Kline Calls John King’s Regulations A Convoluted Scheme

The Chair of the House Education and the Workforce Committee just issued a press release on the regulations for the Every Student Succeeds Act.  He blasted U.S. Secretary of Education John King and said he needs to be stopped!  We can all agree on this one Rep. Kline!  But here’s the deal: these proposed regulations have been out since the end of May.  It is now the last day of August.  Coming out with press releases is good, but you need to have the entire Congress get together for an immediate hearing and strip King of his power.

FOR IMMEDIATE RELEASE CONTACT: Press Office
August 31, 2016 (202) 226-9440
Kline Statement on Education Department’s Unprecedented Regulatory Proposal
“The Department of Education is threatening to unilaterally impose a multi-billion dollar regulatory tax on our nation’s schools.”

 

WASHINGTON, D.C. – Rep. John Kline (R-MN), chairman of the House Committee on Education and the Workforce, issued the following statement today regarding the Department of Education’s unprecedented and unlawful “supplement, not supplant” regulatory proposal:The Department of Education is threatening to unilaterally impose a multi-billion dollar regulatory tax on our nation’s schools. This punitive policy will unleash havoc on schools and their students at a time when education leaders should be focused on helping children succeed in the classroom. America’s poorest neighborhoods will be hit the hardest as communities are forced to relocate teachers, raise taxes, or both. Any supposed “flexibility” is really a limited set of bad choices dictated by the secretary of education. This is not at all what Congress intended, and those who helped enact this law cannot honestly believe differently.

What the secretary is proposing is unprecedented and unlawful. The only way to make this right is to scrap this convoluted regulatory scheme immediately. Members of Congress came together to pass bipartisan reforms that are designed to help every child receive an excellent education, and we will not allow this administration to undermine these reforms with its own extreme, partisan agenda.

# # #

John King Is Violating Intent Of ESSA By Approving Illegal Flexibility Waivers For Delaware Through 2019

I was wondering why the Delaware Department of Education went to all the trouble of submitting an ESEA flexibility waiver for a dubious standard called the state’s “speaking and listening standards” last March.  ESEA effectively ended on July 31st this year.  Now we know why.  Because it allowed the Delaware DOE to continue the same damaging and disturbing accountability practices for not just this school year, but through the end of the 2018-2019 school year.

This waiver was very odd to begin with.  Yes, there is speaking and listening standards.  It is part of Delaware’s Common Core State Standards.  But to submit an ESEA Flex Waiver for this is ludicrous.  But it doesn’t end there.  The Delaware DOE was not forthright and honest with the process of applying for this waiver.  As part of state code, Delaware is required to have an advisory committee to approve these waivers.  This was the DESS Advisory Committee.  For this waiver, DESS did not meet to approve it.  In fact, as per an email from Susan Haberstroh at the Delaware DOE, the group is not even active at this point.

HaberstrohDESSQuestion

DESS is, however, required under Delaware state code to review the very same things this ESEA flexibility waiver is meant to address:

Title14DESS

Under whose authority did Haberstroh decide DESS did not have to meet to review this flexibility waiver?  This flexibility waiver is illegal in many ways.  There is no state regulation that gives the Delaware School Success Framework any legal enforceability.  Regulation 103, which covers these accountability standards, was not updated last year.  The U.S. DOE has no authority to approve or disapprove Delaware law.  By relying on the United State Dept. of Education to decide on Delaware law, the Delaware DOE is seriously overstepping the will and intent of the Delaware Constitution.

To make things more complicated, U.S. Secretary John King is abusing his authority under the Every Student Succeeds Act by approving any accountability waivers up through 2019.  The Delaware DOE is cherry-picking what they can and can’t do with ESSA, just like John King is.  For John King, when he does this stuff, he gets hauled into congressional hearings.  When the Delaware DOE does this stuff, it gets mentioned on here.  There is no accountability method for the Delaware DOE to answer for their actions.  Someone needs to get the DOE into a public hearing to explain how they can do certain things and not others.  Because the way they interpret the law and the way it must be interpreted are two different things.  Events are progressing rapidly where the Delaware DOE is openly and flagrantly violating state law.  This can not continue and I urge our General Assembly to take immediate and definitive action against our out of control Dept. of Education.

As for U.S. Secretary of Education John King, I have already taken some action on his abuse of power.  I contacted Rep. John Kline (MN) and Senator Lamar Alexander (TN) addressing the abuse of power John King is exhibiting by approving this waiver.  As well, I submitted the following to Senator Alexander:

Good morning Senator Alexander,

I am trying to reach you in regards to the Every Student Succeeds Act. Back in March, the Delaware Department of Education submitted a flexibility waiver under ESEA to the United States Department of Education.  This was for a waiver of “speaking and listening standards” as part of our state assessment.  Our Dept. of Education stated this was a “limited waiver” and bypassed parts of our state law for how these things are approved in our state.  While I recognize you have no authority over Delaware state code, I do know you do have authority in regards to the U.S. Dept. of Education and have the ability to call out John King over abuse of power.

On August 5th, 2016, the Delaware DOE received an approval letter from Anne Whelan, the U.S. Deputy Secretary of Education, action on Secretary King’s behalf, to approve our ESEA flexibility waiver. The letter, which can be found on the Delaware Dept. of Education website under “Accountability”, and then “ESSA”, seems to give the U.S. DOE authority to grant flexibility waivers with the same accountability standards under ESEA up through June 30th, 2019.  As I am interpreting the Every Student Succeeds Act, this type of authority was explicitly stripped from the U.S. Secretary of Education.  But John King is openly and publicly defying this federal mandate by continuing the same damaging practices from No Child Left Behind and Race To The Top.

The letter states:

“After reviewing Delaware’s request, I am pleased to grant, pursuant to my authority under section 8401 (b) of the ESEA, as amended by the Every Student Succeeds Act (ESSA), a limited waiver of section 1111 (b)(3)(C)(ii) of the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB), for school year (SY) 2016-2017 and of section 1111 (b)(2)(B)(ii) of the ESEA, as amended by the ESSA, for SYs 2017-2018 and 2018-2019 so that the state’s assessment system, including the Smarter Balanced Assessment for grades 3-8 and the SAT for high school, need not measure the State’s speaking and listening standards at this time.

