Eagle Forum of Alabama supports the ALSDE in movements toward greater flexibility and independence from the federal government. This approach will yield greater positive results for student achievement, involved parents, and inspired educators. Please encourage your Alabama State Board of Education member to vote down the plan unless these important changes our made. Contact your Alabama State Board of Education member today. Tell them to oppose the plan as submitted because SEL, Common Core and invasive data collection harm Alabama’s students. We want true academically superior standards and programs. Contact your board members now!
August 17, 2017
Eagle Forum of Alabama has conducted an extensive review on ESSA and the Consolidated State ESSA Plan (“The Plan”) for Alabama. Eagle Forum of Alabama has reviewed committee reports from the strategic planning committees formed by Superintendent Sentance and the Alabama Ascending Plan and has studied the ESSA Implementation documents and report in addition to the Consolidated State ESSA Plan because all are attached or were referenced as sources for the consolidated draft plan from Superintendent Sentance. Eagle Forum of Alabama diligently monitored, researched and served on implementation committees, sub-committees and attended the parental engagement tours held throughout Alabama. Eagle Forum of Alabama recorded, photographed, and collected official handouts as well as documents from every implementation committee event or meeting held in the state.
As stated by Superintendent Sentance at the State Board of Education meeting on July 11, 2017 when referring to the Consolidated State ESSA Plan for Alabama, “this is a legally binding document for the state of Alabama.” Eagle Forum of Alabama therefore recommends that Alabama utilize the greatest amount of flexibility authorized under the ESSA and revise The Plan as stated below.
- Inaccurate history of ESSA Implementation Committee and lack of student and parental involvement in ESSA implementation process
The Plan incorrectly states that all stakeholders were involved in The Plan’s development. Eagle Forum of Alabama found that parents were not properly valued or included in the process, and that it was extremely difficult for Alabama’s citizens, parents, and students to engage in the ESSA implementation process. In contrast, this process made it easy for state employees, paid lobbyists, agency heads, and state paid administrators to participate. There was also concern about possible violations of the Alabama Sunshine Law in relation to the date and time of announcements for ESSA committee meetings. Page 8 of The Plan claims that “ESSA Implementation committees worked in conjunction with Strategic Planning Committees.” This is also incorrect. There was no meeting or correspondence between these committees or bodies unless it was conducted unofficially without the consent of the general ESSA implementation committee.
The development of The Plan described on page 7 is inaccurate as well, as parents were not involved in the implementation committee or its sub-committees in a meaningful way. Neither were parents involved with the strategic planning committees in a meaningful way. The Plan therefore needs to reflect an accurate record of their lack of involvement or access. Page 14 describes an “expansive process,” in which “Alabama has been diligently engaging stakeholders”. Detailed communications were made by a committee member to the Chair Jeana Ross about the serious problems with the online survey by ESSA committee members. The questionnaire was difficult for parents to find, difficult to access from the website, and the instructions and submitting process was not working properly. While the committee member was told these problems would be addressed, this same problem for parental or public input remained during the implementation process.
- Utilize ESSA’s Opportunity for Flexibility and Local Control
The Plan should take advantage of the flexibility authorized under ESSA and adjust certain provisions accordingly.
- Both the ESSA and the General Education Provisions Act (GEPA) explicitly restrict the role of the federal government in education. While GEPA puts the SEA’s in an oversight role for federal grants and asks them to encourage participation in their programs, for example, Section 438 states that none of its provisions authorize the federal government to exercise any “direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system.” Thus, the law clarifies that states should not allow undue influence by the federal government on its curriculum or published documents.
- In the present version of The Plan eight different oversight programs will be over the LEAs in Alabama. Each of these federal programs require oversight and are overly broad. (page 50-52)
- Florida’s ESSA plan requests waiver from the 95 percent testing mandate cited under ESSA section 1111(c)(4)(E) which is referenced on page 28 of the consolidated plan. Eagle Forum of Alabama recommends Alabama pursue the same waiver request from this mandate, as the federal government has no legal authority for this mandate.
- In addition, ESSA provides some prohibitions on testing mandates from the USDOE and the Secretary of USDOE. Moving control of testing and assessments back to the states is a step towards real education reform and local control. Lastly, the Superintendent and Alabama State Board of Education members have been successful in obtaining more flexibility from the current Secretary of Education by ending the Act Aspire contract.
- As State Board of Education member Jackie Ziegler pointed out during discussion of The Plan at SBOE meeting; Page 14 contains an error that needs to be changed. ACT Aspire will not be Alabama’s interim accountability system. Eagle Forum of Alabama’s research shows that Global Scantron is a Common Core aligned system as well.
- The term “Students” needs to be clearly described as public school students.
Page 9 uses the term “all students,” which is then used throughout the ESSA plan. Given that this document is purportedly “legally binding on the states” as stated by Superintendent Sentance, The Plan needs to avoid overly broad language and, therefore, clarify that the word “student” is in reference to public school students only.
