How Laws are Created: Congress’ Role in Destroying the Republic

Congress’s role in governing our republic includes the responsibility to create necessary and proper laws within the authoritative boundaries of constitutional powers. But the current process by which a bill becomes a law desecrates the Founder’s ideals. The “institutional defenses” built into the constitution have been eroded by the malicious use of deception and disregard for ethical principles.

“The most significant danger old republics like ours face is not the sudden assault of an aspiring autocrat but the slow erosion of their cultural and institutional defenses.” The Fall of Rome and the Lessons for America

Here’s How A Recent Data Bill Went Through Congress

“Laws begin as ideas” so they can come from any of us, ideally. But in today’s reality, it’s more likely a special interest group will solicit one of our representatives to move their proposal into law. Enter (in this case) the technology industry — through the Data Summit and the Data Quality Campaign that was launched in 2005.

By 2008, Idaho was the last state in the nation to have a longitudinal data collection system “that provides individual level student data across multiple years from grades K through 12 and into postsecondary education.” (Report to the Idaho Legislature)

With the Great Recession holding the country’s attention, both the Bush and Obama administrations loosened a major privacy law allowing expansion of data collection and its use in “research” on a Human Capital Development Data System.

FERPA: Family Educational Rights & Privacy Act

Acceptance of federal stimulus funding from the American Recovery and Reinvestment Act (ARRA, Recovery Act) served as an incentive for completion of the project to collect, share, and link student data between agencies and across states.

FERPA has yet to be changed back to requiring parental notification and consent to share student data.

One strategy used to put these data collection systems in place was to NOT have open discussions or public debates.

State Longitudinal Data Systems Best Practices included “EFFECTIVE” Communications. In this case that means NOT allowing “open forums.” It means communicating the right message.

The “do not engage” practice moved the project along at the state level. Next up was federal legislation, which requires the kind of broad support that only money can buy these days.

2009-

The messaging needed to be just right. The “best practice” of not exposing an idea to too many people, or too much scrutiny, was taken to the next level — to both houses of congress with both political parties involved. The adoption of a federal data consolidation bill began by asking for a commission to study the idea. It was approved by a Voice Vote.

They were only asking for a study to be done. … No big deal.

A Voice Vote means there is no record of individual votes.

Three Months Later, The Report Was Released

D.C. Think Tanks and other organizations rejoiced! The public remained uninformed.

It didn’t take long for the Foundations for Evidence-Based Policymaking bill to emerge.

Note: Senator Patty Murray mentioned “federal agencies” — plural. This is no small deal. This is huge!

The response?

The U.S. House of Representatives passed the bill under suspension of rules —by Voice Vote!

That was on November 15, 20172017 pre-holidays —and Twitter lit-up in protest.

Throughout the holiday season education activists watched for movement of the bill in the Senate. Pre-Christmas had become a favored time for education bills to quickly become law. This time nothing happened. Had it died in committee? NOPE!

DECEMBER 19, 2018….2018.…real close to Christmas….and it passed by Unanimous Consentthe Senate’s version of a Voice Vote (no roll call, no individual record).

December 20, 2018 —Back to the House.

DECEMBER 21 —the Friday before Christmas with a Lame Duck Congress at 4:14 PM—the House did a roll call vote TO SUSPEND THE RULES. The bill known as HR4174 (FEPA – Foundations for Evidence-Based Policymaking) officially passed both houses of congress. But the story doesn’t end. Congress recessed. 

The bill did not go immediately to the president’s desk. If it had and he did not sign it within 10 days, this bill would have been killed by what is called a “pocket veto.” But if Congress is in session and the president does not sign the bill within 10 (working?) days, it becomes law.

JANUARY 2, 2019FEPA HR4174 (sister to Washington Sen. Murray’s S.2046) went to the president’s desk.

Today is January 14th. My senators are not answering their phones at 4:14 PM. Nor is the Senate Homeland Security & Governmental Affairs Committee (the one that slipped this bill out of committee a year after activist had eyes on it).