This waiver is granted to Delaware on the condition that it will implement the following assurances:

It will continue to meet for each year of the waiver all other requirements in the ESEA, as amended by NCLB or the ESSA, as applicable, for State assessment systems and the implementing regulations with respect to the State’s academic content and achievement standards and assessments, including reporting student achievement and school performance, disaggregated by subgroups, to parents and the public.”

In addition, by granting this waiver to Delaware, it would allow Delaware to continue accountability rules that have no regulatory approval in Delaware as required by Delaware state code. Delaware has not passed a final Accountability Framework for our public schools because there is no regulation supporting this updated matrix.  As well, the Delaware School Success Framework punishes schools for participation rates below 95% on state assessments.  While ESSA allows states to decide policies and procedures with regard to a parent’s right to opt their child out of the state assessment, Delaware has not done so in any official capacity.  The U.S. DOE is approving this illegal practice in our state which is against the spirit and intent of ESSA.  No state regulations have been approved or are even in the pipeline for approval, and the U.S. DOE is in violation of the Every Student Succeeds Act.

I implore you, as well as your other Congressional leaders, to hold Secretary King accountable for his very open defiance against the intent of Congress.

Please do not hesitate to reach out to me if you have any questions.

With warm regards,

Kevin Ohlandt

Dover, DE

Below is the letter sent from Anne Whalen to Secretary Godowsky on August 5th:

John King Gets Grilled By John Kline Over ESSA Regulations

This morning, United States Secretary of Education John King was once again asked to testify in a hearing before the US House Education and the Workforce Committee.  Chairman John Kline issued a press release:

Kline Statement on Hearing with Secretary of Education King

Rep. John Kline (R-MN), chairman of the House Committee on Education and the Workforce, released the following statement after Secretary of Education John King concluded his testimony addressing implementation of the Every Student Succeeds Act:

The Every Student Succeeds Act is based on the principle that state and local leaders can run their K-12 schools better than Washington bureaucrats. The law represents the best opportunity we’ve had in decades to provide every child in every school an excellent education. We will not allow the administration to destroy that opportunity by substituting its will for the will of Congress and for the will of our state and local education leaders. This hearing is an important opportunity to hold the administration accountable to those leaders and their students. We appreciate hearing from Secretary King, but in many ways he reinforced our concerns with the troubling direction the department is taking this new law. We will continue to use the tools at our disposal to ensure the letter and intent of the law are strictly followed. Our nation’s parents, teachers, and students deserve nothing less.

Kline also issued his opening statement in the hearing:

Kline Statement: Hearing on “Next Steps in K-12 Education: Examining Recent Efforts to Implement the Every Student Succeeds Act”

Welcome back, Secretary King, and thank you for joining us. When we last met, the process for implementing the Every Student Succeeds Act was just getting underway. We had a healthy discussion about the bipartisan reforms Congress passed and the president signed into law. Those reforms are designed to restore state and local control over K-12 schools.That’s not just my own personal view. It’s the view held by governors, state lawmakers, teachers, parents, principals, and superintendents who recently wrote that, “[The Every Student Succeeds Act] is clear: Education decision-making now rests with states and districts, and the federal role is to support and inform those decisions.” It’s also the view of most honest observers. As the Wall Street Journal editorialized, the law represents the “largest devolution of federal control to the states in a quarter-century.”

That’s not just my own personal view. It’s the view held by governors, state lawmakers, teachers, parents, principals, and superintendents who recently wrote that, “[The Every Student Succeeds Act] is clear: Education decision-making now rests with states and districts, and the federal role is to support and inform those decisions.” It’s also the view of most honest observers. As the Wall Street Journal editorialized, the law represents the “largest devolution of federal control to the states in a quarter-century.”The reason for this hearing and our continued oversight is to ensure the letter and intent of the law are followed. A critical part of our effort is holding your agency accountable, Mr. Secretary, for the steps that are taken to implement the law. When you were with us in February, you said, “You can trust that we will abide by the letter of the law as we move forward …”

That is a strong statement, and it is one of several commitments you’ve made that the department would act responsibly. But actions speak louder than words. In recent months, we have seen troubling signs of the department pulling the country in a different direction than the one Congress provided in the law.

The first troubling sign is the rulemaking process itself. There are a number of concerns about the integrity of the negotiated rulemaking committee, including the makeup of the panel, the lack of rural representation, and the accuracy of statements made by department staff. The point of the negotiated rulemaking process is to build consensus among those directly affected by the law, yet it seems the department decided to stack the deck to achieve its own preferred outcomes.

The second troubling sign surrounds the long-standing policy that federal funds are to supplement, not supplant, state and local resources. Prior to the Every Student Succeeds Act, this rule was applied differently depending on how many low-income students a school served; some schools faced more onerous requirements than others. Last year, Congress decided the rule would be enforced equally across all schools. Now, school districts must simply show that funds are distributed fairly without prescribing a specific approach or outcome. The law explicitly prohibits the secretary from interfering, yet that is precisely what your proposal would do. 

What the department is proposing would be both illegal and harmful to students and communities. It would impose a significant financial burden on states and force countless public school districts to change how they hire and pay their teachers. This regulatory effort is trying to achieve an end Congress deliberately rejected and that the nonpartisan Congressional Research Service warns goes beyond “a plain language reading of the statute.” No doubt you have good intentions, Mr. Secretary, but you do not have the legal authority to do this. I strongly urge you to abandon this flawed scheme.

The third troubling sign is the department’s accountability proposal. Let me note that there are policies in this proposal we are pleased to see, such as how states set long-term goals and measure interim progress. But in a number of ways, we also see the department’s bad habit for making decisions that must be left to states.

This is especially troubling given the law’s explicit prohibitions against federal interference, including how states compare school performance and identify schools for support. For years, states grappled with a rigid accountability system imposed by Washington. The Every Student Succeeds Act turns the page on that failed approach and restores these decisions back to state and local leaders. I urge you, Mr. Secretary, to adopt a final proposal that fully reflects the letter and spirit of the law. 