- Inaccurate Description of American government promoted
The United States government has a Representative Republic form of government, not a “democracy”. “Democracy,” however, is what describes our government on page 9 of The Plan. It is of pivotal importance that students understand basic civics starting with a proper understanding of the American system of government as outlined in the United States Constitution. In order for students to understand and exercise their rights as citizens, they must have an accurate and basic knowledge of our government structure, and this error needs to be addressed.
- State Revision Procedure of Academic Standards and Assessment Section
Eagle Forum of Alabama agrees with the implementation committee recommendation that Alabama’s revision process for its academic standards should provide greater feedback to parents and the public who have concerns about the standards review process. The course of study statute addresses the process for changing course of studies. Section 16-35-1 states, “Composition; appointment, qualifications and terms of members. The State Board of Education shall appoint a courses of study committee as set forth below for the purposes and functions as hereinafter provided.” Since new data has emerged following the implementation of Common Core in Alabama, the Plan faces possible compliance issues as Common Core does not provide challenging academic standards. Eagle Forum of Alabama encourages moving Alabama forward with standards that hold a proven academic track record of growth and success.
- NAEP historical revisionism needs to be addressed
There is no acknowledgement of the correlation between Common Core implementation and failing test scores. Before Common Core implementation Alabama’s academic achievements in reading due to the Alabama Reading Initiative were acclaimed nationwide. (https://www.alsde.edu/sec/ari/History/ARI%20History.pdf) At this time, Alabama had risen from near last to 25th in overall grades and scores according to Education Week. But that was before Common Core implementation in 2012 in Math and 2013 in English.
According to 2015 NAEP tests, Alabama’s average math score in both 4th and 8th grade was the lowest of any state. Some Common Core promoters continue to blame Alabama’s poverty rate as the cause of its failing scores, but in doing so, they ignore Alabama’s previous successes under its earlier standards despite these demographics. Indeed, according to PARCA Perspective published in October of 2015, “Between 2013 and 2015, Alabama’s average score declined in both grades. …While Alabama’s higher poverty rate puts it at something of a competitive disadvantage in national comparisons, a deeper look shows it’s not Alabama demographics skewing the results. Name the group-black, white, Hispanic, poverty and non-poverty-all perform worse than their peers in all other states.” The Plan needs to adequately reflect Alabama’s NAEP history.
- Common Core reinforcement and promotional rhetoric
Eagle Forum of Alabama encourages Alabama to seek greater flexibility and independence from the federally controlled Common Core system, which promotes academically inferior standards. Common Core was not created by educators or leaders in Alabama. Therefore, it should not be represented as Alabama led or created. Alabama’s education system must move towards local and state control. Most importantly, Eagle Forum of Alabama wants academically superior standards to replace the failing Common Core standards. On page 16 of the Plan it falsely describes Common Core as “rigorous”. “Access for ELLs [English Language Learners] recently went through a standards setting study in 2016 in order to meet the rigorous language demands of College and Career Readiness Standards.” (pg. 16) As the Superintendent Sentance has stated Common Core standards are not “internationally benchmarked” nor “rigorous” standards. We recommend promoting greater flexibility for local educators and more independence from the USDOE in The Plan. The Plan should therefore remove its “College and Career ready” indicator for accountability, as tying Alabama to this indicator with 10 percent ensures the continued promotion of Common Core which has failed Alabama’s students. (pg. 21-24) The Alabama Ascending Plan also reinforces Common Core on page 6 and the Strategic Planning Committees promote Common Core throughout. Common Core is referenced in the documents as “College and Career Readiness Standards.” (pg. 16 of The Plan) In order to achieve the long term goal outlined in the Plan to “reduce the number of students not proficient in 2030 by 50%” Common Core must be replaced with superior standards.
Conflicts with data-work group recommendations and privacy concerns
The data collection sub-groups official recommendations that were unanimously supported were that no data would be collected beyond what was required by the federal government pursuant to ESSA. That means anything collected indirectly or directly for the Federal Government beyond what ESSA requires is in violation of the data sub-groups official recommendations. Eagle Forum of Alabama supports the data-sub groups unanimous recommendations to protect children from invasive data collection practices that violate student and family privacy.
- N score
The Superintendent Association, along with the data work group, recommended only providing what was legally required and nothing further. The number used for the N score is much lower than the number the state should utilize to exercise flexibility. This not only conflicts with suggestions from Alabama’s educational leaders, but it endangers student privacy and Alabama’s sovereignty. De-identified data or aggregated data can be re-identified to contain personally identifiable data. https://techscience.org/a/2015092903/ The Plan proposes a number of 20 as referenced page 13, but ESSA does not require 20 for the N score. Therefore, Eagle Forum of Alabama recommends the number of thirty or higher for the N score.
- Subjective factors that require inaccurate surveys or Personally Identifiable Data (PII) data collection
Data from areas of “student engagement,” “educator engagement,” “school climate and safety,” or any data that could lead to increased psychological profiling in the accountability scheme should not be used or listed in The Plan. Eagle Forum of Alabama recommends ALSDE use academic factors instead.