Is this acceptable?

We might expect some bad behavior from the liars in the House, but Senators should act with more integrity. 

So, WHAT’S In The BILL? Better question: What is not in the bill?

The public is being told that the recommendations made by the FEPA Commission were followed. They were not. Data privacy recommendations were ignored.

“The Commission’s recommendations for improved data access and strong privacy protections rely heavily on the establishment of the National Secure Data Service [NSDS]. … The Commission envisions that the National Secure Data Service will operate an effective and efficient service that can be held accountable by policymakers and the American public.” The Promise of Evidence-Based Policymaking

Here is what the public should have heard debated.

“Even where data has been de-identified it is still possible to combine certain data sets with others to determine extensive amounts of personal information.”

“…there are real challenges to ensure that the creation of the NSDS does not create a centralized repository of data on Americans, like the proposed National Data Center which was broadly opposed by the public and led to the enactment of the Privacy Act.” Electronic Privacy Information Center

It is a sad day for the republic.

When it comes to Open Government, the Sunlight Foundation asked this about a Trump White House.

“Congress is the ultimate watchdog. Will Congress provide aggressive oversight?”

If Congress is the ultimate watchdog, the republic is in deep trouble.

In Pursuit of Truth: How to Stop Dismantling the Public Schools

“Dismantling the public schools is all about control.” Lynn Parramore

In “The Corporate Plan to Groom U.S. Kids for Servitude by Wiping Out Public Schools,” Ms. Parramore explains the strategy the One Percent is using to produce a dual economy (haves and have-nots) and how the process of dismantling the public schools aides this agenda. Based on research from Gordon Lafer and Peter Temin, the article is a must-read for all citizens — before it’s too late to reverse “the new system.”

“Lafer explains that in the new system, the children of the wealthy will be taught a broad, rich curriculum in small classes led by experienced teachers. The kind of thing everybody wants for kids. But the majority of America’s children will be consigned to a narrow curriculum delivered in large classes by inexperienced staff —or through digital platforms with no teachers at all.”

This new digital delivery system is being called “Personalized Learning.” It’s also sold as Competency-Based, Mastery-Based, Proficiency-Based, Outcome-Based, and “Standards-Based” education. To be clear, none of this is proven education reform. That alone is reason enough to stop dismantling the public schools under the guise of reforms or “modernization,” which is code for privatization.

Standards-based reform policies, like No Child Left Behind, have already narrowed the curriculum. Decades of focusing on outcomes without the necessary inputs has left us with large classes, driven out experienced teachers, and put alternative certifications in federal and state laws to solve a problem created by lawmakers. None of this is theory or conspiracy. It’s the reality produced by our politically motivated policies.

And this is where we are:

It remains to be seen if the rights of the many can triumph over the selfishness of the few, and whether economic servitude will be the fate of the children of the wealthiest and most powerful country the world has ever seen.” Parramore

Here is part of the story behind the dismantling of public schools:

“After five years of research and the publication of The One Percent Solution, Lafer concluded that by lobbying to make changes like increasing class sizes, pushing for online instruction, lowering accreditation requirements for teachers, replacing public schools with privately-run charters, getting rid of publicly elected school boards and a host of other tactics, Big Business was aiming to dismantle public education.”

Dismantling the public schools required a coordinated effort.

A “host of other tactics” included using the American Recovery and Reinvestment Act money, instilling longitudinal data systems, coercing use of the Common Core Curriculum, giving priority to workforce data “interoperability,” and anchoring in place the false assumptions of No Child Left Behind in its replacement — the Every Student Succeeds Act (ESSA).

We were told that American Recovery and Reinvestment Act money would be used to restore operating funds for schools due to state budget cuts during The Great Recession.

Did states recover and reinvest in education? According to this 2014 report, 30 out of the 47 state budgets analyzed DID NOT.