We are raising these concerns because it’s vitally important for the laws written by Congress to be faithfully executed. And just as importantly, we are raising these concerns because we want to ensure every child has the best chance to receive a quality education. We cannot go back to the days when the federal government dictated national education policy—it didn’t work then and won’t work now.

If the department refuses to follow the letter and intent of the law, you will prevent state leaders, like Dr. Pruitt from Kentucky, from doing what’s right for their school districts. You will deny superintendents, like Dr. Schuler of Arlington Heights, Illinois, the ability to manage schools in a way that meets the needs of their local communities. And you will make it harder for teachers, like Cassie Harrelson from Aurora, Colorado, to serve the best interests of the students in their classrooms.

Later, we will hear from these individuals because they represent the people we want to empower. Every child in every school deserves an excellent education, and the only way to achieve that goal is to restore state and local control. That’s what the Every Student Succeeds Act is intended to do, and we will use every tool at our disposal to ensure the letter and intent of the law are followed.

Delaware Signs Up For Ed-Flex Waiver Schemes Under ESSA

I didn’t expect to find this yesterday, but there it was.  An approval letter from the United States Department of Education to the Delaware DOE about Ed-Flex waivers.  The very thing that the Every Student Succeeds Act was supposed to get rid of.  Instead, we have more of the same.  Using regulations by the feds and the states to keep the level of corruption going well into the next year.  I don’t see the Delaware DOE putting this in their news blasts.  Probably because they want to tuck it away on their website where most of the public wouldn’t even think to look.

ESSAEdFlexDelaware

Is this even legal under the Every Student Succeeds Act?  It most certainly is, but this is another reason I opposed this federal legislation when it came out last November.  It was so enormous in scope that no one could have dissected it enough before the US House and Senate voted on it and President Obama signed it into law on December 10th.  Will US Secretary of Education John King abuse this in his last seven months and a week as the Secretary?  Most assuredly so!  It’s what he does.

ESSAEdFlex

I don’t take these things with a grain of salt.  I see them as very dangerous not only to Delaware education, but education across the United States.  If Delaware is doing this, chances are very good other states are as well.  I’ve already contacted the US House Education and the Workforce Committee Chair John Kline (MN) about this:

Good afternoon members of the Education and the Workforce Committee.

I was very concerned about a letter Secretary of Education John King sent to Delaware Secretary of Education Dr. Steven Godowsky recently concerning “Ed-Flex” states. It authorizes Delaware, under ESSA, to continue to be an Ed-Flex state.  Which is just more waiver schemes.  Didn’t ESSA do away with this?  Here is a link to the letter:  

http://www.doe.k12.de.us/cms/lib09/DE01922744/Centricity/Domain/425/DE%20Ed-Flex%20extension%20letter%206.3.2016.pdf

I find it very disheartening that Secretary King is continuing to justify the very schemes ESSA sought to destroy. Please take a look into this matter and if you could please advise me as to the outcome.

Best regards,

Kevin Ohlandt

Dover, DE

We will see if they respond without some scripted and watered down response.  I’m hoping they take it seriously as John King was called out by Kline on a few occasions the past few months.

As US DOE Releases Proposed Rules For ESSA, Kline & Alexander Threaten To Pull The Plug

The first set of proposed rules for the Every Student Succeeds Act, unofficially released on May 20th, are already drawing the ire of many in Washington D.C. are not too happy with them.  Senator Lamar Alexander (TN) and US Rep. John Kline (MN) issued a press release today advising the United States Dept. of Education and Secretary of Education John King that if the proposed rules for regulation do not match the sprit and intent of the law they will take measures to overturn the proposed rules.

Both Kline and Alexander feel the federal overreach, which ESSA was supposed to get rid of, is still there.  This is not the first time in recent months they have blasted John King over the US DOE’s interpretation of the ESSA.  But as the proposed rules come out, expect a vicious fight in D.C.

Below are the proposed rules sent out for public comment.  They will be published in the Federal Register on May 31st, next Tuesday.  Also below are a summary of the proposed rules, a chart, the press release issued today by the US DOE on the proposed regulations, the Title I approved consensus for regulatory language on assessments, and the press release issued today by Kline and Alexander.

NOTICE OF PROPOSED RULEMAKING FOR REGULATIONS UNDER ESSA FOR ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING TO APPEAR IN FEDERAL REGISTER ON 5/31/16

US DOE SUMMARY OF PROPOSED REGULATIONS ON ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING UNDER ESSA

US DOE CHART ON PROPOSED ESSA REGULATIONS

PRESS RELEASE FROM US DOE ON PROPOSED REGULATIONS, 5/20/16

TITLE Ia: APPROVED CONSENSUS REGULATORY LANGUAGE FOR ASSESSMENT IN ESSA, 4/19/16

PRESS RELEASE ISSUED BY HOUSE AND SENATE EDUCATION COMMITTEE CHAIRMEN, 5/26/16

House and Senate Education Committee Chairmen: ESSA Accountability Regulations Need Close Review
Chairmen say if regulation doesn’t follow law, they will seek to overturn it through Congressional Review Act

House Education and the Workforce Committee Chairman John Kline (R-MN) and Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN) released the following statements after the Department of Education released its proposed regulation implementing “accountability” provisions in the Every Student Succeeds Act. This proposed regulation is the first step of the regulatory process. The public will have 60 days to comment on the proposal.

Congressman Kline said: “Congress worked on a bipartisan basis to move the country away from the prescriptive federal mandates and requirements of No Child Left Behind. We replaced that failed law with a fundamentally different approach that empowers state and local leaders to determine what’s best for their schools and students. I am deeply concerned the department is trying to take us back to the days when Washington dictated national education policy. I will fully review this proposed rule and intend to hold a hearing on it in the coming weeks. If this proposal results in a rule that does not reflect the letter and intent of the law, then we will use every available tool to ensure this bipartisan law is implemented as Congress intended.”

Senator Alexander said: “I will review this proposed regulation to make sure that it reflects the decision of Congress last year to reverse the trend toward a national school board and restore responsibility to states, school districts, and teachers to design their own accountability systems. The law fixing No Child Left Behind was passed with large bipartisan majorities in both the House and the Senate. I am disappointed that the draft regulation seems to include provisions that the Congress considered—and expressly rejected. If the final regulation does not implement the law the way Congress wrote it, I will introduce a resolution under the Congressional Review Act to overturn it.”