- Graduation Tracking System
The state sets out as its goal to identify students starting in 3rd grade as at risk of dropping out by using a strategy of the Graduation Tracking System (pg. 33-34). Clarification of this system is needed, as is clarification of its purposes, including its purpose: to “increase grade promotion rates leading to students graduating on time.” This language is unduly vague and without clarification, leaves room for ineffective instruction and undue grade promotion. Significantly tracking systems usually hold high dangers for student privacy and Alabama currently has no comprehensive student privacy protections. Labeling students at an early age can be very detrimental in tracking systems. Lastly, this tracking system contains an inherent flaw by allowing the criteria to be constantly shifted. (pg. 34) Eagle Forum of Alabama advises not including any tracking systems in The Plan.
- Positive Behavioral Interventions and Supports (PBIS) Privacy Concerns
School-based counseling and mental health programs should not be expanded at this time, as there is no way to protect this data. FERPA has been critically weakened by USDOE and is outdated as it was passed in 1974. The law is antiquated in addressing the technological changes in society. In Alabama, the Comprehensive Student Privacy Protection Act has not yet been passed. There is no privacy protection for Alabama’s students; therefore, students will be harmed by PBIS. It should not be included in The Plan.
- Diagnostic testing for 5k and mandatory four-year plan
The diagnostic testing requirements listed in the Alabama Ascending Plan for entering kindergarten have not been fully defined, and not enough information has been provided. Any such pre-assessments should only serve to improve the teachers’ approach and shouldn’t be tied to any state or local assessment. In regards to The Plan we recommend that any reference to an assessment aligned to the diagnostic testing be dropped.
The four-year plan in 8th grade described in Alabama Ascending is a continuation of an earlier model from Plan 2020. Mandatory plans of this nature are not voluntary and should be under the control of the parent and, student not included in federal agreements. In addition, states that have moved forward with mandatory four-year plans or mandatory career plans violate parental and students rights. http://www.cnn.com/2017/07/08/us/chicago-high-school-graduation-requirement/index.html Mandatory plans of this nature may face constitutional litigation from families or students as public schools are not constitutional free zones. It is best for the students and families to make these decisions. The school does not need to approve of plans or require one from the student.
- Social and Emotional Learning
- Superintendent Sentance agreed with concerned leaders and parents that social emotional learning is not the role of public educators, but the role of parents. In addition, schools are not properly equipped or trained for this area. Social and emotional learning, however, is still included in The Plan (page 34) as well as the Alabama Ascending Plan. It is the continued position of Eagle Forum of Alabama that it is not the role of ALSDE to analyze or control a child’s development in these areas, and it is not the role of the federal government to force a state to enact such provisions. https://thenationalpulse.com/commentary/attention-parents-social-emotional-learning-state-education-plans/ Removing social emotional learning from the Alabama Ascending plan as well as from The Plan and other attached documents will ensure teachers are not threatened with lawsuits and are not distracted from attending to critical areas of learning and student academic growth. Eagle Forum of Alabama therefore recommends that all references to social and emotional learning or associated programs be removed from both the Alabama Ascending Plan and The Plan. (pg. 18 of AL Ascending)
- In addition, the terms “suicide prevention,” “bullying and harassment,” “crisis prevention and conflict resolution,” “human trafficking,” “child abuse awareness and prevention,” “safety and violence prevention,” and “trauma informed classroom management” used in The Plan are outside of the realm of academic teaching and should be removed. Alabama law already requires educators and administrators in public education to report suspected child abuse and training already is provided in many of these areas. While these are important issues, it is not the role of the public educator to address them. Some of these areas of involvement infringe on the role of the parents in society and involve subjective value judgement of students and could lead to possible discrimination as these terms or programs are defined. The primary role of the educator should be providing quality educational instruction to their public-school students, not addressing social or societal problems.
- Office of School Improvement and Turnaround (OSIT): Eagle Forum of Alabama finds that the creation of a new state agency (OSIT) is promoting the wrong approach to helping schools needing improvement and is a counterproductive use of federal or state funds. On page 24 it describes using staff to intervene by using “Climate, culture, and mental health specialists.” These staff members will be promoting social and emotional health, which co-opts parental rights and will not improve student academic performance. Schools will be provided different levels of “support” from the office depending on how they perform on Alabama’s six selected indicators, including the college and career ready rate for that school. This is an overly broad practice of intervention in schools and promotes the top down approach that has not been effective in the past. OSIT has no record of success and should not be institutionalized by the ESSA plan.
- PBIS Social and Emotional Concerns: The promise to improve “school conditions” for Title 1 schools is listed on page 32-33 of The Plan this includes social and emotional learning agendas. For example, it includes references to “restorative justice practices for school discipline” and training LEAs for positive behavior supports (PBIS) philosophy. This portion of the Plan is somewhat unclear and unduly broad. Given a number of schools receiving Title 1 funds also serve high-achieving populations as well as high-risk populations, it seems The Plan is establishing a state-wide discipline approach that will not fit needs of every school system. Alabama should therefore leave room for local agencies to be trained in the philosophy that best works for its students’ successes.
