2020 Education Legislation that Must be Opposed: Feb. 25, 2020

Lots of really lousy education bills are on the docket for tomorrow, Tuesday, Feb. 25.  First, in the Senate Ed Committee at 8am, and then in the House Ed Committee at 4pm.  If you are able to attend and comment on any of them, that would be great!  Please pick at least one bill (if you can’t do all of them) and email the appropriate group, as listed below.

Quick info: How to read a bill.

If something is underlined, it will be added to the law, if the bill passes.  If something is crossed out, then that will be removed from the law, if the bill passes.  Everything else is existing law.

Quick Info: How to email committee members.

See the list of Senate and House Ed committee emails listed below.  It’s best to put in the subject line something like: Vote NO on HB114Sub2 ((that means House Bill 114 Substitute 2).

Then address your email to each individual Rep or Senator.  You can certainly copy and paste the body of the email.  Make it short, sweet and to the point.  If you want to add more information, you can finish the email, and then say, for more information on this…and basically add a PS, so they can go as long or as short as they’d like.  They need to get these emails ASAP, as the Senate will probably not read emails once the committee hearing starts at 8am.  If you are a constituent of one of the committee members, please let them know that.

*Senate Ed Committee: 8am Write the Senators and ask them to VOTE NO!

HB114Sub2: You can read it here.  https://le.utah.gov/~2020/bills/static/HB0114.html : Early Learning Training and Assessment

This bill allocates $17.55 Million to establish additional testing and support coaches and early learning plans for math and reading.  It’s important to know that our current Math and English standards (which, sadly, are still Common Core) were declared to be developmentally inappropriate for grades K-3 by 500 Early Childhood Experts in 2010.  I would argue if we fixed our current math and English standards, we wouldn’t need to waste $17.5 Million in trying to assess and coach our teachers to teach our kids stuff that isn’t helping them read and do math.

SB136: https://le.utah.gov/~2020/bills/static/SB0136.html Healthy Lifestyles Revisions

For those of you who are wary of CSE (Comprehensive S3xuality Education—typo intentional to avoid spam filters), this is the bill to change our school health requirements to be broadened.  Incidentally, if you go to the CDC website, you will find that Utah has one of the lowest rates of STIs of any of the states.  The states with higher rates, many of them, have implemented CSE programs.  But because we have such a low rate, the health department touts the fact that we have a huge increase.  Yes, but that’s a percentage increase from a very, very low number to a higher number, that is still low.  It’s important to understand that Public Education used to be about those things that we could all agree on (2+2=4).  Once you start down this road, there will be very little agreement, and that is problematic. 

Some concerns:

Changes communicable disease to infectious disease.  While there is obvious overlap, infectious disease is, by definition, a disease that is transmitted via bacteria, or virus, etc.  The focus of infectious disease is the “infecting agent”.  Communicable disease is a disease that is spread via human to human contact in some form.  The focus of communicable disease is the human transmission to others.  In light of this being a health course and not an immunology course, the current wording “communicable” is probably more relevant.  See lines 60-62 and lines 68-70.  Current law allows emphasizes the importance of abstinence before marriage and fidelity after marriage as methods of preventing communicable diseases.  The references to marriage are removed, and abstinence is listed as a method for preventing certain infectious diseases.  Also, current law prohibits advocacy or encouragement of contraceptive devices.  This would be removed if this bill passes.  Line 187 includes a requirement that the course include “healthy relationships”, but there is no definition of what a healthy relationship is.  207-209 requires the local district  or charter (LEA) to report to the State Board the percentage of children who are not opted out of the course.  This will allow the state to know how many kids are not taking the courses, and will, in the future, no doubt lead to greater pressure on parents to have their kids take the courses.

**House Ed Committee: 4pm Write the House Reps and ask them to Vote No!

There are 3 bills that are extremely problematic.  1 that is mostly a waste of time and money.  I will list them in the order they are on the agenda, but the most egregious one is listed 3^rd (HB323).

SB0093Sub1: https://le.utah.gov/~2020/bills/static/SB0093.html Math and Science Opportunities for Students and Teachers

This bill will cost $4.8M.  The idea that the state decides to use this money up front for this purpose undermines local control.  That’s $4.8M that doesn’t go directly to the schools that choose not to participate in this program.  The real issue with students not learning math has nothing to do with not having the Opportunity provided in this bill (that’s mostly just money) and everything to do with the adoption of sub-par math standards (Common Core).  This bill is mostly just a waste of time and money that could be better spent elsewhere, especially at the local level in reducing class sizes.

SB0099: https://le.utah.gov/~2020/bills/static/SB0099.html School Leadership Development Amendments

This bill will create a mentor program for principals to the tune of $15.2 Million.  Similar to others, this takes $15.2 M off the table to be spent in any other way at the local level.  So, if you are sure principals being mentored is a higher priority than anything else your local district would spend that money on, then this is the bill for you.  But if you think maybe that’s a waste of money or that the local school district might prefer to use the money differently, then you should encourage your Reps to vote NO!  In Alpine School District, we already pay an annual fee to participate in the BYU Public School Partnership, along with 4 other districts.  As part of this partnership, we have a Principals/Leadership Academy that employees who are interested in becoming principals can take.  Also, ASD usually appoints principals from among applicants who have already spent a few years as assistant principals.  So, there is already a formal structure for mentoring.  Finally, in my years of knocking doors and talking to people, I have never received a single comment from the people that said we needed to spend more money on mentoring principals.

HB323: https://le.utah.gov/~2020/bills/static/HB0323.html School Mental Health Amendments (THIS IS THE REALLY  REALLY REALLY  BAD ONE!!!)

Because schools and teachers, especially are already overwhelmed, we are going to require the State Board to create a Mental Health screening tool that can be administered to every student in our public school setting.  We will either be creating a greater need to have mental health counselors in our schools to assist with this (instead of spending the money on actual reading, writing, and arithmetic) or we will delegate this to teachers.  It also opens up the possibility of parents being bullied into allowing their kids to be tested, and once tested, if a parent disagrees, then there is evidence that they went against the “state”.  Could Child Protective be called on parents who refuse?  It wouldn’t be out of the question.  Whenever we have societal problems, we tend to put all the focus on our public schools to “solve” the problem for us.  This is not the place to do mental health screenings.  Your pediatrician or a mental health counselor of the parent’s choosing would be the appropriate place for it.  Schools should focus on academics, art, etc.  They are to be supportive of parents.  They are not to replace parents. 

HB241: https://le.utah.gov/~2020/bills/static/HB0241.html Kindergarten Attendance Amendments

This make Kindergarten a required grade.  Currently, children are only required to attend school from ages 6-18.  This bill will require school from age 5.  Some problems (besides the obvious increased cost that will occur if more people put their kids in Kindergarten): Many students are not developmentally ready for Kindergarten at age 5.  Many parents choose to keep their kids home an extra year and then enroll them in Kindergarten at age 6.  You would be able to do this still, but you’d have to fill out a homeschooling affidavit, and then, see lines 131-134, the school board is required to give you information about the knowledge, skills, and competencies required before Grade 1. This is only required for homeschool Kindergarten.  Currently, there is no requirement other than if a parent requests this information for the other grades.  It is not a requirement for those who choose a private option.  Additionally, if children are not, yet, developmentally ready for school, it could create more students who are identified with learning disabilities or special needs.  Those students so identified would require more state (and federal) funding, as well as administration of IEPs (individual education plans), etc.  And as mentioned above, our current set of K-3 standards are developmentally inappropriate for K-3 children anyway. So, we’ll put more kids into a no-win situation.  All in all, there is no compelling reason to require Kindergarten attendance.