“The lack in funding is hurting not just students, but also the economy.”

“State Education Funding Lags Behind Pre-Recession Levels” Photo: Scott Olson/Getty Images

While ordinary Americans were struggling, so-called “reform” groups worked to put their “SMART OPTIONS” education agenda in place using Recovery Act funds. They controlled the setting of priorities.

The leaders of this agenda labeled the process “disruptive innovation.” They used us.

Instead of restoring education funding and hiring back laid off teachers, the majority of states spent money on adopting new standards and putting data collection infrastructure in place. Common Core was never about improving student achievement; it was about the common data points the system can collect. Common educational data makes possible the workforce data interoperability system. This system is designed to link student data from the Education Department (plus testing & online education data) to workforce data from the Labor Departments for development of the human capital to fill the directives (orders) placed by businesses and corporations.

And the Every Student Succeeds Act (ESSA) not only continued the federal mandate for the yearly standardized testing first dictated by No Child Left Behind (NCLB), it created a NEW Title IV grant with an attractive name, the Student Support and Academic Enrichment Grants (PLAW-114publ95 beginning p.168 of 392). Although this NEW federal education program has three stated purposes, technology definitely is a priority. (Here is a screen shot from Rise to the Challenge, a blog written in response to a 2015 comment about my views on ESSA.)

UPDATE: The Consolidated Appropriations Act of 2018 provides increased funds for education technology, and the Department of Education as a whole. “In a complete contradiction to the Trump administration’s proposal, not only did Congress keep Title IV, it doubled the amount allocated to $1.1 billion. The Every Student Succeeds Act (ESSA) originally authorized Title IV for $1.65 billion. ” —- So the tech industry got a little less than anticipated in our NEW federal grant program.

STOP the dismantling of public schools.

As one person wrote on Facebook:

“We let them divide us against each other. Because united they can’t control us. Divided they keep control and can continue to pillage the country.”

It’s been established that it’s all about control. So we need to take control.

ESSA has to go. It has been proven that school accountability from the federal level is a joke. It doesn’t work. It makes no sense because the 90 Plus Percent obviously have no control —yet—over congress and their corrupt lawmaking process. Federal law continues to be an excuse for State “controllers” of the dismantling. Therefore, ESSA remains a barrier to diminished local control of education.

Take actions to disrupt and dismantle the policies, processes, and practices the One Percent put in place to control the schools that are attended by the 90 Plus Percent….It’s not too late. It’s time the country followed our teachers’ lead.

“Smart Options” & the Revolving Door of Common Core

Remember The Great Recession? Did you know that, while Main Street was struggling to stay financially alive, there was a group meeting to determine the “smart options” for our schools? These people were smart all right…in looking out for their own self-interests.

Relatively few people knew about this meeting. So it’s understandable that most people did not see Common Core as the weapon of mass destruction that it is. In pursuit of the truth, please read on.

The following is a revised and updated version of a 2014 DailyKOS post. The original details more of the people involved in the plot to take advantage of a hurting nation. …  This is where the Smart Options saga began. … D.C.

How smart people kicked public schools when they were down.

Washington D.C. is known for its revolving door of political influence. Behind-closed-doors deals are the norm. That made it the perfect place for this group to hatch a blueprint for spending our American Recovery and Reinvestment Act (ARRA) education dollars.

But when this meeting took place in April of 2009, few people were talking about how a common core of standards could be used against public school children. After all, WE were in The Great Recession. And THEY were not feeling our pain.

The fact is that education “reformers,” philanthropic organizations, venture capitalists, and politicians followed the dogma expressed by then Chief of Staff Rahm Emanuel, “You never let a serious crisis go to waste.”… They didn’t.

And their plan was written up as Smart Options: Investing the Recovery Funds for Student Success. The Bill & Melinda Gates and Eli & Edythe Broad Foundations sponsored the publication (among other things). The Gates influence over education policy is well-known while Eli Broad probably requires a bit of introduction for many.