- While Eagle Forum of Alabama believes strongly in helping children with special needs, PBIS is being used to improperly label children with disabilities or the wrong disabilities. Parental consent should be required for mental health screenings and to avoid any constitutional violations. The data file produced from PBIS is also suspect for its authenticity, educational effectiveness, and collection method. PBIS should not be included in The Plan.
- Student Support and Academic Enrichment Grants: Because these programs violate constitutionally protected parental rights and promote invasive psychological practices, Eagle Forum of Alabama objects and recommends their removal. Section 4108 of ESSA describes programs that utilize a broad range of factors that will likely result in subjective or invasive programs: “Early identification of mental health symptoms, drug use, and violence, and appropriate referrals.” Medical treatment and referrals should require parental consent, but there is no legal requirement for consent in this section. Teachers are not trained as medical or psychological professionals to diagnose children or to conduct screenings. This will lead to a host of problems for Alabama’s students in regards to academic development.
- 21st Century Community Learning Centers: Eagle Forum of Alabama’s research and study finds that 21st Century Community Learning Centers have not been an effective use of educational resources. Public education is a part of the community but it is not the community alone. These community learning centers will be primarily used for non-academic purposes and will not be dedicated to Alabama k-12 system. We recommend not including any agreement involving community learning centers.
- Invasive Programs that need to be removed or addressed in Alabama’s ESSA Consolidated Plan
- “Engaged Families and Communities”
Eagle Forum of Alabama, like other leaders in education policy, wants parents and students engaged in their education at every step. However, the “Engaged Families and Communities” programs listed in ESSA and cited on page 21 of the Plan do not promote family engagement. Instead this aspect of ESSA promotes monitoring and collecting personal data on families-especially their interpersonal communications and their communications with the public education system. Data collection on families does not improve parental engagement in the public education system. It should be removed or altered appropriately.
Eagle Forum of Alabama recommends removal of all aspects of the Reach initiative and Reach Advisory Program from The Plan. The student advisory program listed on page 34-35 of the consolidated plan raise problems for parental and student rights. “It is not everyone’s responsibility”; it is students and parents responsibility to direct and control their education. This is a philosophical perspective of education that violates parental rights and promotes collectivism in Alabama’s public education system. More information would need to be provided to parents before this program should be supported.
- Improper Instructions on ESSA Intervention Programs for At-Risk Youth and Homeless Assistance
(722(g)(1)(B) is a non-regulatory guidance section from the USDOE. (pg. 54-59 of The Plan) Eagle Forum of Alabama finds the invasive factors to be used to identify homeless children as concerning. The list cited on pg. 54 includes a broad sweeping list of factors that may indicate homelessness gives broad authority to school based personnel and representatives from other service agencies this list to identify homelessness. This includes many factors such as looking at grooming practices and living at a temporary residence. (pg. 54) “The McKinney Vento Act is designed to address the challenges that homeless children and youths have faced in enrolling, attending, and succeeding in school.” https://www2.ed.gov/policy/elsec/leg/essa/160240ehcyguidance072716.pdf
- “What if the LEA determines that it is not in the child’s or youth’s best interest to attend the school of origin or school requested by the parent, guardian, or unaccompanied youth?” The section of instructions in this non-regulatory guidance are concerning in relation to parental rights and other legal rights of families and students. While aspects of homelessness student data collection is required by ESSA, Eagle Forum of Alabama suggests removing the identification factors from the plan listed on page 54. We did not find that these exact factors were required. Additionally, the non-regulatory federal guidance from (722(g)(1)(B) engages broad sweeping assumptions about homeless children and their families. Eagle Forum of Alabama encourages a re-examination of the enforcement of this ESSA section to ensure the best treatment of homeless children and their families especially in regards to their legal rights pages 54-59.
- Strategic Planning Committees Bureaucratic Approach to Education
- The Plan on page 8 and as well as the Alabama Ascending Plan include the strategic planning committee reports and the Alabama Ascending Plan which were composed in major sections by these planning committee’s recommendations. Eagle Forum of Alabama finds that the science, math, and reading committees reports will, if implemented, increase bureaucracy by creating new agencies and increase federal control of Alabama education’s system. Most importantly, they fail to address deep problems with Alabama’s current Common Core standards.
- Eagle Forum of Alabama sees that it is not teacher preparation or experience that is the greatest barrier for students but instead the failing system of Common Core especially its impact on testing, professional development, and curriculum. Common Core’s emphasis on informational texts replacing classic literature is not addressed by reading committee. Alabama’s teachers and students can compete with any state but face bureaucratic barriers to focusing on academic achievement. The reading committee supports keeping the “College and Career Readiness Standards” but fails to address Common Core’s impact on teachers and students shown by NAEP scores. (pg. 5 of reading) “The council will develop a statewide literacy plan in collaboration with MS, SC, and TN with support from the Regional Education Lab (REL).” (page 14 of reading) Eagle Forum of Alabama finds this announcement deeply concerning as Alabama needs to control its own teacher preparation not outside organizations or regional councils.