*Senators on the Senate Ed Committee:

Senator Henderson - dhenderson@le.utah.gov

Senator Davis - gdavis@le.utah.gov

Senator Fillmore - lfillmore@le.utah.gov

Senator Grover - keithgrover@le.utah.gov

Senator Hillyard - lhillyard@le.utah.gov

Senator Millner - amillner@le.utah.gov

Senator Reibe - kriebe@le.utah.gov

Senator Stevenson - jwstevenson@le.utah.gov

**Representatives on the House Ed Committee:

vlsnow@le.utah.gov

susanpulsipher@le.utah.gov

mballard@le.utah.gov

dnjohnson@le.utah.gov

blast@le.utah.gov

csmoss@le.utah.gov

jeffersonmoss@le.utah.gov

leeperry@le.utah.gov

vpeterson@le.utah.gov

mariepoulson@le.utah.gov

adamrobertson@le.utah.gov

swaldrip@le.utah.gov

christinewatkins@le.utah.gov

Rep. V. Lowry Snow (R), Chair 

Rep. Susan Pulsipher (R), Vice Chair 

Rep. Melissa G. Ballard (R) 

Rep. Dan N. Johnson (R) 

Rep. Bradley G. Last (R) 

Rep. Carol Spackman Moss (D) 

Rep. Jefferson Moss (R) 

Rep. Lee B. Perry (R) 

Rep. Val L. Peterson (R) 

Rep. Marie H. Poulson (D) 

Rep. Adam Robertson (R) 

Rep. Steve Waldrip (R) 

Rep. Christine F. Watkins (R) 

Goodbye but not Forgotten

Today is the last board meeting I will attend as your elected representative on the Alpine School District Board of Education.  To say it has been an honor but a difficult responsibility is an understatement.  I have been strengthened and encouraged by everyone's kindness and support throughout these past eight years.  And I thank you, more than many of you could ever know.

But having said that, this doesn't mean everything comes to an end and we drive away into the sunset.  This next year is every bit as important or more so than the last.  Who is serving in public office is nowhere near as important as what, We, the People do to inform that discussion and remain informed and involved.  I would like to ask those who are willing, can you attend a single board meeting out of 365 days in the next year?  Is that too much to ask?  4-5 hours out of 8,760 hours in 2019?  That's .06% of your time in the next year.  Is freedom, education and the future of our schools and our children worth .06% or .12% in that endeavor?  Let me know if you are willing to continue to be informed and involved citizens.  We have great people and teachers in this community.  Whatever the issues, we can improve them and solve them working together, not appealing to outside experts in DC or some Think Tank that stands to make a lot of money when they proclaim that our "education system" has failed.  A thriving educational system that partners with teachers, parents and the student doesn't make outside experts a lot of money, but it does educate the next generation, consistent with the values of their families and their communities.  This is only done when the individuals in this community step up and stay informed and involved.

There are so many things on the horizon, new health and science standards.  (The health standards are especially problematic, in my opinion.)  Math still being taught by cramming 4 years' worth of high-level math into 3 years (Algebra 1,2, Geometry and Pre-Calculus in 9-11th grades, IF you want to get to Calculus as a Senior).  What literature are our kids reading and obtaining their values from? How much emphasis on GRIT and social-emotional learning do you want in your schools, in a formal way, if any?  Do you want EVERY First Grader to learn to code?  How much technology do you want your kids exposed to in schools?  How will you, as a parent, manage their overall online activity when so much of the homework is now online?  If you have an opinion

, we need your voice.

I am grateful for the trust that you have bestowed on me.  I hope I have been worthy, in some small way, of that trust.  Thank you for your support.  As I have said before, you will never know how much your little notes, text messages, FB posts and treats have buoyed me up and given me the fortitude to go on.

My predecessor finished her final board meeting with these words: "When you are in the service of your fellow beings, you are only in the service of your God."  I echo her sentiment and am grateful to have served.

Mt. Vernon, overlooking the Potomac River.

No on Question1 and School Board Races| A Philosophy

Please vote NO on Question 1!  There are so many reasons why, but the most important is that it sets a very dangerous precedent.  I'll also discuss the school board candidates below [Spoiler: State Board 9: Avalie Muhlestein and Julie King in ASD 1 (Westlake HS area)].  Please study and be informed before casting your ballot.

NO ON QUESTION 1: A Dangerous Precedent
Question 1 is a polling question.  To my knowledge, we have never had an opinion poll on our ballots.  So, instead of paying lobbyists to lobby the legislature or to get signatures for a ballot initiative, you are being used by an organization that was unable to accomplish their objectives by either of those options.  If you can't change laws the regular way, and you're rich and famous, you try to find a way around the normal lawmaking process. Co-opting citizens to pressure lawmakers is now a thing.  

Question 1 doesn't change A SINGLE THING. But the proponents HOPE the legislature will increase gas taxes, and then play a shell game to get SOME of that money into K-12, (as well as Higher Ed and Roads and money for UDOT. Shhh!  Don't tell anyone that part.  It isn't as emotionally appealing as grade-school kids.)  Legislators also know that GAS TAX CANNOT be used for Education under our Utah Constitution (hence the shell game).   If lots of people vote yes on Question 1, then the Question 1 proponents can browbeat legislators into passing, supposedly, their version of legislation that they were unable to get signatures for to get on the ballot. (Of course, politics being what it is, there is no guarantee that what we end up with will look anything like what the proponents are selling.)

But we want more money in K-12 education!  Do the ends justify the means?  Never!  Why are legislators wary of raising taxes? Because the legislators must represent their constituents and run for re-election.  Gas taxes negatively impact those who are struggling, working multiple jobs to make ends meet, and those who live farther away in rural areas than those on the Wasatch Front.  Legislators in those areas would be motivated to discuss and debate ways in which their constituents will be less impacted.  However, the majority of people in Utah live on the Wasatch Front.  So, Question 1 Proponents assume the majority of Utahns will support Question 1.  If you and your neighbors can feel good about "helping kids" (and college students and roads), then who cares if we make those who can least afford the gas tax increase suffer?  Majority rules.  And tyranny by the majority is becoming the way to get your pet policies passed into law, especially if you're rich and can spend tons of money to influence an election.

The solution: Donate RIGHT NOW to our Alpine District Foundation.  Don't wait for the legislature or Our Schools Now or a ballot initiative.  You can donate to:

•  the district as a whole, 
• an entire school (look to donate to our specialty schools like Summit, Polaris, Horizon, or Dan Peterson), 
• a program: band, drama, history, or 
• directly to a classroom at a given school.  

Your donation is tax-deductible and will go exactly where you want it to go.  You can also donate supplies or other materials as well.  Want to donate a set of trombones to the band?  You can do that.  And what's better than just donating directly to our schools?  You don't force others to spend more money on a gas tax that will help pay for roads and college students.  Imagine if those who have spent MILLIONS to finance the Question 1 ads had, instead, donated that money to their local schools!  (P.S.  For those in other districts, you have a foundation too!)

For more information on my concerns with Question 1, click here to see my video.  (Side note: did you know Utah spends the largest percentage (40%) of its budget on education, more than any other state in the country?)

In the future, if Question 1 succeeds in changing state law, mark my words, it will become the method of choice for those with time and money to circumvent the average person's voice. Just a reminder that checks and balances and separation of powers are the bedrocks of our freedom.  Direct democracy: going to the majority of the people and using them as the big stick to beat the legislators up with, violates those principles and disenfranchises those who don't have the time, money or power to object. This is an unraveling of the checks and balances that prevent that other "golden rule"--the person with the gold, makes the rules--from destroying freedom.  Success on Question 1 doesn't bode well for freedom in the future.  Please VOTE NO on QUESTION 1, and I promise you it doesn't mean you hate children.

School Board Races

State Board:
I, personally, like both District 9 candidates for State Board.  However, if you voted for me because of my support for traditional math and my opposition to Common Core, you will want to support Avalie Muhlestein.  I appreciate her outside-the-box vision for education, and her desire to get rid of so much state-level accountability that sucks up time, money, and other resources that could be returned to the local level to pay more for teachers.  At the end of the day, we have state-level accountability because we don't trust our local people and our local teachers.  I want to trust our local people and get the state out of the accountability and data collection business.  I recommend you read through her platform and her issues, and consider a donation to Avalie's campaign.