Kline, Alexandar & Rokita Try To Get Lemonade Out Of A Turnip With John King

Well that didn’t take long.  United States Secretary of Education John King has been the official Secretary of Education for not even three months and he is already under the Education and the Workforce Committee’s microscope.  The United States Senate should have never confirmed him in the first place.  Why are we dealing with this so soon?  Because John King thinks he is invulnerable based on the arrogant and cocky mindset of those in corporate education reform who think they are perfect and everyone else is scum.  Remember after 9/11, when President Bush said you can’t negotiate with terrorists?  It is the same with corporate education reformers.  You can’t try to get lemonade out of a turnip.  You will only get a headache.

The Every Student Succeeds Act regulation process has begun, but like most of us, we have no clue what is really going on with it.  I have the same problem in Delaware when our “stakeholders” convene on some task force, working group, or committee.  There is no true representation.  It is who they want on these groups.  They want an outcome so they will stack the deck to make sure they get it.  Nothing but smoke and mirrors here folks!  So why are Kline, Alexander, and Rokita having a hissy fit because King did what is in his very nature to do?  Even if you give a snake legs,  it’s still a snake.  You can’t change the character of a person by giving them a title.  If anything, that character becomes a part of the title.

Read the letter below.  King has until June 7th to respond.  Will he?  Even if he does will it change anything?  This is exactly what I predicted would happen.  For some inexplicable reason, the Every Student Succeeds Act was rushed through the US House and Senate with a quick signature by Barack Obama.  It was, as explained in the letter, heavily lobbied… probably too much.  This bill wasn’t about students, it was about corporations.  There is very little in this act that actually helps students.  It may look that way, but far too many states invested the past seven years on Common Core and the state assessments.  They aren’t going to change course now.  Not during an election year.  Kline should have known better, but no, he acted with haste to get King nominated.  What about this clown’s history ever said that was a good idea?

And from the official press release on this:

FOR IMMEDIATE RELEASE
May 17, 2016 CONTACT: Press Office
(202) 226-9440

Congressional Leaders Raise Concerns with Integrity of ESSA Negotiated Rulemaking

WASHINGTON, D.C. – House Education and the Workforce Committee Chairman John Kline (R-MN)—along with Subcommittee on Early Childhood, Elementary, and Secondary Education Chairman Todd Rokita (R-IN) and Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN)—today wrote to the Department of Education to express “serious concerns about the integrity” of the department’s Every Student Succeeds Act (ESSA) negotiated rulemaking process. Among other concerns, the letter raises questions related to the makeup of the rulemaking panel, a lack of rural and student representation in the process, and the accuracy of statements made by the department’s negotiators.

First established in 1990, the negotiated rulemaking process was created to bring federal agencies and interested stakeholders together to develop certain new regulations through a framework designed to promote consensus among diverse groups. The Every Student Succeeds Act requires the department to use this process, at a minimum, for regulations on standards, assessments, and the requirement that federal funds supplement, rather than supplant, state and local funds.

To “evaluate the Department’s compliance with negotiated rulemaking requirements and the integrity of the ESSA negotiated rulemaking process,” the chairmen’s letter requests information related to a number of questions, including:

•How the department met a requirement that individuals on the negotiated panel shall include “representation from all geographic regions of the United States, in such numbers as will provide equitable balance between representatives of parents and students and representatives of educators and education officials.”

•Whether the department’s actions in naming panel participants biased the panel’s deliberations.

•Protocols and/or criteria used to determine when a secretary or other high ranking department official will speak to a panel or otherwise participate in a panel’s work, as Secretary King did during the rulemaking process.

•Steps taken to ensure statements made by the department’s negotiators accurately reflect the statute and their role in the negotiated rulemaking process.

•The participation of three outside experts and the process for choosing those experts.

•How the department determined which provisions related to assessments would be included in the process.

Additionally, the letter requests “all documents and communications related to the department’s determination of its legal authority for all regulatory language proposed to the negotiated rulemaking panel.” The chairmen are requesting a response by June 7, 2016.

US Rep. John Kline Blasts John King Regarding Overreach Of Secretary’s Authority & Transgender Issues

In the latest press release by U.S. Representative John Kline, the Minnesota Republican who also chairs the House Education and the Workforce Committee, Kline tore into US Secretary of Education John King over “guidance” released by the US DOE.  The guidance states

FOR IMMEDIATE RELEASE
May 13, 2016
CONTACT: Press Office
(202) 226-9440

Kline Statement on New Education Department Guidance

WASHINGTON, D.C. – House Education and the Workforce Committee Chairman John Kline (R-MN) today issued the following statement in response to new Title IX guidance from the Departments of Education and Justice:

These are deeply personal issues that should be discussed and decided openly, where all Americans have an opportunity to express their views and have their voices heard. Unfortunately, once again, the administration is suppressing an important national discussion that belongs to the people. This latest edict disregards the will and concerns of millions of students, parents, teachers, school administrators, and religious leaders. The secretary has the audacity to say this will promote an environment free of fear and discrimination, but what about the students, parents, and families who don’t share the president’s personal views? Let’s be clear about what this is: another unilateral decree imposed on our nation’s schools, colleges, and universities by a lawless administration. The secretary has no business—and certainly no legal authority—denying low-income students the financial support they deserve because their school or institution doesn’t bend to the president’s personal agenda.

So what was the issue surrounding this?  A letter went out today from the United States Department of Justice Civil Rights Division and the US DOE: Dear Colleague Letter 5/13/16

What is your take?  Agree?  Disagree?

 

Opt Out: “The Data We’re Receiving Would Look Like Swiss Cheese”, The Easter Egg At A Congressional Hearing On Student Privacy

On Tuesday, the Education and Workforce Committee held a Congressional hearing called “Strengthening Education Research and Privacy Protections to Better Serve Students”.  With one parent advocate, one data guy from the Georgia Department of Education, and two corporate schills (yes, there were two, more on that one later).  The hearing was stacked with U.S. Representatives who are, shall we say, sympathetic to the data-testing regime.  We all know the type!