- The science committee report primarily focuses on tools, funding, and a three-dimensional approach to science education. While Eagle Forum of Alabama also supports a hands-on approach to science education in part, teacher’s knowledge in their subject area remains critical. Instead of swinging the pendulum solely towards a three-dimensional approach reducing emphasis on knowledge for students and educators a more balanced approach would be more productive for science education in Alabama. If tools and funding are issues at this time CPLE would not be a productive use of state educational resources. There are already many SEA agencies that are responsible for improving science and math education as well as instruction in Alabama. Including AMSTEC, AMSTI, STEM, and ASIM referenced in the report already acting. (pg. 5-9 of science) Additional agencies and initiatives would be wasteful and increase state bureaucracy in science education. We also already have existing Colleges of Education which teach courses on science education and require teacher preparation that cover these areas of education. These college education departments should not be supplanted by new state agencies.
- Math educators should not be focused on “advocacy” or “empowerment”. (pg. 2 of math) Community development and workforce development should not be the primary focus or main goal of math educators in Alabama. However, an entire subcommittee was set up to focus on these areas. (pg. 2 of math) The main goal of math educators in Alabama should be to provide excellent and high quality math instruction to public school students. The sub-committee “Teacher Education Programs in Higher Education” was almost primarily composed of individuals from higher education instead of current k-12 instructors in Alabama’s public schools.
- Math education summary shows a derogatory perspective on Alabamians and especially parents. “The committee urges the public to help make these recommendations a reality by realizing mathematics cannot be a dinner joke about not mattering in our lives.” (pg. 41 of math) This derogatory approach to parents and students is harmful to engaging parents in education reform. It should not be supported. It is not funny that in its forty-six-page report and 55 recommendations not one includes addressing failed Common Core math standards. Alabama’s parents care deeply for their child’s education especially in math and that is why they support reforms to current standards.
- In addition, the strategic planning committees did not include parents or students in their process. While their report describes their extensive work they only met three times. (pg. 2 of math) Eagle Forum of Alabama recommends reworking the Alabama Ascending Plan and removing input from the strategic planning committee as they worked outside of the ESSA implementation process. In addition, their suggestions were not shared or discussed by the ESSA implementation committee members. Some of the committees suggestions, if implemented, would violate federal law. “This will be accomplished through a nationally aligned rigorous curriculum….”. (pg. 5 of reading) Since a national curriculum has been prohibited by Congress, the promotion of such a system conflicts with ESSA. Eagle Forum of Alabama strongly advises removing any references or recommendations from these three committees or suggestions from any of the planning committees in any attached plans or included documents with The Plan.
Ultimately ESSA is a policy paradox for Alabama as there is some opportunity for flexibility and movement away from the failed federal initiatives. However, there remains extensive and coercive federal overreach under ESSA. Eagle Forum of Alabama supports the ALSDE in movements towards greater flexibility and independence from the federal government. This approach will yield greater positive results for student achievement, involved parents, and inspired educators. The ALSDE has been promoting ESSA on its website and representing it in an improper light. ESSA represents federal overreach into state education systems and should not be promoted to the public by the department. http://www.alsde.edu/dept/essa/Pages/home.aspx
While the department will need to share the applicable laws on its state website, promoting ESSA or legislation that gives the Secretary at the Federal level authority over Alabama’s education system is not the proper role of ALSDE. The ALSDE was not tasked to defend or promote the federal education legislation through parental engagement tours or its ESSA meetings. Instead the requirement of public input meant reaching out for meaningful feedback on ESSA.
Eagle Forum of Alabama supports Superintendent Sentance, Governor Ivey and the State Board of Education in taking the best advantage of ESSA that is possible under the law. Unless the items or areas allowing for flexibility under ESSA are utilized, no greater flexibility will be achieved for Alabama in education. We recommend that the State Board of Education vote down The Plan in its current form until these recommendations have been made since The Plan will be a legally binding document with the federal government. There is no guarantee the USDOE will approve amendments or changes at a later time for Alabama.
Respectfully submitted by Eagle Forum of Alabama and
Alabama ESSA Implementation Committee Members:
Deborah Love, J.D., Executive Director Eagle Forum of Alabama, ESSA Implementation Committee Member, Data Collection and Reporting-Sub Group Committee Member, and Early Learning Sub-Group Committee Member,
Krissie Allen, J.D., M.A.Ed., ESSA Implementation Committee Member, Standards, Assessment and English Learners Sub-Group Committee Member
Margaret Clark, J.D., M.A. Biblical Studies: ESSA Implementation Committee Member, Accountability Sub-Group Committee Member, Titles Programs, Grants and Requirements Sub-Group Committee Member
Shag LaPrade, M.S. Health and PE., Ret. Marine Gunnery Sergeant, School Board Member for Coffee County 2010-2016, ESSA Implementation Committee Member, Data Collection and Reporting-Sub Group Committee Member
By Brandon Moseley
The legislature has returned for another session and some GOP legislators are once again pushing a longitudinal data collection scheme. Once again the primary opponents of this grand scheme are fellow Republicans. On Thursday, February 23 Alabama Eagle Forum led a conservative rally in opposition to the longitudinal data bills, House Bill 97 and Senate Bill 153.
