How Laws are Created: Congress’s 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: Bill Gates & Education Reform

Education reform leaders like Bill Gates have disrupted our public schools without considering how their plans disturb the education of children and upset the lives of families. Repeatedly, political and philanthropic leaders force change on our schools without any meaningful open exchange of ideas with parents and educators.

They are in control of education policy. Education policy controls how our public dollars are spent. How our money is spent does matter. Policy — coming down from above — matters. The education reform oligarchs driving their agenda into our laws are the ones ultimately governing our schools.

So it behooves us to look closer at Mr. Bill Gates’ perspective.

Bill Gates’ Views On Public Education Compared To My Perspective — As Just A Parent

Mr. Gates…

From what Mr. Gates said, he sees the philanthropic role as being “to shake things up” and fund pilot programs. He says he sees philanthropy as having a “super-narrow role” because the reality is that the public is footing most of the costs.

But what Gates sees as a primary role for philanthropists I saw, beginning in the mid to late 90’s, as a primary problem.

No one had clarified the concept of what exactly a “pilot program” meant.

In this case, the use of the word “pilot” means that children serve as a “trial unit for experimentation.” … The big question becomes: how many were set up for future failures because of pilots gone wrong? From Education’s Missing Ingredient: What Parents Can Tell Educators

The people piloting failed programs didn’t send in cleanup crews. There were no “Super Fund Site” signs going up at my neighborhood schools. But if a person thinks that little learning is actually going on in schools before they step in, they might consider any harm done as insignificant. That may be the case with Mr. Gates.

“K to 12 is partly about babysitting the kids so the parents can do other things.” Source: The Hill, 2010

Wow! Really!?! And I thought that educated mothers around the world wanted their children to get a good education. I believe that is the major reason parents send children to school.

Parents want their children to enter classrooms where the teachers are happy about doing their job and they are enabled to do it well. … Parents want to have a say in how and what their child is taught. From The Crucial Voice of the People: Education’s Missing Ingredient, 2nd edition

So how do we view the school improvement problem?

Bill Gates believes “The key problem is political will.”

What I believe can’t be so simply stated. I believe in “the political principle” as an ideal that politics has failed at miserably.

The political principle is the belief that when decisions are made affecting you or your possessions, you should have a role, a voice in the process of that decision-making. …

And time and again, politics has proven itself to be an irresponsible driver of educational progress.

That quote is based on statistical analysis of the rigor of standards and their lack of correlation to student achievement.

And while standards-driven, outcome-based education reform was not Bill Gates’ brainchild, he has become the political and financial driver of the movement. He believes “that stronger standards will help more students live up to their potential.”

For decades, the faith in setting standards as a reform is what politicians and much of the nation agreed to spend education reform dollars on — “ever – higher” standards and the tests to determine achievement outcomes. On this topic, I believe in the historical evidence uncovered through my own research and the facts provided by people a whole lot smarter than I.

But ignoring all that, federal and state policies cemented the idea that standards are the necessary first step in education reform without considering the historical and statistical evidence demonstrating that the standards/outcome-based theory is incorrect.

So when did Bill Gates jump into the education reform arena? Exactly? Well, that’s hard to pin down but what is important to know is that by 2006, Mr. Gates had become the most influential person in education reform policy in America.

What probably matters more is who influenced the influencer?

Here’s a brief look at a few major players…

  • 1986 National Governors Association (NGA) meeting, Chaired by then Governor Lamar Alexander, Marc Tucker (from Carnegie Forum on Education and the Economy) made his case for “the necessary revolution in school policy” (p82)
  • 1989 Marc Tucker (National Center on Education and the Economy – NCEE) reached out to President H. W. Bush promoting the restructuring of schools, setting of national goals, and focusing on workforce training “To Secure Our Future: The Federal Role in Education.”
  • 1990 Tucker’s NCEE publication “America’s Choice” continued the push for benchmarked standards in order for the U.S.A. to remain competitive in the global economy. Marc Tucker clearly urged leaders to focus on output measures at the Task Force on Education Workshop chaired by then Governor Bill Clinton (Tucker minute 33:30).
  • 1992 Marc Tucker penned his infamous “Dear Hillary Letter” that became part of Congressional Record (p353) submitted by Representative Bob Schaffer in 1998. (Here is an easier to read copy.)