If you looked at the witness list for who was giving testimony at this hearing on the EdWorkforce website, you can see who they were:

WitnessList

So who are these people?  Rachael Strickland is the co-founder and co-chair of the Parent Coalition for Student Privacy.  Neil Campbell is the Policy Director for Next Generation Reforms at the Foundation for Excellence in Education (Jeb Bush’s company).  Jane Hannaway is with the McCourt School of Public Policy at Georgetown University.  Robert Swiggum is the Deputy Superintendent for the Georgia Department of Education.  But one of these four has another job, which the Education and Workforce Committee did not include on their website.  During the hearing, this person’s other job wasn’t even discussed at all.  But it is a whopper.  So which one was it?

The day before the hearing, I received an email from the EdWorkforce Committee notifying me of the hearing.  They had the exact same witnesses in the email, but one of them has a different job:

EdWorkforceCommitteeEmail

Take a good look at Dr. Jane Hannaway… Institute Fellow, American Institutes for Research.  Also known as AIR, this is the company that was instrumental in creating the Smarter Balanced Assessment.  They are my state’s vendor for Smarter Balanced.  They are all over the place.  Now why would the United States Education and Workforce Committee not mention that glaring fact at all?  Why would they not include it on their website and have the witness, sworn to tell the whole truth and nothing but the truth, not mention this at all?  In fact non-Government employees are required to fill out a “Truth In Testimony” form prior to any Congressional hearing.  Ms. Strickland and Mr. Campbell both listed their affiliated sources, but Ms. Hannaway didn’t list any organizations.  Even though she wrote about her affiliation with AIR in her testimony, it wasn’t spoken out loud.

There are some key points I want to highlight from Hannaway’s testimony, with my thoughts in red:

Almost every state has developed an individual student level longitudinal administrative data system. These data systems have substantive and technical research advantages, as well as efficiency virtues.

Substantive, technical, and efficiency virtues: Can we say cha-ching?  Show me the money?

Because the data are existing working files – created, maintained and used by the state for administrative purposes – they are readily available for approved research purposes.

I have no doubt the states are making these “readily available”.  And I’m sure they pay a pretty penny to make it so!

Having data already in hand means the turnaround time for getting feedback on the results of new policies is short, allowing informed decision making about whether to discontinue, modify or continue particular policies and practices. Indeed, some decisions of interest can be made almost in real time.

Decision making, policies, practices: This lady is combing through your child’s data.  She doesn’t at a government agency, but I’m sure she does work for government agencies.  How are these corporations setting policy?  Very frightening…

The files include data on all students and all teachers in the state over a number of years. So data on students of interest for a particular intervention or for a particular study, say 8th graders, or high performing students, or disadvantaged students can be easily selected.

“A particular intervention”… sounds like something every parent should worry about.  Note the word “all”: all teachers, all students.  They have it set up so they can “shop” through the data for any possible category they want.  I didn’t underline this for emphasis.  It was underlined in her testimony.

Indeed, because teachers can be linked in the data to their students and students’ test scores, teachers can also be compared in terms of their performance. Indeed, some of the most important finding from studies using longitudinal data have focused on teacher effectiveness.

Because that data has given us so many unreasonable conclusions, I find that data inconclusive.  And yet, here is Hannaway continuing to use the biggest fallacy of our time…

For example, regression discontinuity designs can assess the effect of, say, receiving an award on subsequent behavior by comparing results for students just above and below the performance award threshold.

In other words, they set the “performance award threshold”, aka, the high-stakes standardized test scores, based on a point where there would always be some above or below the threshold.  We will NEVER have maximum proficiency.

The advantages in terms of policy insights of individual education data are also substantially expanded when linked to later individual measures in areas beyond education, such as labor market (employment and earnings), justice and health outcomes.

Basically, she is saying we are going to use this data to track and catalog every individual student and determine your outcome for you based on high-stakes standardized testing data.

The state anonymizes the data before researchers receive them. Each student is assigned a state-constructed unique student id (USI) that is used by researchers to link data for each student across years and schools.

So instead of giving a name and social security number, I’ll call this the number of the beast scenario.  For “each student”… has anyone read “Revelations” recently?

Hannaway said, when asked about opt out and what it does to the data: “The data we’re receiving would look like Swiss cheese.”  She couldn’t have said it any better!  If you never had a reason to opt your child out before, know that your child’s “unique” number of the beast, assigned by your state, is given to all education agencies who ask for it from your state.  They base conclusions and policy and decisions, which become laws, based on that crappy test your child takes once a year.  Do your child a favor: make some Swiss cheese for companies like American Institutes for Research.  It is the ONLY way this nonsense will ever stop!  We need MORE Swiss Cheese!

To watch the full video, watch below.  The hearing doesn’t begin until the 6:37 mark.

Campbell looks really nervous at several points during this hearing.  He keeps wringing his hands.  Is that because he is afraid of what will come out or guilt?  Or is he generally a nervous guy?

I love how Swiggum says that states own the data.  Really?  Does the Delaware DOE “own” the data on my child?  His academic performance, social-emotional behavior, all that… they “own” it?  I don’t think so.  If they own it, they should take better care of it!

Breaking News: ESEA To Continue For “Several Years” Even With Implementation Of ESSA

Yesterday, I broke the  news that the Delaware Department of Education was going to be submitting another ESEA waiver.  Even though the Every Student Succeeds Act forbids these waiver schemes.  I reached out to the Delaware DOE for more information on this latest waiver, and received the following information from Alison May, the Public Information Officer at the DOE.  Below is what Alison sent me, including the letter Ann Whalen sent to all the states, along with the letter states would need to sign to get the waiver.  Note the part I bolded which extends ESEA waivers well after ESSA will be implemented.  There are serious games afoot here.  Is John King already abusing his authority?  Will Congressman John Kline (MN) intervene and stop this dead in its tracks?

Meanwhile, like with all previous ESEA flexibility waivers, state education agencies are required to get public comment on the waivers.  With three weeks time, how can this happen?  Some district boards don’t meet again until after the April 15th deadline.  Don’t they also have to submit any ESEA waivers to the Delaware Education Support System (DESS) advisory council?  How could that happen, as required by Delaware law, if the meeting scheduled for this week is canceled and no meetings are scheduled between now and April 22nd?