State Auditor Jim Zeigler (R) read a statement from his wife, state school board member Jackie Zeigler (R) vowing to oppose the data collection.
A statement was read from Representative Barry Moore (R from Enterprise). Moore said that only communist countries think they can direct children into career paths from early childhood. Moore questioned education rankings where countries that have invented nothing and innovated nothing are ranked higher than the U.S.
Rep. Arnold Mooney (R from Indian Springs) said that liberty loving people must be most on guard when the government acts with good intentions.
Rep. Ed Henry (R from Hartselle) said, “Does government need all of this information to better serve the public?”
Henry said that when he was campaigning, “Nobody ever said I wished the government would collect more data on me.” Henry said, “There really are not evil people down here we are just differing on which side we need to be on this.” Henry warned that we will end up losing our nation as we know it.” This would put us on a dangerous path and I don’t have any desire to be part of it.”
Senator Rusty Glover (R from Mobile) said, “We didn’t come to Montgomery to grow the size of government and this is growing the size of government. Sen. Glover said, “I have received dozens and dozens of phone calls from constituents asking,” for this to be stopped. I have not had the first parent or student asking that this be done.”
Glover has recently announced his 2018 candidacy for Lieutenant Governor. Current Lt. Gov. Kay Ivey is term limited from running again.
State School Board member Stephanie Bell (R) warned of a potential for government tyranny with this. At this point the best place for HB97 and SB153 is the trash can. Bell said that the federal government has demonstrated in the last year how vulnerable their data bases are to hacking. They can not secure the data. “This is about growing bureaucracy.” This will become one of the biggest budget items in state government in future.
Joe Godfrey ALCAP quoted GK Chesterton: “It is only in believing in God that we can ever criticize government, because without God they will worship government as God.” Godfrey warned of the dangers of giving the state of Alabama that much power. We need to encourage our legislators to stand strong in opposition to this.
Rep. Allen Farley (R from McCalla) said, “I am a Christian conservative member of the Republican Party in that order.” Farley said, “The poor schools are in the poor communities. Most of the prison population comes from the poor communities.” “As a Republican we believe in smaller government but a big and great God. Farley warned about the danger of data collection.
State School Board member Betty Peters (R) said, “I have no faith that no harm will be done.” “We have new things coming at our children every day that invade our children’s privacy.” “We must assure that no harm is done,” to the children of the state. This database is being run by a board with very few elected people on it. At the state Board of Education we asked questions. Then Governor ordered the board set up through an executive order with all of these appointed people, many of them appointed by him. I do not like appointed boards where everybody is appointed. I am elected if you don’t like what I am doing you can vote me out. Appointed people only answer to the person who appointed them.
Eagle Forum of Alabama Executive Director Deborah Love, who emceed the event, thanked all the legislators who attended and said, “We can count on their vote as a no vote and a yes vote for liberty.”
Rep. Mike Holmes (R from Wetumpka) said that the HIPAA data was also supposed to be secure. The dirty little secret is those HIPAA laws are not being enforced. There are 1300 complaints against the people running the database and the same people who maintain that data base are the people who is running this data base. Data mining of the database has become big business. if they can do that with the medical database they can do that with this.
What with manipulation of currency and theft of jobs, China is held in fairly low repute, especially down South. But some Alabama legislators seem enamored of at least one part of the Chinese system – the one that compiles enormous amounts of data on citizens, beginning when they’re toddlers and continuing through their careers, and swaps this data back and forth among various government agencies for government purposes. One might expect this kind of dangerous nonsense from, say, California, but . . . Alabama?
Parents and citizens are alarmed at two companion bills (SB 153 and HB 97) currently moving through the legislature to create a massive centralized warehouse of education and workforce data. This system would be called ANSWERS, or the Alabama Network of Statewide Workforce and Education-Related Statistics, which would be administered by a new Department of Labor bureaucracy called the Office of Education and Workforce Statistics (the “Office”).
The reach of ANSWERS would be sweeping. Operated by the Office, the system would combine education data (beginning in pre-K) and workforce data to provide information on the effectiveness of educational and workforce-training programs, and to assess “the availability of a skilled workforce to address current and future demands of business and industry.” (The bills don’t explain how the government can predict the “future demands of business and industry”; the Soviet Union tried it, but without much success.) The data could then be analyzed for whatever purposes the bureaucrats come up with, and used for “research” which, if history is any guide, will be ignored if it doesn’t support what the bureaucrats want to do.