With political figures including Bill and Hillary Clinton on board with the Outcome-Based Education Reform Movement and then Secretary of Education Lamar Alexander cheering the first federal funding earmarked for World Class Standards/Academic Achievement Tests (p93), the federal role in education expanded.

  • 1996 The Education Summit brought together governors and business with education and community leaders. Their mission: To start a national effort to establish high academic standards, assessments, accountability and improve the use of school technology as a tool to reach high standards. As the story goes, this meeting gave birth to Achieve, Inc.
  • 1997 Lamar Alexander & Bill Gates address the NGA Lamar Alexander mused about how it could be that, after all the years of trying, with the governors “leading the charge” and pouring money into “their plan,” charters and standards had not improved education. Alexander’s answer: “We have been too timid.”
  • Bill Gates talked about “digital nervous systems” able to improve the quality and efficiency of public services and provide citizens with access to more knowledge in the “Information Age.”

Bill Gates Steps In — Officially

1999 Gates co-founds the Bill and Melinda Gates Foundation. Among many other things, they provided funding for Achieve, Inc.

The Gates Foundation became a continuing financial supporter of Marc Tucker’s projects at NCEE.

2001President George W. Bush signed No Child Left Behind into law.

2005 Bill Gates co-chaired the National Education Summit on High Schools. Gates emphasizedthere is crisisour schools are obsolete—and a new design is required.

Influence & The Gates Foundation Agenda

One author put it this way…

The Gates agenda is an intellectual cousin of the Bush Administration’s 2002 No Child Left Behind law.

In 2006, with Bill Gates viewed as more influential in education policy that President Bush, the only two government institutions on equal footing with the Gates Foundation were the U.S. Department of Education and Congress…..NOW?

Some players have changed. Who governs is the question.

For Gates to amplify his philanthropic influence, all he needed to do was gain control of Congress and the U.S. Department of Education. … With Marc Tucker as one collaborator, education leaders were trained and placed in the U.S. and many State Departments of Education.

Influencing Congress? It only requires the multiplication of think tanks, organizations and their lobbying efforts.

Now, if you look back at the video clip at the top of this blog (minute 3:18), Mr. Gates chuckles about philanthropy being “so big we could take” over.

  • 2006 The Data Quality Campaign Launched at the Data Summit — supported by the Bill & Melinda Gates Foundation. The campaign promoted their “ten essential elements” of a longitudinal data system, which included the ability to match student records between the Pre-K and post-secondary systems.
  • 2009 Bill Gates explained at the National Conference of State Legislatures that a thorough data collection system is the best way to track student success. And people, like Parkway, Ohio school board member, Ryan Thompson believe…

“It would be very hard to identify a particular student.”

You be the judge. The following screen shots come directly from documents about data collection and sharing pilot programs put in place simultaneously with Common Core Standards. 

SOURCE Department of Labor: It clearly states (middle of 2nd paragraph), “Ultimately, databases developed through WDQI should be linked to education data at the individual level.”

The years between 2009 and 2014, the Common Core years, created murky waters in the swamp.

Exactly when and how the Workforce Data Quality Initiative (WDQI) arose is probably a story for another time. What is important to know is that real concerns exist for all citizens, particularly for parents wanting to protect their children’s data.

Is the Department of Education addressing parent concerns? How about Congress?

The bill before Congress known as the “Foundations for Evidence-Based Policymaking” (FEPA, H.R.4174) was pushed through the House without debate. The foundation it puts in place is a mega federal database without mention of education data — but that is the plan. Next up will be the College Transparency Act (CTA) which overturns the ban on a federal student record system.

This is the Gates agenda. But go back and read the Dear Hillary Letter. This is the Marc Tucker plan. Is this America’s choice?

“It is not unfair to say that the Gates Foundation’s agenda has become the country’s agenda in education.” Michael Petrilli

To date, leaders have brushed citizen concerns aside and done what they want. That leaves me wondering; is it too late to regain control of schools through civil disobedience? Will that work against an oligarchy?

One thing is certain; our representatives are driving policy while under the influence.

Test Refusal Justified

Not only is refusal —or “opting out”— of standardized testing justified, it is necessary. Here’s why: the “reform” process of No Child Left Behind failed and the system failed to respond, or even acknowledge, the crux of the problem despite the repeated attempts of many to help make the law better.

Many parents in low-income communities endured the senseless, useless, time-consuming, curriculum-narrowing, opportunity-limiting implementation of the No Child Left Behind standardized testing regime. Quietly? No, not all of them. Many wrote letters to representatives, editorials to newspapers, dozens upon dozens of researched papers, and even books!