DESSMeetingCanceled

We are already losing a week due to Easter/Spring break.  As well, the Delaware General Assembly will be off for two weeks after this week.  How is the Delaware DOE going to make sure everyone sees this?  Or is just merely putting a notice up, hidden away on their website, or sending out a tweet, sufficient?  Thank God I find these things when I do!  This is the same kind of non-transparent information they put out there like the Accountability Framework Working Group last year.  They count on folks not looking for or even knowing where to find this information.  Too bad they didn’t count on me!

If the Delaware DOE’s deadline is April 15th, and this information is due to US DOE on April 22nd, does this mean the State Board of Education will put it up as an action item at their April 21st meeting?  Will they allow public comment on an action item which they typically don’t due to their archaic rules?

FW: FW: Letter from Senior Advisor Whalen re: Speaking and Listening Waiver People 

Attachments

  • Speaking and Listening Waiver Request Template.docx

 Per your request, please see below and attached. This guidance also is posted on USED’s website.
Alison
From: Honeysett, Adam [mailto:Adam.Honeysett@ed.gov]
Sent: Wednesday, March 02, 2016 9:17 AM
Subject: Letter from Senior Advisor Whalen re: Speaking and Listening Waiver

EXAMPLE OF REQUEST TO WAIVE THE SPEAKING AND LISTENING REQUIREMENT UNDER THE EVERY STUDENT SUCCEEDS ACT (ESSA)

Ann Whalen

Senior Advisor to the Secretary

Delegated the Duties of Assistant

Secretary for Elementary and Secondary Education

Office of Elementary and Secondary Education

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

 

Dear Ms. Whalen:

I am writing to request a waiver, pursuant to section 8401(b) of the Every Student Succeeds Act (ESSA), of section 1111(b)(3)(C)(ii) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), that [State]’s assessment system measure the full range of the State’s academic content standards. [State] requests this waiver only with respect to measuring the State’s speaking and listening content standards, which are part of the State’s reading/language arts academic content standards.  [State] requests this waiver because it is not practicable at this time for [State] to administer a large-scale summative assessment that includes speaking and listening standards.  This waiver will advance student achievement by permitting [State] to have a valid and reliable assessment system that measures the full range of the rest of the State’s academic content standards while providing time to complete the work necessary to have a valid and reliable measure of speaking and listening content standards.

[State] requests this waiver to allow for continued State and local receipt of Title I, Part A funding in good standing while [State] completes additional work to develop accurate, valid, reliable, and instructionally useful assessments related to speaking and listening. This waiver is requested for the 2015-2016 school year [(if requesting) through the 2016-2017 school year].  [State] assures that, if it is granted the requested waiver —

  • It will continue to meet all other requirements of section 1111(b)(3) of the ESEA, as amended by NCLB, and implementing regulations with respect to all State-determined academic content standards and assessments, including reporting student achievement and school performance, disaggregated by subgroups, to parents and the public.
  • It will continue to work toward assessing speaking and listening consistent with the State’s academic content standards.

 

Prior to submitting this waiver request, [State] provided all LEAs in the State with notice and a reasonable opportunity to comment on this request. [State] provided such notice by [insert description of notice, e.g., sending a letter to each LEA on [date] or sending an email to each LEA on [date]] (see copy of notice attached).  Copies of all comments that [State] received from LEAs in response to this notice are attached hereto.  [State] also provided notice and a reasonable opportunity to comment regarding this waiver request to the public in the manner in which [State] customarily provides such notice and opportunity to comment to the public [e.g., by publishing a notice of the waiver request in the following newspapers; by posting information regarding the waiver request on its website] (see attached copy of public notice).

Please feel free to contact me by phone or email at [contact information] if you have any questions regarding this request.  Thank you for your consideration.

Sincerely,

US Rep. John Kline’s Statement On ESSA Hearings From Today

The Every Student Succeeds Act got it’s own hearing today in Washington D.C.  Congressman and Chairman of the Education & the Workforce Committee John Kline oversaw the hearing.  Acting Secretary John King answered questions about the legislation signed by President Obama in December.  King will also face a US Senate confirmation hearing later this afternoon.  Odds are pretty good the Senate will confirm King as the official US Secretary of Education.  And many of us know why…

Kline Statement: Hearing on “Next Steps for K-12 Education: Upholding the Letter and Intent of the Every Student Succeeds Act”

 
 

Replacing No Child Left Behind was a significant achievement that was desperately needed and long overdue. The law represented the largest expansion of federal control over K-12 schools, and it was based on the flawed premise that Washington knows best what students need in the classroom. The federal government imposed rigid rules and punitive actions on states and schools in areas vital to a child’s education, like which teachers to hire and fire, how to gauge school performance, and how to fix underperforming schools.It didn’t take long before state and local leaders were raising concerns that this top-down approach wouldn’t work. Their concerns were affirmed year after year as we experienced little – if any – improvement in graduation rates, proficiency in reading and math, and the achievement gap separating poor and minority students from their peers. Frustration among parents and teachers went up, while student achievement remained flat. Despite the good intentions behind the law, millions of children were left behind.

To make matters worse, the administration spent years pushing a convoluted waiver scheme, which doubled-down on the false hope that Washington could fix the problems in our schools. States and schools were subjected to even more federal requirements in areas like standards and teacher evaluations. They were forced to choose between onerous requirements prescribed in federal law and onerous requirements prescribed by the secretary of education.

If we learned anything throughout process to replace No Child Left Behind, it’s that the American people are tired of Washington micromanaging their classrooms. They are desperate for a different approach to K-12 education, one that will significantly reduce the federal role and restore state and local control. That is precisely the approach taken by the Every Student Succeeds Act.

Under the new law, authority over accountability, teacher quality, and school improvement is restored to state and local leaders. The law also brings new transparency and accountability to the department’s rulemaking process, ends the era of federally-mandated high-stakes testing, repeals dozens of ineffective programs, and sets the department on the path to becoming smaller, not bigger. Furthermore, due to the administration’s actions in recent years and the public outcry that ensued, the Every Student Succeeds Act includes unprecedented restrictions on the authority of the secretary of education, ending the days when one individual imposed his or her own agenda on our classrooms.   