Eli Broad made his billions mainly through real estate dealings and SunAmerica, which was sold and re-branded as AIG (yes, the same AIG that was too big to fail).

The Broad Foundation focuses on governance of schools, management training of leaders, and hands out generous “prizes” to charter management organizations.

Opportunity knocked; the Smart Options group answered.

Open the door on this one meeting and you will see how the country was purposely duped into financially supporting the education and technology INDUSTRIES ahead of schools.

Entered —the Core support team — the Coalition for Student Achievement, Aka College and Career-Ready America.

These Smart Options participants set the spending priorities and claimed that if states focused on their collection of “big ideas” the country would see “real educational results” by 2012.

Priority #1 “A common core of fewer, clearer, higher, evidence-based, college-and career-ready standards adopted by at least 40 states…”

Priority #2 “More robust and user-friendly data and information systems.”

Priority #3  “A meaningful professional teacher evaluation system in every state and school district.”

Priority #4By 2012, states and districts should have shut down at least 500 of these [low-performing] schools and replaced them with new, higher-performing schools…including charter schools.” — That is a quote.

Priority #5 “Targeted interventions provided to the students who are at least two years behind academically in reading, writing, and mathematics.”

Priority #1 became Common Core Standards even though the claims of being “evidence-based” were never substantiated. Priorities 2,3, and 4 caused chaos.

It wasn’t just one district that used Recovery funds “inappropriately.” The scenario across the country was money spent on standards, testing, and technology. The statement above is from the largest district in Eli Broad’s backyard, LA. Source: Recovery Act & Chaos.

What about the last priority, helping students?

Usually the devil is in the details. But with this, the specifics were few and the Recovery dollars didn’t materialize into the promised “results.” But, despite Bill Gate’s claim that Common Core failed, it didn’t. The core federal plan did work.

Instead of fully stabilizing funding for schools, the “smart option” became a “race to the top.” The collection of data and establishment of state longitudinal data systems became the core priority. And the core system is close to completion. … How?…

Look at who was at this table set for 40.

The Eli and Edythe Broad Foundation had three foundation employees there. Additionally, there were seven other people who were either graduates of the Broad leadership training, or had a role in governing the Broad training center.

The Bill & Melinda Gates Foundation had four representatives directly from their parent organization. But seated at this table, just about everyone else had connections with Gates. Plus, among those many Gates’ associates were three groups essential to launching the Common Core State Standards Initiative (CCSSI, as Common Core was originally called):

P-20W is Preschool through Workforce.

Data Quality Campaign: They proudly state, “In 2009, 8 states used state funds to support their P–20W data systems. In 2013, despite difficult economic times, 41 states committed state funds to ensure the long-term sustainability.

Council of the Great City Schools: With outreach to 67 of the largest urban districts, they had  received a Gates grant to assist in implementing Common Core.

Student Achievement Partners (Aka Achieve the Core): The lead writers of the Common Core Standards, David Coleman, Susan Pimentel, and Jason Zimba, created this organization. David Coleman represented them at this meeting.

Common Core was central to the plot but a distraction from the bigger issue.

Now, the essential and basic question in need of answering is, after seeing how these people met and planned….

is this how we should govern the education of America’s children?

Let’s look closer at THEIR process for transforming OUR schools. Here are some of the other smart people AT THE TABLE.

KSA–Plus Communications, Inc. was present for their expertise in providing “education communications and strategic consulting to set education agendas in motion.”

McKinsey & Co. provides services including data analysis and transformation — boasting about having the ability to “drive adoption throughout the organization.”

Last but not least in the area of transformation was Alvarez & Marsal. They are known for “restructuring” and “turnaround” for companies including Enron and the failed Lehman Brothers. “Mavericks” on the ready “when conventional approaches are not enough to activate change,” they promise to “accelerate results through decisive action.”

But for these smart, self-interested dictators of reform to succeed, they needed to dictate education policy. — They needed to direct our public dollars by directing our laws.