Alpine School District:
The West area is the only race for ASD where there is much discussion and debate (see below).  For the other 3 races, I predict Amber Bonner (my area--ASD2), Sarah Beeson (AF--ASD3), and Ada Wilson (W. Orem--ASD5).  I had actually hoped there would be more debate, discussion and involvement in these races.  But, unfortunately, very few people are willing to run for school board. (3 seats are up in 2 more years, so start thinking about public service.)  While it is often a thankless job, our society is stronger when people are willing to step up to the plate and serve their community in elective office.  I'm grateful for all those who have thrown their hats into this ring.

For those in my area, I will be voting for Amber Bonner. Amber is very active and involved, has kids still in the schools, and asks questions.  She thinks things through, and wants, more than anything, to have smaller class sizes.  And she find ways to support teachers.  I think Amber will do an excellent job as our representative.  And most importantly (to me, at least), Amber listens to different perspectives.  And even if you see things differently, Amber knows you can still "care about kids." (Our inside joke.)

In ASD 1 (Westlake area), again, I, personally, like both the candidates.  But, my endorsement goes 110% to Julie King (see here and here).  Julie is a tireless advocate for parents and for finding ways to make things work for those kids who just don't fit neatly in the "box".  Instead of trying to find ways to make everyone the same, Julie is actively facilitating parents finding the perfect match for their individual kids in our system.  Julie is a "doer".  She has been a District Community Council rep at our special needs school out west, Horizon.  On one of her first visits, she realized they had serious problems with the entry doors.  She took it upon herself to find a way to get those doors fixed. Julie is supportive of fixing math, getting better standards (not CC or NGSS), expanding Gifted and Talented options, securing Data Privacy, and PARENTAL RIGHTS.  My only regret about not running again is not being able to serve with Julie on the board.  We have served together on the State Board's Data Privacy Commission, and she always has such interesting insights from her experience in Social Work, with the Juvenile Justice system, and as a Foster Parent.  Whether you are in her voting area or not, please consider donating to her campaign.

ESSA Opt Out Denial from the Feds: My Comments to the State Board

In June, the State Board was notified by the US Department of Ed, that their ESSA waiver request was denied.  The State Board requested the waiver in order to comply with Utah's Opt Out law that allows parents to Opt Out of state testing without penalty to the school, the employees or the student.  (Please read the linked waiver request.  State Supt. Dickson explains it perfectly.)  The Federal ESSA bribery plan requires that 95% of all students in the state take the same state test. So, parents, your rights are being sold for federal money, and a paltry sum at that.

I addressed the State Board at their June meeting, asking them to stand strong against the Feds.  (About 2% of Utah's education budget could be at risk for not complying with this provision of ESSA.  BTW, anyone else remember how ESSA was hailed as THE most wonderful of federal education bills because it RETURNED POWER OVER EDUCATION TO THE STATES?  Also, remember how those of us who read it said that it really didn't?  Yeah.  Shocked, aren't we?)

Since that time, the State Superintendent and State Board Chair renegotiated language and requested a one year moratorium on giving opted out students a 0 for the calculation of school grades.  (Cause kids who don't take the test would have definitely received a 0 for their lack of proficiency.  Wouldn't using an average score make more sense, if you really wanted to know how a school was doing?)  The Feds approved that request, even though it won't given an accurate picture of how a school is doing--assuming you think SAGE/RISE/ASPIRE is an accurate measure.  Instead, this will create a perverse incentive for schools to bully parents to make their kids take a test they have every right to reject.  We are now pitting teachers and parents against each other.  That's a phenomenally bad idea!!

At any rate, here are my comments from the June 7 Board Meeting.

I am speaking on the denial of the ESSA waiver and ask you to defend Utah's opt out provision. The right of parents to direct their own child's education is protected in Utah law. But that right is not granted by the State of Utah. It is merely protected by the laws of our state. As such, those rights are not rights elected officials can choose to remove at the request of the US Government.

The 10th Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” In a 1982, Utah Supreme Court ruling, Justice Dallin H. Oaks stated: “The rights inherent in family relationships...are the most obvious examples of rights retained by the people. They are “natural,” “intrinsic,” or “prior” in the sense that our Constitutions presuppose them..” Utah Code says: A student's parent or guardian is the primary person responsible for the education of the student, and the state is in a secondary and supportive role...

Our current opt out provision is consistent with natural rights and our state and federal constitutions. We stand on solid, legal grounds. ESSA is a voluntary grant program from the federal government. They have no legal right to require parents to not opt their kids out of SAGE testing. And the Department of Ed will never know, see or care about the students who are harmed by this policy. The State of Utah has the solemn DUTY to protect and preserve those parental rights. And yet, at the point that the Feds offer money and ask us to circumvent those natural rights, should we go ahead and do so? If ESSA were not a voluntary grant, but were instead legally binding on the state of Utah, it would be declared unconstitutional. Instead, the US Department of Education can bribe Utahns to give up our state sovereignty and the natural rights of our citizens because they offer a caveat of money if we “choose” to comply. If we agree, we “choose” to remove some of the fundamental rights we each swore an oath to protect.

In that same ruling, Justice Oaks explains: “We conclude that the right of a parent not to be deprived of parental rights without a showing of unfitness, abandonment, or substantial neglect is ...so basic to our constitutional order that it ranks among those rights referred to in ...the [Utah and the] United States Constitution as being retained by the people.”

With a single vote by this body, in exchange for monetary compensation, parents throughout the state of Utah can be deprived of their parental rights without due process, without showing unfitness or substantial neglect.

We all know from past experience that the US Department of Ed is playing a game of political “chicken”. They are hoping we will back down. How can they justify penalizing the State of Utah because we are protecting parental rights and fulfilling our oaths to support the US Constitution and the unalienable rights it was designed to protect? Please stand strong and tell the US Department of Education they must reconsider. Inform them you are unable to violate the rights of the people you swore an oath to protect.

Common Core IS NOT Dead, Board Goals, State Issues

A lot is going on in education.  Most importantly, tomorrow, Tuesday, Jan. 23, our Board will have a retreat to set goals for the district for 2018.  Please email me or reply on facebook with what goals you would like us to set.  (I can bring up to 2 goals, but I would like to see all your thoughts.)

I'm going to give you a brief summary of what's going on Locally, Statewide and Nationally in education.

Local:

1. Board Retreat, setting Board Goals.  Review of 21st Century Learning/STEAM schools.  It is the school district's plan to convert all of our schools into 21st Century/STEAM schools.  Right now, Cedar Ridge, Ridgeline and Highland (if I recall) in my area are all 21st Century Learning.  This means more project-based learning, less memorization, more technology and a focus on the 6 C's: Collaboration, Communication, Critical Thinking, Creativity, Citizenship, Character.  

I, personally, have grave concerns with more tech in schools, especially with the emphasis on character traits and values, as evidenced by the 6 C's and the national ESSA (replacement for No Child Left Behind) requirements.  More on ESSA below.  Here is an interesting read on Critical Thinking that I agree with.  https://www.memoriapress.com/articles/the-critical-thinking-skills-hoax/

2. The Board set up a Local Building Authority last meeting to facilitate paying for the rebuild of Scera Park Elementary in Orem without raising taxes or going through a bond.  You can read more about it on my blog: https://wendy4asd.blogspot.com/2018/01/local-building-authority.html

3. This is an election year.  4 Alpine Board Seats will be up for election this year, as well as 1 State Board seat in our area.  I would like to encourage everyone to take a moment and think seriously about running for office.  The 4 ASD Seats are: Saratoga Springs/Eagle Mountain (currently held by Paula Hill who will not be running again), American Fork (currently held by John Burton), West Orem (currently held by JoDee Sundberg), and Highland/Alpine/Cedar Hills (currently my seat).  As always,  I welcome any and all to throw their hats into the ring.  Civil public debate is the BEST way to get the best ideas working for our kids.  The State Board seat is currently held by Joel Wright and covers most of ASD, except Orem and a small part out West.  Government of the people, by the people and for the people requires not just a few people involved, but all of us.  And the Founders expected that people would rotate their service in public office.  The deadline to file is mid-March.