How would this work? An Advisory Board would be established to identify the types of data that certain listed governmental entities would have to dump into the centralized warehouse. The statutory (and non-exclusive) list of such data sources includes all education agencies in the state, from pre-school through four-year universities – plus the Departments of Labor, Commerce, and Veterans’ Affairs. So these billions of data points on practically all Alabama citizens would be centralized into one repository to be sifted and shifted by central planners.
But surely the Advisory Board will be constructed so as to protect the interests of children and their parents. Not exactly. Of the 24 members, 22 must be either politicians, bureaucrats, or representatives of specific entities such as higher-education systems. One must represent private industry and know something about data-security (the bills’ only nod to security concerns), and the last shall be a lonely “representative of the public” (not necessarily a parent). The fix, ladies and gentlemen, is in.
The privacy concerns with ANSWERS are staggering. For one thing, although certain proponents have suggested the data would all be de-identified, the bills clearly contemplate the presence of personally identifiable data (by requiring “security clearance . . . for individuals with access to personally identifiable data”). Indeed, the bills specify that the Office would be considered an “authorized representative” under the Family Educational Rights and Privacy Act (FERPA), and the only point of such a designation is to be entitled to receive students’ personally identifiable without parental consent or even notification.
Even if all data were to be de-identified, data can be frequently re-identified – especially when there are hundreds of data points on each individual to enable data-matching. And the bills even specify that the Office is to “link educational, workforce, and workforce training data from multiple sources through quality matching.” In such a vast repository, anonymization will be difficult if not impossible.
No more comforting is the bills’ requirement that the system comply with FERPA and other unspecified privacy laws. Five years ago the Obama administration gutted FERPA by regulation, thus enabling almost unlimited disclosure of personally identifiable student data as long as certain terms are used to justify the disclosure. Do the bills’ sponsors not know this? If not, what are they doing writing legislation that relies on FERPA “protections”?
The bills require no particular system of data-security, leaving that up to the Office. But the Office will have an unenviable task, given that this wealth of extremely sensitive information (including student education data, Social Security numbers from the Labor Department, family income information from student-loan programs, and on and on) will be conveniently assembled into one neat package and therefore made enormously attractive to hackers. One might as well assemble all the crown jewels of Europe into one room and hope jewel thieves don’t notice.
If enacted, ANSWERS would be among the most intrusive longitudinal data systems in the country – only 16 states and D.C. have such an Orwellian system. But most Alabama parents understand that the government has no right to collect highly personal data on their children, or on adults for that matter, and give it to other agencies to track their journey through the workforce and through life. It is none of the government’s business. One would have expected Alabama officials to understand this as well.
An equally fundamental, and troubling, aspect of this contemplated data repository is its adoption of the statist “socialization,” workforce-development philosophy of education. Traditional education in America has been designed to develop each individual to the full extent of his talents, to expose him to the best of human thought; statist education is designed to train him to be a cog in the economic machine. Only if the State adopts the latter philosophy does it need a data repository to track citizens and see how the training is working out.
Fortunately, Alabama State Superintendent Michael Sentance has a strong history in a true educational system rather than a workforce-training system. His experience as Secretary of Education in Massachusetts back when that state educated children better than any other state in the nation should prepare him to recognize the dangers of the ANSWERS network.
In public statements so far, Sentance has focused on the critical problems with data security. The parents of Alabama students are counting on him to go further – to reel in the dangerous inclination of the all-powerful State to collect data on free-born citizens and use it to analyze them as though rats in a laboratory. If Sentance comes out against ANSWERS, that ill-advised scheme will probably go down. Alabama is not China. Supt. Sentance can ensure that it doesn’t become so.
Eunie Smith is President of Eagle Forum of Alabama
By Deborah Love, executive director of Eagle Forum of Alabama, she also was appointed to and served on the Alabama ESSA Implementation Committee on Data Collection and Early Learning sub-committees
Justice Brandeis wrote, “the right to privacy is the right to be left alone.” Privacy is an essential aspect of a free society. Yet Representative Terri Collins is once again pushing a state longitudinal database bill in the Alabama legislature. A state longitudinal database is a centrally controlled database which collects and stores personally identifiable information on students. This centrally controlled database will track students throughout their lives and continuously consolidate personal data between multiple state agencies. While the bill has been renamed “Answers” this year it provides few. Instead it will give broad powers to what will be a newly created agency and advisory board with no accountability.
Though the Alabama Department of Labor has promised the bill does not allow the collection of private and personal student information, the bill itself contradicts that claim. Its collection and retention is clearly anticipated in the bill. The bill describes “security clearance requirements for individuals with access to personally identifiable information.” The bill goes further to describe who has direct access to this information. “Direct access to personally identifying information in the system shall be restricted to staff and authorized representatives of the office.”
Personally identifiable information could be a home address of a student or where they work. This means a government employee not involved with a child’s education on a local level will have access to a student’s geographic location on a daily basis. Data in the system will only go through a deidentification process if released to the public or researchers. This does not restrict the collection and retention of personally identifiable information within the system or among state agencies.