We dissenters attended meetings; we petitioned, protested, and marched. We should have seen things change for the better during the last decade but instead; the next generation of parents got “higher standards” and “next generation assessments.”

This was from Idaho in 1999 when "achievement standards" were introduced as "exit standards."

This was from Idaho in 1999 when “achievement standards” were introduced as “exit standards.”

The “silver bullet” of standards and testing tied to “accountability” was sold to the public as the path to school improvement. No proof then; no proof now.

Familiar words? Same promise?

Familiar words? Same promise? Different year – 2011.

We should be outraged.

Not paying attention or has the information been very tightly controlled?

Not paying attention, or, has the information been very tightly controlled?

Last straw? Prompted by tactics and threats aimed at parents that have refused to allow their children to take the “next generation” Common Core aligned tests, I reached a tipping point and directed my words of condemnation at a school district administrator —who had written a disturbing letter to parents and guardians. My letter in response included questions that should have been allowed to be asked, and been answered, in an “open, large scale forum” on education reform BEFORE it happened to us.…Let me step off my soapbox …. and cut to the chase for you readers. …

The concern for compliance with rules and laws mandating testing participation was clearly stated in the districts’ letter, “…the district must ensure compliance with State and Federal laws.”

QUESTION: how do these laws and codes supersede the civil rights of parents as guaranteed by the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States?

Also in the letter was an expression of consideration, “I fully understand every parent’s desire to make educational decisions they think are best for their child…” But… the tone of the letter was meant to discourage parents from doing what they felt was best. How can there be “full understanding”?

FURTHER QUESTIONS: How do parents decide what is right without a full disclosure of information?

With the “next generation assessments” being computerized, being “adaptive” in nature, and teachers not being allowed to view the tests unless specifically certified by the company or state and then not being allowed to discuss the test, what are parents or guardians consenting to when they allow a child to be tested through the new testing consortium? ( COPPA-Children’s Online Privacy Protection Rule  requires schools obtain verifiable parental consent for their children’s personal information to be entered during the testing process.)

Are our data exchange projects with other states still ongoing?

With student data being linked with information from agencies outside the State Department of Education, will parents or guardians be given the chance to give consent to each transfer of their student’s data?

In informed decision making on this matter, all facts are required to decide if the decision to refuse this testing will severely impact the quality of education in the district, as stated in the letter. Does the risk outweigh the impact of lost instructional time, lost instructional dollars, and loss of control of curriculum content as well as private student information?

There is a reason the dissenters to high-stakes testing have not been sufficiently heard.

Here’s an example:

Bill & Melinda Gates Foundations are major sponsors and this piece was essential for the Common Core State Standards Initiative package deal.

Bill & Melinda Gates Foundations are major sponsors and this piece was essential for the Common Core State Standards Initiative package deal.

With the push for development of longitudinal data systems during the pit of the Great Recession, many issues surrounding the Common Core State Standards Initiative and its “next generation” tests were not fully vetted in the arena of public opinion partially because it became a “best practice” to “not engage in large scale, open forums.”Screen Shot 2015-04-15 at 2.04.25 PMThe not-to-be open debate on education reform could have benefited the public’s understanding of No Child Left Behind, the Common Core State Standards Initiative and its “next generation” assessments.

Now, the public should consider why test refusal is necessary:

1) No Child Left Behind is the federal law upon which the nation was convinced they must comply with high-stakes standardized testing. Thirteen years later, that nonsensical overstep by the federal government has yet to be challenged in our superior courts. Disregarding research about appropriate uses of standardized tests and with no regard for objections raised by the people affected by the law, the law remains in place and the reauthorization process is far from transparent. Consent by the People has not been deemed to be of importance therefore leaving civil disobedience as the next step in a parent’s duty to defend what they think is best for their children.

2) The Common Core State Standards Initiative was never about “just” the standards. There was always the intent to develop the “next generation assessments” to correspond with the Common Core Standards. Our American Reinvestment and Recovery Act (ARRA/TARP) dollars served as the seed money for the two consortiums to develop these tests. What has always been missing from any public discussion was the intent of the two private, non-profit groups that hold the copyright for the standards — the Council of Chief State School Officers (CCSSO) and the National Governors Association (NGA). The intention was/is to “direct the collection of student data to a single reporting office within the U.S. Department of Education through the reauthorization of ESEA” (the Elementary and Secondary Education Act) otherwise know as No Child Left Behind. This is item #10, on page 9, of the CCSSO/NGA “new deal” for ESEA reauthorization.