So also in attendance was a representative from Education Counsel LLC with their “track record of forging the kind of partnerships needed to bring about meaningful and systemic change.”

In addition, there were two representatives from Education Sector (Aka American Institutes for Research – AIR), a D.C. non-profit education policy think tank. And as they state on their website;

“The reauthorization of ESEA (No Child Left Behind) is the nexus of all of our K-12 work, including testing, accountability, teacher quality, finance, data, and school choice.”

COMMON CORE STANDARDS provide COMMON DATA. They were never JUST standards. The Core was always about their SYSTEM.

And No Child Left Behind became the Every Student Succeeds Act (ESSA) as planned EXCEPT the name was supposed to be the Every Child Ready for College or Career Act.

Words have been changed but the core principles remain deeply embedded in FEDERAL law. Yet, the selling point for ESSA was the false claim of a return to state and local control. Or by the term “state” did Congress mean the Special Interest State?

Who governs our schools?

Did this system of exchange of COMMON student data evolve “IN A CLIMATE OF TRUST”? For “MUTUAL BENEFITS”?

Are we ready to put our trust in philanthropic venture capitalists to train our teachers, our leaders, and educate our children? Is the public even aware that the private education industry is already doing all these things? And do people know the extent to which children’s data is being gathered and tracked? Do you know why?

The system our Recovery Act dollars helped build is called a “human capital development data system.”

Now, do we close the door on what we have allowed to transpire and let the Smart Options dictators proceed with their plan?

Do we turn a blind eye and a deaf ear to OUR public education system and let it become a casualty of the Special Interest State? Do we let it become their human capital development system?

Do we really think this is our smartest option?

A Common Enemy of Public Schools

Common Core, and its foreign and domestic associates, has become the common enemy of American public schools.

This is not a conspiracy theory; this is our reality.

There is nothing right about our public school children’s education standards being set and controlled by a private, non-profit organization that holds the copyright. “Associations” are not public institutions.

There is nothing right about a foreign entity like Pearson Education Corporation (with all its many “divisions” and names) lobbying Congress for passage of laws that benefit them — it shouldn’t matter if they do have their own 501(c)(3) non-profit, tax-exempt Pearson Foundation to dole out trinkets as part of their public relations campaign.

Check out the chart on the Center for Responsive Politics site and think back to the major education laws passed. The pattern indicates that the heavy lobbying occurs just before and even harder after the major laws “make it.” Think it might get harder once more people actually get a chance to read the laws Congress passes?

The year 2009 is of particular interest; it is the claimed birth date of Common Core. Out of the ashes of financial ruin — the seed money for Common Core testing was ours. H.R. 1 Act is the American Recovery and Reinvestment Act of 2009.

This is the education-industrial complex at work on the federal level. The states are targeted also.

It has become a dirty business but worth doing.

The testing addiction is killing education. FORCED to pick our poison?

The testing addiction is killing education. FORCED to pick our poison?

I found this comment from Joanne:

“Scripture states that ‘The LOVE of money is the root of ALL evil.’ 1 Tim. 6:10 (Caps mine for emphasis.) And so it is and easily seen in our education system, that same system being used to brain wash America’s children en mass.

I’m amazed and disheartened by parents who choose to remain uninformed concerning these issues, who are so busy being entertained by electronics & social media to watching television nearly non-stop or perhaps extremely involved in their kids extra-curricular activities to the point of being UNINTERESTED or uninvolved with the very heart of the system forming their children’s impressionable minds. Our children are the FUTURE. If the direction in which our nation is being taken isn’t halted and REVERSED soon I’m concerned that America’s future will be very bleak indeed.

America…. what has HAPPENED to you?” (Thanks for asking Joanne)

When people know about what is happening, how can they not get it? I think they will…share what you learn with those that may not know what you know.

Answer for yourselves, is Common Core a Tool or Weapon?