State:

1. The State is close to releasing the new science standards for grades 5, 9-12.  Since the Grade 6-8 standards are a rewording of the Next Generation Science Standards (NGSS), it is my personal belief that the Board will adopt, without hesitation, the NGSS for these grades as well.  I have many concerns about these standards, but the biggest one is that Utah currently scores higher on ACT science than any state that also tests 100% of its juniors, not just those who self-select as wanting to go to college.  (That means our scores will be lower, on average, than those states that let kids decide whether to take the ACT or not.)  We also score higher than the national average on the science portion of the ACT.  So, I'm unsure why we would adopt standards that show other states doing more poorly.  Not to mention that the math is almost non-existent, as are body systems, chemistry and physics.  Also, Utah's current science standards (except Grades 6-8) received a B grade.  NGSS received a C from Fordham Foundation.  You can read more by searching NGSS on my blog: https://wendy4asd.blogspot.com/search?q=ngss  Here's the video from when we adopted Grades 6-8: https://wendy4asd.blogspot.com/2015/11/utahs-new-science-standards-national.html  The arguments are the same.  Please share with your friends and neighbors and ask them to contact the state board: board@schools.utah.gov to express their concern or their support.  If you are supportive, I would love to know why and where the NGSS has worked and by what measures it has worked.
2. The State's ESSA plan was rejected, in large part, due to our opting out of SAGE.  Rather than finding out why parents don't want their kids to take SAGE, the Board is looking at renaming SAGE.  They have hired a new testing vendor, Questar, to continue with the SAGE testing, but the terms of the proposal indicate we need to continue to use the same questions as SAGE.  So, new vendor, same questions, new name.  
3. Associated with that, the State Board is deciding how they want to handle the ESSA rejection by the Feds.  Please remember, when ESSA was being passed, everyone said that it returned Local Control of education to the states.  Those of us who opposed it said that it wouldn't.  What does everyone think now?  The options are 1) Ask the US Dept of Ed for a waiver for the opt out provisions, 2) Tell the Feds we don't want their Title 1 money and ask the Legislature to make up the difference in funding (my preference) or 3) Change state law to REQUIRE parents to submit their kids to SAGE testing against their will (Land of the Free?)  I have good reason to believe that if the State Board were to play their cards right, the Feds would be hard-pressed to hold back funding for the lowest socio-economic strata of kids in the lowest funded state in the nation.  But they'll try. 
4. The Legislature is in session.  1300 bills opened about education, if I remember correctly.  Please pay attention and email your legislators.  I'm sure there will be a desire to limit opting out of SAGE testing and other measures designed to limit parents in their primary role of raising their kids.

Feds:

1. ESSA requires a measurement for non-cognitive measures.  Just watch how everything will be focused on things like GRIT and perseverance, as well as technology.  The "nice" thing about technology is that you can have second-by-second information about your kid sent to a computer program to determine if your kid has the right attitudes, values and beliefs.  The desire to have knowledge is over.  "The most controversial issues of the twenty-first century will pertain to the ends and means of modifying human behavior and who shall determine them. The first educational question will not be 'what knowledge is of the most worth?' but 'what kinds of human beings do we wish to produce?' The possibilities virtually defy our imagination." (John I. Goodlad) 
2. Secretary DeVos declares the "Common Core is dead!"  It's not.  Not by a long shot, and that is in large part due to ESSA.  You can read more about that here:  https://truthinamericaneducation.com/common-core-state-standards/betsy-devos-aei-american-enterprise-institute/  Please share this information with friends and neighbors.  Most BAD Educational ideas never die.  They just get renamed, rebranded and shilled to the public again as the "latest and greatest" education silver bullet.  

State Board Allows Greater Local Control for Middle School

The State Board voted in a 9-6 vote to allow greater flexibility in Middle School for local boards and parents. They still require English, Math, Science and History, but the electives are to be determined by the local board. They require PE, Fine Arts, CTE, Health and so forth to be offered, but not required, by law/board policy, for every child. This will allow us, as a local board, to set the requirements and any exceptions at the district level.

Below is my email thanking the State Board for this greater freedom. Many people are very concerned because the news headlines read that the State Board had eliminated PE and Health. They didn't eliminate it, they are opening up the requirements so the local boards can customize as they see fit. This is a huge win in the local control column. Please take a moment to thank the State Board for this action.

*****************************************************************************************************************
Dear State Board Members,

I just want to thank you for supporting increased local control last week in allowing us, as locally-elected school board members, to set the requirements for elective courses such as Band, PE, and CTE. Thank you for having the confidence in us, and the parents we represent, to be allowed the flexibility to legally make exceptions for students who don't fit the mold, who might have reasons for not needing PE, Health, CTE and so forth.

The biggest problem I see in education is we are trending toward more centralized control and more standardization. While we all acknowledge the individuality and uniqueness of every child, too often in a large system, such as ours, that individuality can be shut out and lost as we try to mandate all things to all people. And yet, the best answers are always those that allow more freedom for the individual to make the decisions that most directly impact himself or herself. In this case, that means the parents and those elected, most directly, to represent them.

For those of you who disagreed with the decision, I hope you will give us a chance, at the local level, to prove that we are worthy of the trust of our communities. I fear that our schools are becoming too aligned with testing and results and pushing for workforce skills and missing out on the wide variety of educational opportunities. So, be assured, that I will be on the front lines of making sure that we continue to offer a full complement of classes to meet our individual students' needs.

I hope going forward you will be inclined to look at the high school requirements, in a similar vein.

Additionally, it would be fantastic if you allowed districts to choose to adopt a non-integrated math option and to go with the traditional sequence of Algebra 1, Geometry, Algebra 2, pre-Calculus and then Calculus. An additional track that would allow for Algebra 1 to start in 8th grade like it used to before we adopted the Common Core standards for math in 2010 would be fantastic. It would allow the average student to take Calculus as a senior without having to cram 4 years' worth of high-level math into 3 years. (I have heard that the concern is SAGE testing, and I'd be happy to address why that shouldn't be a big issue at all.) Personally, I would combine Intermediate 1 and 2 and pick the most important topics from both (the majority of Int 2 is of greater importance than Int 1, despite that the CC standards in the Appendix stated that you could start Algebra 1 in 8th grade after completing their 7th grade sequence. They are incorrect.) Even better, just restore the pre-Algebra standards from 2007. Of course, in my world of worlds, the 2007 math standards would be adopted in place of what we currently have, but I digress onto my favorite topic. ;-)

Sorry for the length of my email. I am just so thrilled to finally see just a bit of control returned to our local boards and parents! This is something that people have wanted since I ran for the first time in 2010. When you knock on people's doors and talk to them, their concerns always center around what isn't working for their individual child. We need to allow greater flexibility just like this going forward.

Sincerely,

Wendy Hart
Mother of 3
Alpine School Board Member for Alpine, Cedar Hills and Highland

HB215--CSE: No One's Child is Safe While the Legislature is in Session

Disclaimer: the topic of this blog post is mature but it is necessary for parents to be properly informed about their children's education.  Comments will not be accepted for this post.

Mark Twain famously said, "No man's life, liberty or property is safe while the legislature is in session."  He should have added children to the mix.

The most pressing issue, in my opinion, is HB215.  This modifies state law to allow for greater latitude in teaching children sexuality education (also known as Comprehensive Sexuality Education or CSE) which, as it has been implemented in other states, goes far beyond biology and medical facts. HB215:

 1) decriminalizes providing IUD's and abortion services to minor children without parental consent and
2) REMOVES some common-sense prohibitions from school curriculum guidelines in K-12.

For example, current law includes the following that will be removed should this law pass.