3) What should be respected and understood about a parents’ refusal to comply with the rules, regulations, and laws set down for them by their elected representatives, who have not represented their views, is that they feel a strong moral responsibility to do what is right for their children. Many parents feel forced or coerced participation in testing is wrong, and is potentially, and in reality, driving a wedge between them and their child, their teachers, their school administrators, their neighbors, communities, and the larger society who can’t comprehend or understand their stance. What we should understand as citizens is that it is morally reprehensible to turn a blind eye to rules, policies, and laws judged to be wrong for children by their own parents.

4) As ordinary law-abiding, tax-paying citizens, we pay our taxes because we know it is the cost of maintaining a civil society including “free” public schools. In a representative form of government founded on the Consent of the People, our choices in this manner should include having “large-scale, open forums” where a meaningful exchange of ideas could occur, or, civil disobedience as a second choice when the first choice has been denied us.

With No Child Left Behind testing mandates, the Common Core State Standards Initiative, and their “next generation” tests and all that go with them, the choice was made for us.

Our “consent” in the decision-making process was denied.

Civil disobedience through test refusal is a parental right in need of supporting.

Politicians put parents and children in the middle of the mess they created through a corrupted political process. There was always a better way.

“They” Have Plans for U.S. Children

No Child Left Behind (NCLB) was a failed experiment. That is, it failed as a reform for schools.

So why do Americans continue to trust many of the very same people who created the law to now lead us down yet another path – over a decade later? This time, the National Governors Association (NGA) and Council of Chief State School Officers (CCSSO) (ESEA_Task_Force_Policy_Statement_2010) plan to use the rewriting of NCLB to consolidate data reporting to a single “office in the U.S. Department of Education that manages all data requests and collections…” (with good intentions?).Screen Shot 2016-02-17 at 3.52.22 PM(Update 12/10/15: NCLB changed to The Every Student Succeeds Act – ESSA. The lead groups on Common Core — the non-governmental trade organizations CCSSO and NGA —have more power under ESSA than they did under NCLB.)

This country desperately needs to talk about proper roles of government in education. But for now, local control?

When and how students receive additional help should always be made at the school level. Do we need good data there? Yes. But more importantly, we need capable, caring people who understand kids!

Every state put in a longitudinal data system so that each state could track each student in order to make “better decisions” as to where and how to spend our education dollars — at the state level (?). Fair enough, maybe. That is supposedly why the Data Quality Campaign came into existence. But check out the campaigns supporters at the bottom of this page and ask yourselves, should data systems have been a priority?

“Coinciding with the movement for more and better data, federal lawmakers established the Statewide Longitudinal Data Systems (SLDS) grant program (part of the Educational Technical Assistance Act of 2002) to help states design, develop, and implement longitudinal data systems.” (Source New America Foundation, Many Missing Pieces)

People – this was back in 2002!!! And now, it is time to “consolidate data” to a point of central control. Our lack of vigilance has been astounding!

“…there was a diabolical realism in his plan to make all learning the monopoly of the elite which was to rule his envisioned world empire and keep the anonymous masses barely literate.”

That is what Eric Hoffer wrote in the The True Believer: Thoughts on the Nature of Mass Movements. He was speaking about Hitler. Control of the education system is THAT important!

Stop IT !

Stop IT ! P.S. I think Godwin’s Law is detrimental to open discussions about our times and history.

Until the day that the anonymous masses of citizens once again have control over their government, we must defend every inch of control we have remaining over the public education system.

Welcome to the Real Education War!

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To know more, read about the power and control of the Common Core Standards and the excellent comments from the people.

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Addition 2/17/16: You can also learn more about the Common Core “Initiative” through this smorgasbord of blogs. I suggest beginning with “Research Made Me Do It.” What it made me do is take a firm stance against corporate takeover of the public education standards, assessments, curriculum, data systems, and the production of a totalitarian workforce development system.

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Addition 9/7/17: Consider this. ESSA State Consolidation Plans are all approved by the Secretary of Education. After approval, will all states then submit their data as evidence of compliance (“accountability”)? The “new” ESEA is ESSA. It delivered. The question now is, how much will we pay for it?

They do have plans for US.

Two more additions:

The Big idea?

Big funders? Big investors? Big pay-off for some.