The Wall Street Journal described the new law as the “largest devolution of federal control to the states in a quarter-century.” A letter written by a coalition of organizations representing governors, state lawmakers, teachers, parents, principals, and superintendents says, “[The Every Student Succeeds Act] is clear: Education decision-making now rests with states and districts, and the federal role is to support and inform those decisions.” They also urge the Department of Education to “honor congressional intent,” which brings us to the heart of today’s hearing.

Despite our success replacing No Child Left Behind, the real work to improve K-12 education is just beginning. The focus now shifts to leaders in state capitals and local communities who will use the tools and authority in the new law to build a better education for their children. And if they are going to succeed, they will need a Department of Education that behaves like a partner – not dictator.

I’ve described countless times the shortfalls of No Child Left Behind. While it may seem unnecessary at a hearing on the future of K-12 education, we need to remember where we have been as we look to where we want to go. Congress did not want to repeat the mistakes of the past, and we certainly did not want a Department of Education that would continue to substitute its will for the will of Congress and the American people. Quite the opposite, we wanted new policies that would empower parents, teachers, and state and local education leaders. Congress promised to reduce the federal role and restore local control, and we intend to keep our promise.

That’s why we are here today. We want to learn what actions the department intends to take to implement the law and to help ensure the department acts in a manner that strictly adheres to the letter and intent of the law. Dr. King, this committee stands ready to assist you in that effort. The reforms you are now implementing were the result of bipartisan consensus, and we will remain actively engaged as the department moves forward. There is a lot of work to do, especially in every state and school district across the country. The department must get this right so every child can receive the excellent education they deserve. 

This is EXACTLY what Wall Street, hedge fund managers, members of the National Governor’s Association, the Council of Chief State School Officers, and many legislators want.  The devil, of course, is in the details…

You can watch the video of the hearing as well:

 

Breaking News: US Senate Passes Every Student Succeeds Act, President Obama Will Sign The Death Knell Of Public Education

The United States Senate just passed the Every Student Succeeds Act.  The controversial reauthorization of the Elementary/Secondary Education Act (ESSA) is now going to President Obama who is expected to sign the legislation.  The US Senate has not released the roll call on this historic vote, but I will update this as soon as it is released.  Meanwhile, Rep. Kline had this to say about today’s vote:

WASHINGTON, D.C. – House Education and the Workforce Committee Chairman John Kline (R-MN) issued the following statement today after the Senate passed a bipartisan, bicameral bill to replace No Child Left Behind and improve K-12 education:

Senators Murray and Alexander are to be commended for their leadership on a vitally important issue. They were the partners we needed in the Senate to get the job done. After years of delay, Congress is finally sending a bill to the president’s desk replacing No Child Left Behind with a new law that will reduce the federal role, restore local control, and empower parents. Those are precisely the kind of reforms parents, teachers, and state and local education leaders deserve, and I am grateful for all of the hard work of our House and Senate colleagues for helping to make these reforms a reality.

Known as the Every Student Succeeds Act (S. 1177), the bipartisan, bicameral bill will reform K-12 education by reducing the federal role, restoring local control, and empowering parents. The bill was approved by the House last week with overwhelming bipartisan support and will soon head to the president’s desk for his signature. To learn more about the Every Student Succeeds Act, visit edworkforce.house.gov/k12education.

And so it begins, again.  Education is a very different world now, and we all know who we can thank for this.  Welcome to the future of education, otherwise known as the death knell of public education.

Congress Ready To Tackle Reathorization Of ESEA Again…The Devil Is In The Details…

In a press release today, the Education and Workforce Committee in the United States Congress stated the next step in the Elementary and Secondary Education Act is about to begin:

FOR IMMEDIATE RELEASE
November 13, 2015
CONTACT: Press Office
(202) 226-9440
Joint Statement on Efforts to Reauthorize the Elementary and Secondary Education Act

WASHINGTON, D.C. – House Education and the Workforce Committee Chairman John Kline (R-MN) and Ranking Member Robert C. “Bobby” Scott (D-VA), along with Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA), issued the following joint statement on efforts to reauthorize the Elementary and Secondary Education Act:

We believe we have a path forward that can lead to a successful conference, and that is why we are recommending to our leadership to appoint conferees to take the next step in replacing No Child Left Behind. This is a law that everyone wants fixed, and teachers, parents, and students are counting on us to succeed. Our efforts to improve K-12 education will continue to reflect regular order, providing conference members an opportunity to share their views and offer their ideas. Because of the framework we’ve developed, we are optimistic that the members of the conference committee can reach agreement on a final bill that Congress will approve and the president will sign.

# # #

The details of this are going to be watched by many.  No one is going to get everything they want.  That is certain.  But many people are going to be looking at what is sacrificed and what is rammed in there at the last minute.  I believe they should honor opt-out if they keep the standardized assessments, or just get rid of them entirely.  I don’t think they should do anything that continues the road we are on because the past 15 years have clearly shown us it is not good for students.

Letter From John Kline To Arne Duncan Surfaces, Raises Serious Questions About National Student Database

The Department’s effort to shepherd states toward the creation of a de facto national student database raises serious legal and prudential questions.  Congress has never authorized the Department of Education to facilitate the creation of a national student database.  To the contrary, Congress explicitly prohibited the “development of a nationwide database of personally identifiable information under the Elementary and Secondary Education Act (20 U.S.C. § 7911)

Back in 2010, as Race To The Top was introduced, part of the initiative included the creation of a Statewide Longitudinal Data System, or SLDS for short.  The idea, according to the below letter, was for states to share data with each other.  US Representative John Kline, of Minnesota, opposed this idea.  The letter stated the inherent dangers in birthing a database of this type.

Does anyone know if Arne actually responded to Kline’s letter?  I would love to see that response!