1. Stressing the importance of abstinence before marriage and fidelity after marriage as methods for preventing certain communicable diseases. *
2. Instruction is not allowed to facilitate or encourage the violation of any state or federal criminal law.*
3. Local school district material is not currently allowed to go into "how to", including erotic behavior, etc.**

Our current state law allows for abstinence-based instruction, not abstinence-only.  It is also Opt-in, meaning parents have to agree to let their children participate.  Parents also are able to review the contents and in many cases are invited to attend.  To see the current FAQs from the State Board website, click here.  These FAQs indicate what is CURRENTLY being taught.  Everything proponents of CSE and this bill state, are already being taught and discussed.

The media is trying to portray our current instruction as being too prudish and not providing students with accurate information.  A poll asked Utahns if they preferred an ***abstinence-ONLY approach versus a comprehensive approach.  No definition of what these two terms meant was provided. Most people approved of the 'comprehensive' approach.  But it most decidedly didn't ask if instruction in erotic behavior should be included in K-12 school curricula.

For information on how CSE is being marketed here and used in other states, please download this PowerPoint.  If you look at lines 136-144, lines 191-197, lines 220-240 and lines 260-26 in HB215, you will see what state law is being changed that will now allow CSE curricula as outlined in the PowerPoint.  The worst part is that CSE downplays the risk factors that lead to unwanted pregnancies and STIs.  In the interest of providing a 'more comprehensive' sexual instruction to our children, we are doing them a grave disservice by downplaying the risks (both physical and emotional) that accompany sexual activity.

The job of the schools is not to promote a view of society absent reality.  Our job should be to present the facts that our children will need about this important topic.  Everything else, parents can choose to present at home.

Additional resources:
Talking Points on HB215: https://drive.google.com/open?id=0BzUjUSlTes-4XzNOTzVHZnZiQjg

War on Children video (10 min or 35 min documentary):  http://www.comprehensivesexualityeducation.org/

1 hour presentation by Dr. Miriam Grossman, M.D. on a CSE curricula being implemented in Ontario, Canada.  About 19 minutes in she compares the instruction on smoking and alcohol to CSE and then provides medical information that most people didn't learn in school either.  Note: This is what CSE should actually mean.
https://www.youtube.com/watch?v=21YvYPD56-U


* [(b) (i) That instruction shall stress:]
137          [(A) the importance of abstinence from all sexual activity before marriage and fidelity
138     after marriage as methods for preventing certain communicable diseases; and]
139          [(B) personal skills that encourage individual choice of abstinence and fidelity.]
140          [(ii) (A) At no time may instruction be provided, including responses to spontaneous
141     questions raised by students, regarding any means or methods that facilitate or encourage the
142     violation of any state or federal criminal law by a minor or an adult.]
143          [(B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to a
144     spontaneous question as long as the response is consistent with the provisions of this section.]

** [emphasizing abstinence
192     before marriage and fidelity after marriage, and prohibiting instruction in:];
193          [(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;]
194          [(II) the advocacy of homosexuality;]
195          [(III) the advocacy or encouragement of the use of contraceptive methods or devices;
196     or]
197          [(IV) the advocacy of sexual activity outside of marriage;]

***Utah law allows for an abstinence-based approach, not abstinence-only.  So, the poll was disingenuous to begin with.

Feds and Bonds: Summer Happenings

There are two items of importance for your consideration and action: ESSA public comments (the reauthorization of No Child Left Behind has a set of regulations open for public comment.  Hint: They are the textbook definition of overreach and federal control) and the proposed Bond for 2016.

The ESSA public comment period has a deadline of Monday, Aug. 1, 2016.  The bond will be voted on by the Board Tuesday, Aug. 16, 2016.

ESSA Regulations
In December, 2015, Congress passed the reauthorization of No Child Left Behind (NCLB), nicknamed the Every Student Succeeds Act (ESSA).  At the time, I said I was opposed to it, due to the 1 step forward, 2 steps backward attempt at 'removing' federal control in education.  I still believe ESSA to be a net negative (Yes, as bad or worse than NCLB).  However, those members of Congress who voted for it, generally, see the regulations that the US Dept of Ed have put out on ESSA to be an egregious overreach of the law, itself.  (Find the Regulations here: http://www2.ed.gov/policy/elsec/leg/essa/index.html?src=essa-resources)

The biggest area of concern (and there are many) is the recommendation that schools with high opt-out rates of  Common Core testing be penalized.  See this article: http://longisland.news12.com/news/us-education-secretary-john-b-king-penalize-schools-with-high-rates-of-common-core-opt-outs-1.12031057  In June, I attended a training session on ESSA presented by the National School Boards Association (aptly titled: A New Federalism).  The presenter, an attorney, recommended that we work with our legislators to remove the ability of parents to opt their kids out of state testing.  The consequence, she said, would be to jeopardize our federal funding under ESSA.  So, the one avenue parents have to protest and to protect their students is under attack by the 'new' supposedly kinder, gentler, less-federal-encroachment law.  Additionally, I asked how they would be able to do this when some states, like Utah, for example, have opting out codified in state law, the state law predates ESSA, and under the 10th Amendment, the states would have jurisdiction in this area that the feds clearly do not.  Her response, paraphrasing, "Since the monies in ESSA are 'voluntary', you will not be able to get someone to challenge it on 10th Amendment grounds."  In short, by taking the federal monies from ESSA, we are subverting state (and natural) law--voluntarily. 

Also, the ESSA includes the 'Family Fixing Policy' as it is described by education blogger Peter Greene.  I wrote about this at the end of last year: http://wendy4asd.blogspot.com/2015/12/jan-4-2016-deadline-to-support-family.html  Nothing we want taking place in our state.  The concern is that if the Feds have the ability to (which it appears they do) to force states to do what they want, then the State Board will have no options (other than rejecting federal funding) in creating their 'Family Engagement Plan'.  It will have to come very close to what the US Dept of Ed has proposed. 

Incidentally, the NSBA presenter mentioned that the regulations overseeing how Special Education students are dealt with under ESSA were, to put it bluntly, a nightmare.  She said they were not out for public comment yet, but they were on the US Dept of Ed website.  I haven't found them yet, but if you do, please let me know. 

Take Action on ESSA:
1. An organization, US PIE (US Parents Involved in Education) has as its goal the elimination of the US Department of Ed.  They have drafted a letter to send to Congress.  You may add your name by emailing afew@uspie.org and asking to be added to the letter.  Include your name and title and state.
2. Comment on the US Dept of Ed regulations BY AUGUST 1 (MONDAY)!  https://www.regulations.gov/comment?D=ED-2016-OESE-0032-0001
3. Contact your members of Congress and make sure they know the Dept of Ed is over-stepping it's bounds.
4. If you like twitter, use the hashtag #ReignInTheKing and #StopFedEd

ASD 2016 Bond
The Board will vote on Tuesday, Aug. 16, 2016 on whether or not to place a bond on the ballot for your consideration in November.  This bond is proposed to be $386 Million and cover projects over the next 4 years.  There will be no projected tax increase for the average $250,000 home, due to the interest rates, project schedule, and retirement of existing bonds.  For more information on the bond, go here.  (The 2011 bond was $210 Million.)

Originally, there were many items included in the bond, like technology infrastructure and key-card-security access, but they seemed to take a back-seat to the growth and maintenance of schools.  As such, those items were removed and the proposed projects can be found here: https://drive.google.com/open?id=0BzUjUSlTes-4TjhBQXUtQlFjdjA  I would appreciate your comments as soon as possible on these items, as there is not much chance for public feedback at this point.  You are welcome to come and comment on the 16th, but by then, it is mostly a done deal. 

Personally, while I like Clear Creek, I think we should focus our resources on more school buildings instead of Clear Creek. I believe the parents who have kids in overcrowded schools would prefer more day-to-day school buildings than the benefit of Clear Creek. Additionally, I think we could probably get funding from other sources (corporate and personal donations), to determine the exact benefit our parents find from programs like Clear Creek.  (I, personally, enjoyed Clear Creek with my daughter, but I think when it comes to prioritizing our bond projects, more schools outweighs the benefits of Clear Creek.  You may disagree, but that's why I'm asking for input.) 

