While threats from the Delaware Department of Education and Governor Markell were thrown against the district if they did not comply with the Memorandum of Understanding, a last minute miracle seemed to rise in the form of the Wilmington Education Advisory Committee.  Their suggestion of taking the Christina schools currently in Wilmington and transferring them to Red Clay put a freeze on the Christina Priority Schools.  They are still priority schools, but the plans are not really moving forward as they are in the Red Clay Consolidated School District.

On Tuesday, at the Delaware Education Support System Advisory Council (DESS), Kristin Dwyer with the Delaware School Education Association (DSEA) posed a question to the Chief Officer of Accountability and Assessment at the Delaware DOE.  To paraphrase: What happens if the redistricting effort doesn’t go through?  Penny Schwinn said this is a question on many folks mind at the Delaware DOE.  She said the schools are eligible to receive funding this year, but did not go into details about what the terms of that “eligibility” is.  She said she felt uncomfortable giving a firm answer to this without the blessing of Interim Secretary of Education, Dr. Steven Godowsky.  But she did say this will be a topic of conversation between the two in the next couple weeks.

Dwyer indicated that the unique situation with the Christina Priority Schools does not match with the proposed language in Regulation 103 to which Schwinn nodded in agreement.  While the Wilmington Education Improvement Commission continues to have meeting after meeting, time is rapidly running out for them to come up with a firm plan that will have adequate funding and resources for this initiative.  There is a lot of talk, and some good ideas, but nothing is set in place at this point.  If the redistricting effort falls apart, I can foresee a scenario where the DOE and Markell go back to their status quo before the WEAC recommendations and begin the bullying tactics again.  In my opinion, Christina thwarted the DOE and Markell at their intimidation efforts and made the DOE and Markell look very bad in the process.  The whole process created a fire in teachers, parents, and communities in Wilmington and they do not trust the DOE as a result.