US DOE & Arne Duncan Drop The Mother Of All Bombs On States Special Education Rights

In a stunning announcement that came out today, the United States Department of Education has decided to take away state rights in regards to curriculum and state assessments for special needs students.  Without any legislative approval, Arne Duncan has taken it upon himself to invalidate years of IDEA law and special education regulations.  This news broke today from this blog:

http://whatiscommoncore.wordpress.com/2014/11/24/federal-secretary-of-education-to-phase-out-the-authority-of-states/

And here is the new ruling:

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201410&RIN=1810-AB16

Here’s what you need to do: email AND call your state senator and state representative in the US Congress.

For Delaware citizens, here are our representatives in Congress and how to contact them:

https://forms.house.gov/carney/webforms/email-me.shtml

http://www.carper.senate.gov/public/index.cfm/email-senator-carper

http://www.coons.senate.gov/contact/

I would also email John Kline, the head of the Education and Workforce Committee in Washington D.C.  at this address and let him know Congress needs to stop this NOW!!!!  The ruling states this is to go in effect January 1st, 2015.

https://edworkforce.house.gov/contact/

This is tantamount to war on special education in America.  I called this months ago, and now it is out there.  This is the same man who thrust Common Core on all schools and dangles carrots with the ESEA waivers constantly.  The man who believes every student, even those with a disability, should have a baccalaureate education and rigor should be used daily.

For residents of Delaware, your Governor Markell helped with this.  With his powerful backing from Dr. Paul Herdman and Rodel, our children’s special education rights are GONE if this goes through.  We all need to take a stand, every single one of us.  If you sit back and do nothing, your child WILL suffer.

I just found an excellent letter to send.  Thanks to Stacey Kahn from the Facebook group NYS Special Needs Parents Against Common Core for allowing me to repost it here!

Parents and teachers the time has come. As we all knew, the United States Department of Education, as directed by Arne Duncan, has decided to attempt to override special education and the laws that protect our most vulnerable students. The rights and rules both we and our own parents fought so hard for are being dismantled by the US Department of Education to pave the way for the inappropriate rigor of common core. If we do not speak out against this newest injustice, special education as we know it will dissolve.

Please take a few moments to contact your legislators through pen, phone, or email. Let them know they must get involved. The USDOE has gone too far. The same people who seem to put profits before people have again trampled the rights of students who struggle enough. Common core is enough of an injustice. To remove state authority to assist our special needs students is the final straw.

Attached is a letter template for your use. Feel free to add your own thoughts, the more personal the better. Let these legislators know your special needs children are worthy of a fair and appropriate education that isn’t driven by corporate gain and workforce readiness. All students are unique. The one size fits all mentality of common core has come to the head we knew it would. Please let your representatives know this is the time they must get involved, these children don’t get a second chance to be treated with respect, equity, and compassion.

For your immediate attention  (insert title and last name here):

We as parents, educators and citizens of the United States, are contacting you because it has come to our attention that there is a real and imminent threat to the states’ sovereignty with regards to education, and more importantly, to its most vulnerable citizens.

Arne Duncan, the Secretary of Education has submitted a proposal to the Office of Information and Regulatory Affairs.
Directly from the proposal is the following:
“The Secretary will amend the regulations governing title I, part A of the Elementary and Secondary Education Act of 1965, as amended (ESEA), to phase out the authority of States to define modified academic achievement standards and develop alternate assessments based on those modified academic achievement standards in order to satisfy ESEA accountability requirements. These amendments will permit, as a transitional measure, States that meet certain criteria to continue to administer alternate assessments based on modified academic achievement standards and include the results in accountability determinations, subject to limitations on the number of proficient scores that may be counted, for a limited period of time.”

If this amendment is passed, it will signal the end of special education as we know it in this country’s public education system. Secretary Duncan has already stated that he feels that students with disabilities can and should be held to the same “rigorous” Common Core State Standards, as their fellow neuro-typical classmates. To give him the power to supersede the states regulations regarding allowable modifications and/or alternate assessments for these students sets a dangerous precedent.

Secretary Duncan has already weakened the Individuals with Disabilities Act (IDEA).If allowed to proceed with this amendment, the Americans with Disabilities Act is in jeopardy as well. None of these changes were ever voted on by any legislative body.

Our states are losing their sovereignty in education on an almost daily basis. How much more are we as states and as citizens willing to hand over to the Federal Government?

We need our legislators to stand up and say enough is enough. We are a bipartisan group of citizens. Please put political parties aside and do what is best for our children and our country. We are counting on you!

President Obama & Waiver Program Under Attack In Wake Of Recent Elections @KilroysDelaware @ed_in_de @RCEAPrez @Apl_Jax @Roof_O @ecpaige @nannyfat @DeDeptofEd @DelawareBats #netde #eduDE #edchat #Delaware

Yesterday, the House Education and Workforce put President Obama on warning over waiver programs that they feel have made education worse in the USA.  And yet Delaware doesn’t hear this as they continue to take advantage of waiver programs to do the bidding of Rodel and Markell.  Most recently, they have used these waivers as a way to present a new school accountability system with “community input”.  This smoke and mirrors attempt is very obvious to people who are aware this system is already in place, and any community input will only be used to embrace this.  Comments going against the DOE, in my opinion, will not be used.

Hopefully, this group will be able to put a stop to the massive education reforms that have occurred during Obama’s tenure and stop Obama and US Secretary of Education Arne Duncan from further damaging public education in America.

Below is the press release from John Kline, the Committee Chairman of the group:

WASHINGTON, D.C. – House Education and the Workforce Committee Chairman John Kline (R-MN) issued the following statement after the Department of Education released new waiver guidance:

Last week, the American people sent a message to Washington: End the gridlock and begin addressing the challenges facing our country. It’s looking more and more like the Obama administration has not gotten the message. Our K-12 education system is broken and we’ve learned over the last several years the president’s controversial waiver scheme is not the answer. Instead of changing course, the administration is delivering more arbitrary rules, more regulatory burdens, and more confusion.

What we need is for policymakers and stakeholders to work together in crafting a new law. We have an opportunity to enact bold reforms that will help all students access the quality education they need to succeed. The president must decide whether he is willing to seize that opportunity. The House has demonstrated time and again we are ready to get this done, and I am pleased we finally have partners in the Senate willing to join us. It’s time for the president to join us as well.