My take:
I will, most likely, vote to put the bond on the ballot.  There are serious growth concerns in Lehi and the West that I can't see being able to fund in the short-term without bonding.  Our district has a great track record of keeping its promises on bonds, getting the best interest rates, and keeping tax rates low.  So, if you must use a bonding model, I think Alpine School District and our Business Services Department do a great job!

However, in the Highland, Alpine, and Cedar Hills area, bonding is probably not a logical choice.  We have a few minor items that are included in every bond, but we are essentially paying for building and maintenance in the other areas across the district.  (For Alpine/Highland/Cedar Hills: 2011 bond: 1% of the bond.  2016 proposed bond: 1% of the bond.)  I've been told that not wanting to pay for others' buildings is selfish.  But, my response is simply this.  Property taxation should not expand beyond those who are receiving the benefit of the property tax; otherwise, any meaningful checks and balances on property taxation are lost.  So, like in this instance, there are enough people in the rest of the district that want/need what is being proposed on the bond they can force those in the other areas to pay for those needs.  (And I remind you I don't think those buildings are a bad thing.  They are truly needed.  It just goes back to self-sufficiency, and the need for checks and balances on government processes.) This is one of the difficulties in bonding over a large area, like our district.

The other possible downside is in the high-growth or older areas that require more building, the bond dollars have to be spread around in order to have broad support.  If you are in Lehi, it would probably take much less time to get all those buildings done because you wouldn't have to pay for Orem or AF or Eagle Mountain..., and the question is whether or not the cost to Lehi would be significantly more than spreading it over the entire district.  Since Lehi is a high growth area, arguably, the increased property values in that area might equal the increased need in buildings.  These are questions I don't have the answers to.  But they are questions we should be asking. 

So, as an example, take Highland City.  It seems every year the City Council raises taxes to fix the roads, and every year, the residents pass a referendum to prevent it.  It's the check and balance that is needed.  If residents prefer to drive on lousy roads in order to keep their property taxes low, then that is their right.  If, however, Highland residents could expand their tax base out to Alpine and Cedar Hills and make them pay for Highland's road construction, there might be less resistance from Highland residents.  But would that be right?  Property tax exists to allow residents of a particular community to tax themselves for a particular benefit.  They pay the price, but they also receive the benefit.  If you are paying more than you are receiving in benefit or vice versa, then the checks and balances are misaligned.  And you will find people voting to take money from others to pay for their needs, instead of bearing the burden themselves.  If we want to help other areas of the district, in the long term, I believe working with the legislature to do the following would be better governance than bonding across the district every 4-5 years.  (Note: these items might not eliminate bonding, but they are better models for government and the bonded amounts would be smaller and more targeted, I believe.)

1. Change the law to allow impact fees to be used for school buildings.  (Impact fees are charged to developers for things like sewer lines and water.  15 or so years ago, the legislature, when the Senate President was a realtor, banned the use of impact fees for schools.  This means we don't have a way of getting more funding to build school buildings in growth areas other than property taxation and bonding.  We don't get to plan in advance and assess monies for schools to be built as cities grow.  And the growing areas are dependent upon the rest of the district for funding/bonding, as well.  The argument against impact fees is that it increases the cost of new developments.  However, to me, that's like saying we can't charge impact fees for water because it would increase the cost.  If you are building, we are obligated to provide you with water.  If you are building, we are obligated to provide schools. Without impact fees, we are reacting to growth instead of being able to plan in advance and prepare.)

2. Remove (or reduce) 'special programs' like technology grants and so forth that limit what funding can be used for at the local level.  Special programs and state grants turn the legislature into a super school board--dictating what projects are of most value in their eyes.  If we had the chance to get money for technology or for school buildings, each district might choose differently, but that is why you have a locally-elected school board--to decide how the money should best be used.

3. Reduce or eliminate the amount of income tax money funding higher ed.  Once upon a time 100% of our income taxes went to K-12 education.  The legislature changed this to allow a portion to also go to higher ed.  Over time, the percentage going to higher ed has successively increased, and reduced K-12 by the same amount.  We are obligated under our State Constitution to provide a free, public education for all our students K-12.  We are not obligated to subsidize higher ed.  If we want to subsidize higher ed, the money should come from outside the income tax amounts and should probably be reduced.  If we can't provide places for our K-12 children to learn, but we are subsidizing higher ed, we have our priorities backward. 

Please share this information with your neighbors.  Ask them to comment on the ESSA regulations, as well as on the bond, and any proposals to deal with growth and maintenance issues going forward.  Our district can represent you, but only if you are willing to weigh in on the things that matter to you!

A Thankful Heart Is the Greatest Virtue: Informed and Involved

'A thankful heart is not only the greatest virtue, but the parent of all other virtues.' --Cicero

I want to start by thanking all of you for your support throughout these past 6 years for the principles that I have tried to stand for.  It was especially felt during this past legislative session with the numbers of calls, texts, and emails that were sent to our legislators.  I am grateful to all of our legislators, even those I vehemently disagree with, for taking the many hours of time and energy and the mocks and scorns of the populace that they are oath-bound to represent.  But I am even more grateful to you, the many moms and dads, everyday people, who are willing to take a little time out of your day to defend the family, protect parents' rights, and demand that parents and teacher decide what knowledge is of most worth.

I am writing to once again enlist your aid: To Run for Public Office or to Support Another Who Shares Your Principles.  You can FILE to run up to THIS THURSDAY, March 17, at the County Elections Office (in Utah County, that's in Provo).

The point of running for office is about the principles that you are willing to stand up and defend. Do you want to defend the family?  Do you want to defend individual freedom?  Do you want to support parents and teachers deciding what knowledge is of most worth to pass along to our children?  If so, you qualify.  The goal of a government 'of the people, by the people, and for the people' is that the people are the ones who are involved, overseeing it and running it.  If you haven't served as a state or county delegate, if you haven't attended a caucus meeting, if you haven't filed to run for office, think seriously about doing so.  You are who we need in the country, not those who seek office for power or glory, but who seek it to maintain freedom and liberty.  

FIRST, for school board.  Abraham Lincoln said, "The philosophy of the school room in one generation is the philosophy of the government in the next."  I would argue that who is elected to Local and State School Board positions could have a greater impact on the direction of our country than the president.  (And as the Founders understood it, it really should.)

Alpine School District, ASD4 (PG/Lindon), ASD6 (Lehi), ASD7 (East Orem).  The only incumbent seeking re-election is Scott Carlson in ASD6.  I do not believe that any office should go uncontested, and certainly, any office where those running do not share the vast majority of your principles.  If you have ever thought, "Why don't we have anyone I like running for office", that is a call to arms.  You should be running.

In our predominantly LDS culture, we are used to taking upon ourselves leadership responsibilities and rotating that responsibility around to different members of the ward family.  In a similar manner, our Founders felt that public office should be rotated around to the different community members as a sense of civic obligation and personal duty.  It was assumed that most people would be willing and able to serve 2 - 4 year terms, and then return home to their families, their farms, and their livelihoods. Politics was never supposed to be a professional occupation.  And if you've ever wondered about why we are headed in the direction that we are, I would emphatically argue it is BECAUSE average people don't run for public office.  Many years ago, William F. Buckley, paraphrasing, said that he'd rather be governed by the first 535 names in the New York Phonebook than by the members of Congress. And yet, THAT is exactly what our Founders envisioned: everday people, representing their neighbors, their families, and their friends.

Opportunities for public service are just that, opportunities for service.  Here are several that I would ask you to seriously consider.

1. Attend your party's caucus meeting on March 22.  (An excellent article on the caucus is here.)

2.Vote in the Presidential Preference Poll (this IS the presidential primary for Utah).
3. Run for State or County delegate at your precinct or support someone who shares your principles.
4. Run for Public Office yourself, unless you find someone who shares your principles.  Then campaign on their behalf.  (Money is good, but time is better.)

Some Public Offices that are up for election this year. For more information, go here.

Local:
ASD 4, 6, and 7: If you are in one of those areas, think seriously about running for office.

County:
State Senator
State House
Utah County Commission, Seat C


State:
State School Board (My specific area is not up, but half the State Board seats are.  In UT County: 11, 12, and 13)
State Attorney General
State Auditor
State Treasurer
Governor/Lt. Governor

Federal:
US House of Representatives (all seats)
US Senate (1 seat)
President/Vice-President

Most people are unaware that every two years 100% of the US House of Representatives and 33% of the US Senate are up for election.

In Utah, 100% of the State House of Representatives and 50% of the State Senate are up for election.

We, the People, have the opportunity to completely change the direction things are going every two years, or to reinforce what is being done.  And sometimes we reinforce it by our apathy.

Informed and Involved is the only way to maintain freedom.  And it isn't once every four years by voting for president.  The most important elections are those closest to you!  It is our responsibility to be informed and then to be involved.

Thomas Jefferson said, "If a nation expects to be ignorant and free,.. it expects what never was and never will be.  If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed."

More Possible State Laws: Parental Rights Under Attack

Update: Feb. 16, 2016: The House Ed Committee voted against passing HB164 out of committee and on to the rest of the House.  Please thank Reps Fawson, Coleman, Lifferth, Christensen, Noel, Gibson, and McCay for their Nay votes!  And thanks to all of you who wrote letters and to those who commented during the committee hearing!

Our parental rights are being challenged as our legislature is in the midst of its 45-day session.  What there is no dearth of is possible laws regarding education, and some of them directly impacting your responsibilities and rights as a parent.

It's important to remember that the role of government is to protect rights, to not to 'create common good' or to 'facilitate good outcomes and the best of intentions.'  Please remember what Road is paved with good intentions.  A quote usually misattributed to Voltaire reads, 'I disapprove of what you say, but I will defend to the death your right to say it.'  In making laws, it is important to put yourself on the receiving end of the penalties of the law.  If you are supportive of SAGE testing, please imagine if the tests were changed and you were not supportive.  How does someone else not having their child take the test impact your ability to raise your child as you see fit?  It doesn't.  This is what freedom looks like.  It isn't all of us agreeing all the time on what is 'good' or 'right' or 'best.'  It is allowing others 'maximum latitude' to live their lives in such a way that you don't interfere with them and they don't interfere with you.

HB164: Opt Out of Testing is being limited
Please email and, if possible, attend the committee hearing, tomorrow, Tuesday, Feb. 16, 2016 at 2 pm in House Building, Room 30.

This legislation does three things, all of them wrong.

1. Allows the end-of-year testing (aka SAGE summative) to be used for student grades and grade promotion (going from 3rd to 4th grade?  Not if you fail this test.)

2. Limits parents' ability to opt out of all software/testing packages purchased by the state, like everything on SAGE (summative, formative, and interim), as well as things like Utah Compose.  Anything where the state contracted directly with a vendor, then state is directly responsible for data privacy, terms of use, and so forth.  Since there are no state privacy directives, the current law allows parents the ability to just avoid any 'questionable' data-mining programs provided by the state.  HB164 will still allow you to opt out of end-of-year tests, but all the others will result in possible negative consequences for your child.

3. Allows the State Board to create incentives for students who take the test.  Imagine, for a moment, that you have decided to opt your child out of SAGE testing.  Your child's best friend takes the test and gets a reward.  Your child, of course, KNOWS that his/her friend got this reward for taking the test.  This creates a positive home environment that supports you as a parent in what way?  I'll just leave it at that.

Here's a link to the bill.  http://le.utah.gov/~2016/bills/static/HB0164.html

(One note: underlined words are what the bill is adding.  Strike-out words are those being removed by the bill.  All the other words are what is currently in the law and will be left alone.)

Email addresses for the House Education Committee:
blast@le.utah.gov; vlsnow@le.utah.gov; lavarchristensen@le.utah.gov; kimcoleman@le.utah.gov;
brucecutler@le.utah.gov; seliason@le.utah.gov; justinfawson@le.utah.gov; fgibson@le.utah.gov;
ehutchings@le.utah.gov; dlifferth@le.utah.gov; dmccay@le.utah.gov; csmoss@le.utah.gov; mnoel@kanab.net; mariepoulson@le.utah.gov;

Please keep your remarks respectful and to the point.  My letter is listed below.

Additionally, Alpine's Board has asked our Assistant Superintendent, Rob Smith, to assist us at the legislature with bills that we all support or oppose unanimously, as well as, to articulate the principles upon which we have unanimity.  You can keep abreast of things that the Board supports, as a whole, at this link on our district's website.  http://alpineschools.org/legislature/  Since our board is quite diverse, I believe it is very important and impactful when we all agree on an issue.  We have, a few times in the past, weighed in on legislation, but are trying to do more.  Mr. Smith has an excellent rapport with our legislators, and I am pleased that he was willing to assist us in this manner.  It has been determined that Mr. Smith will discuss the board priorities and principles, but will not state that the board is supportive or opposed to any legislation in which we are not 100% agreed.  I believe this is an excellent position for us to take. 

SB38: Unanimous opposition by Alpine School Board
One of the bills that our board unanimously opposes is SB38, school funding amendments.  While many of us are supportive of charter schools, SB38 creates a scenario where the legislature decides charters need more money, and then takes it from the district schools.  As a result, the board will raise property taxes to compensate.  I expect to give a much broader description in the near future.  But, suffice it to say that I find it wrong for one entity to essentially delegate the consequences of their actions to another, e.g. make the local boards raise property taxes while the legislature washes its hands of it.  There are many more transparent options, if you find that charters need more money.  (On that, not everyone is agreed, including me.  From what I can tell, Alpine gets less money per student than the charters we would be giving our money to  Again, that's wrong.  While the charters in our area may get less money than the districts statewide, they will not be getting money from those districts, just Alpine.)


The following bills are ones I oppose that are generally not supported by the full board, but probably not as heavily opposed for their content as just for the idea of why should we have more programs with more strings instead of giving the money to the local districts and charters and letting us decide, based on your input.

SB67: More Family Replacement/Data Gathering Infrastructure
This bill creates an infrastructure for data gathering, and a three-way partnership for funding between private entities, the state, and the feds.  I'm sure there will be no problem with determining who is to blame for any failures when there is no real consistent overseer. (Sorry, for my sarcasm.)  I will go into more detail on this one, as well.  But the data collected, that includes physical and mental health information, can be shared with pretty much anyone who can claim to be part of an educational program.  Additionally, some of the 'pilot' schools and United Way are already asking parents to sign away their privacy rights under the Federal privacy act (from 1974) FERPA (which is mostly meaningless to begin with).  Health data is usually protected by a much broader law, called HIPAA.  At the very least, even if you believe that this program will be awesome (it sounds very nice and will help), student medical information should be protected at the higher HIPAA level.  The bill should be amended to require this level of protection. 

HB277: More technology grants
This bill 'allows' local districts and charters to apply for state grants for technology. More strings because the state can't trust us at the local level: board members, parents, and teachers, to do what they want.  So, they will call it locally-led, since we can propose what we want to be in the grant, but it does limit what we can do with it.  We have to apply for the grant (more paperwork and administrative overhead), administer it with the appropriate 'accountability' to the state, and next year, it might all go away, so it can't be anything very long term.  On the flip side, they could just take that money and put it on the WPU (Weighted Pupil Unit), which is how the state pays each school per student that they educate.  The money on the WPU, the more flexibility we have as a board to spend the way you would want.  The biggest issue in our district seems to be class sizes and building new schools for growing areas.  In short, it is possible that the best use of that money in Alpine would be for reducing class sizes, not giving everyone a Chromebook to be used in a class of 35.  But if HB277 passes, then the state has decided that there is no circumstance where this money should be used for anything other than what they think it should be used for.  The sad thing is that chances are we would use it the way they want, for the most part.  But it is NOT local control (despite what was said in the committee meeting).  It's the same as allowing you the ability to walk anywhere you choose...within the 9x9 confines of a prison cell.  And even if you never would want to walk outside those 81 sq.ft., there is no freedom in not being able to. 

Oh, and there is some evidence that this program nicely matches the technology initiative that is being pushed by the White House.  One parent's well-documented concerns to this affect were dismissed with a question about whether or not President Obama had helped write the bill.  You don't have to have the feds write something for your "plan" wherever it came from to 'fit' what they are proposing (good or bad).  A substitute motion to prohibit the use of federal funds or incentives in funding this program was rejected in the committee. 

Following legislation during this period is very important for maintaining our freedom and our liberties.  The best place to go is: www.le.utah.gov.  You can search bills by number, sponsor, or topic.  Every bill will go before a committee.  If passed out of the committee, it goes before the full body (either House or Senate, wherever the bill originated).  If it passes, then it goes to the other chamber's committee.  If it passes, then to the full body of that chamber.  If it passes, then on to the Governor for his signature.  So, there are many steps along the way in which we can weigh in, and help support or prevent legislation.  You voice can make a BIG DIFFERENCE with our legislators.  And be aware that so many other organizations have lobbying arms, including the Utah School Boards Association, Tech Firms, etc.  There is no lobbying organization for you.  So, be involved and make your voice heard.

And when it comes to your rights as parents, I leave you with the wise words of our Former Supreme Court Justice, Dallin H. Oaks, ruling in Re: JP in 1982.

The rights inherent in family relationships—husband-wife, parent-child, and sibling—are the most obvious examples of rights retained by the people. They are “natural,” “intrinsic,” or “prior” in the sense that our Constitutions presuppose them, as they presuppose the right to own and dispose of property....

The integrity of the family and the parents' inherent right and authority to rear their own children have been recognized as fundamental axioms of Anglo-American culture, presupposed by all our social, political, and legal institutions. “To protect the [individual] in his constitutionally guaranteed right to form and preserve the family is one of the basic principles for which organized government is established."... This parental right transcends all property and economic rights. It is rooted not in state or federal statutory or constitutional law, to which it is logically and chronologically prior, but in nature and human instinct....

We conclude that the right of a parent not to be deprived of parental rights without a showing of unfitness, abandonment, or substantial neglect is so fundamental to our society and so basic to our constitutional order that it ranks among those rights referred to in Article I, Section 25 of the Utah Constitution and the Ninth Amendment of the United State Constitution as being retained by the people... 

Family autonomy helps to assure the diversity characteristic of a free society. There is no surer way to preserve pluralism than to allow parents maximum latitude in rearing their own children. Much of the rich variety in American culture has been transmitted from generation to generation by determined parents who were acting against the best interest of their children, as defined by official dogma. Conversely, there is no surer way to threaten pluralism than to terminate the rights of parents who contradict officially approved values imposed by reformers empowered to determine what is in the “best interest” of someone else's child.

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My letter to our House Reps on the Education Committee asking them to OPPOSE HB164.

Please vote no on HB164 for the following reasons.

 

1. It allows end-of-year state tests to be used for individual student grades or grade promotion with no proof that the tests are valid or reliable or should even be used in such a fashion. 

 

2. It creates possible incentives for test takers, so the child who is opted out can watch those who did take the test (like the state told them to) get rewarded.  Does this not create a situation where a child is to be shown how 'wrong' their parent's decision was?  Furthermore, the child becomes the pawn between the schools and the parents.  It's really 'blackmailing' parents to 'encourage' them to allow the testing, so their child doesn't think they are mean and won't let them have the reward for test taking.  Since state law says that parents are primary and the state is secondary and supportive, I fail to see how this is supportive of the parent's wishes. 

3. It limits parents' ability to opt their kids out of anything but the end-of-year tests.  There is not demonstrable protection for student privacy and any sort of understanding as to how student data may or may not be used, as per the contract with our testing vendor, American Institutes for Research (AIR).  Not allowing parents to opt out of all versions of this testing, does not resolved the original data privacy concerns that parents have.  Those still exist.

If you'd like more information, please see below, or feel free to contact me at your convenience.

 

Even if you think there is no concern with SAGE testing, we should allow parents who do have concerns to protect their children as they see fit.  To limit this ability is to limit parental rights and to place the wishes and 'needs' of the state above that of the parents, and the individual child.  This is wrong, even if done with the goal of improving education. 

Thank you so much for your service to our state.

Wendy Hart

Alpine School Board, ASD2: Highland, Alpine, Cedar Hills

More information:

1. SAGE testing has never been validated.  In 2014, I and two of my fellow board members, Brian Halladay and Paula Hill, requested information from then associate superintendent Dr. Judy Park regarding validation and privacy (see below) concerns, and received no response.  The state of Florida, which purchased its test questions from Utah, attempted to do an independent validity study on Florida's version of SAGE.  There is some question about the validating organization truly being independent, there is some interesting information that we should be aware of.  Florida currently requires passage of this test for graduation and certain grade-level promotions. However, one of the conclusions was that Florida's test was not valid for individual student grades or promotions. 

I appreciate that teachers are being evaluated based on test scores.  I believe it is wrong (even if the test was valid) to use this as part of the teach evaluation process for many reasons that I won't cite here.  But teachers are adults.  It is more wrong to penalize minor children who don't pass the test and potentially impact them for the rest of their lives. 

Also, setting the proficiency scores was a very subjective process that began, not with an analysis of the content of the questions, but with a straight list of which questions had more right answers.  (The analysis of some of the questions, came later.) The assumption was that those with the least right answers were the most difficult.  That may be true in most cases, but it could be equally true for confusing or invalid questions, as well as those with incorrect answers.  Then the test was 'normed' to make sure there was a 40 - 45% proficiency outcome to match the NAEP and ACT tests. So, we created a target where 60% of the kids would be considered failing, and then we hit it.  If we know that our goal is to have 60% of the students fail, and we set the bar that way, how is it fair to then allow those scores to be used in student grades?

2. This sets a very dangerous precedent where the state is allowing parents to be set up to play the 'bad guy'.  Creating a possible rift between parent and child, even in the short term, should never be something the state sanctions, let alone agrees to. 

3. The SAGE platform comprises three types of testing: a. summative (end-of-year), b.interim (same or similar questions to end-of-year, not seen by the teacher, but can be given multiple times a year for practice and benchmarking), and c. formative (a software system that includes a databank of questions that teachers can select and/or contribute to for chapter tests, daily assignments).  Of the three types, the formative tests are the most insidious for data collection.  The VP of AIR, Jon Cohen, told a member of the parent panel that every mouse click and latency measures (how long it takes for the child's actions), as well as the actual submitted answers are being collected on the formative platform.  There is a huge amount of data being collected on every child that logs on.  Our contract does not limit what can or cannot be done with that data outside of their not sharing it with a 3rd party without the USOE's (not a parent's) consent.  AIR has over 20 subsidiary organizations that are involved in policy-making recommendations and other functions at the national level.  There would be no limitation placed on any of them or their employees on how that data was used in their own internal research or analysis.

My main concerns with the SAGE tests are: 1) there is no validation to show that what we are told is being tested, actually is what is being tested. 2) no guarantee of data privacy. In 2012, the US Dept of Ed changed their privacy regulations, allowing any personal student data to be shared with a 3rd party without parental knowledge or consent, as long as it was for an 'educational program.'  It's important to note that the term 'educational program' is undefined.  As a database analyst, by trade, it is important to note that there is so much data being collected on our kids in education, as well as other areas, these days, that it makes data privacy almost a mythical creature.  If I, as a parent, choose to limit that data collection on SAGE, I should have that right. 

 

The summative tests are the only type of SAGE testing that is being retained for parents to opt out of without consequences.  I spoke with Sen. Osmond (the previous sponsor and author of the current language in state code) about these three types of SAGE testing, and it was his intent to allow parents the ability to opt out of all three versions of SAGE without naming it specifically.  At the end of the day, we are, again, assuming that the state knows best, and parents should not be allowed to protect their children as they see fit.