Information is personally identifiable because anyone can use this information and then identify the student by name. Personally identifiable information can be anything that identifies you as you. Aggregate data points combined can also become personally identifiable when combined in one central lo-cation. HB97 and its companion bill SB153 will combine information from ten state agencies in a central location and can potentially combine information from “any additional public agency or entity”.
The bill does not provide new state protection for student privacy; instead, the bill only punishes an actor merely for improperly sharing student data without the permission of the agency. The agency though will be collecting personally identifiable information on individual students. Government tracking of individual citizens including students is a violation of fundamental privacy rights. Senator Del Marsh and the Department of Labor claim that the information will be kept confidential. But this is a false promise as the bill only contains vague promises to create plans at a later date or internal policies with no outside accountability. HB97/SB153 acknowledges that breaches will occur as it instructs the advisory board to develop “plans for responding to security breaches.”
The philosophical foundation of HB97/ SB153 is that central planning works, that governments have the right to monitor the movements of individuals in addition to collecting unlimited information on private citizens throughout the course of their lives. These premises violate essential liberties that must be respected in a free society and violate the proper role of government in society. Human history has provided many examples of what types of government abuses result when this type of power is given to the government. If the government has the right to track and collect personal information through-out the course of an individual’s life, then there is no truly free citizen.
Only current state and Federal law are mentioned in HB97/SB153 as privacy protections; but the comprehensive Student and Parent Privacy Protection Bill was not passed in the last Alabama legislative session. In addition, the Alabama bills cite dependence on the federal Family Education Rights and Privacy Act (FERPA) which was passed in 1974. However, the Federal Department of Education gutted FERPA in December of 2011. On January 3, 2012, changes went into effect that allowed for the collection of student data by third parties. FERPA is outdated to address current privacy threats with the changes from emerging technology. Thus there is no state or federal law which protects the massive amount of student data that will be collected in this longitudinal data system.
At the first senate meeting on the bill this session the sponsor claimed the purpose of the bill was “to meet the demands of industry.” This vague purpose is focused subsidization of certain business interests and increasing power of unelected state agency heads. This alliance is for the mutual benefit of these special interests, but not for students. Parents and students should know that this bill allows and requires a centrally controlled data collection system to track students through the course of their lives and to collect unlimited personal information on students and potentially other citizens.
Alabamians, parents and eligible students must ask themselves how important their privacy is because it is about to be handed over to a state agency and an advisory board controlled by special interests.
Students, parents and private citizens were not allowed to speak at House and Senate meetings on the bills this week even though public hearings were requested. Yet multiple government agencies were allowed to speak in support of the bills.
Apparently for supporters of HB97/SB153 your child’s privacy means less than the misguided demands of big industry and bureaucrats.
Rep. Terri Collins has introduced HB97, the State Longitudinal Database bill (companion bill is SB153). The Alabama Department of Labor has promised the bill does not allow for collection of private and personal student information, but the bill itself contradicts the department. It describes, “security clearance requirements for individuals with access to personally identifiable information.”
The bill’s sponsor describes its purpose “is to meet the demands of industry”. It is not the duty of government to train workers for industry or to track students into state selected jobs. Regardless, there is no reason important enough to turn over any of your child’s personal, non-academic information. The 4th Amendment to the U.S. Constitution reads, ” The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
There are no real protections outlined in the bill. Only current state and Federal law are mentioned. Dependence is placed upon FERPA (Family Education Rights and Privacy Act), which is a federal act that was gutted in December 2011. With FERPA, data collection is now available to third parties. The comprehensive Student and Parent Privacy Protection bill could have provided significant protection, but Rep. Collins refused even to bring it before her Education Policy Committee for discussion last year.
HB97 acknowledges that breaches will occur as it instructs the advisory board to develop “plans for responding to security breaches.”
Protecting student privacy rights should come first when making public policy and legislative decisions. Please encourage your legislators to vote NO on HB97 and its companion Senate Bill, SB 153.
You may reach your House member by calling 334-242-7600 and asking for their office. The Senate number is 334-242-7800.
To find your legislators, visit http://alabamaeagle.org/find-your-legislators
J. Pepper Bryars, who grew up in Mobile and lives in Huntsville, is a conservative columnist for AL.com. Contact him at firstname.lastname@example.org.
Alabama’s conservative State Legislature should have severed our connection to Common Core years ago, but thanks to a rather muddled opposition effort and lack of responsiveness from our lawmakers, the disastrous scheme not only survived initial repeal efforts but it’s now on the verge of becoming a settled issue.
Just ask Senate President Pro Tem Del Marsh about any further attempts to replace the standards.
“I don’t think this body really wants to deal with it, yet it keeps coming up and taking up time,” Marsh said earlier this year after a vote to repeal Common Core was postponed. “Hopefully, we addressed it for the last time today, but if it keeps coming up I will vote against it.”
With a bit of luck, the recent appointment of Michael Sentance as our state’s superintendent of public schools will cause lawmakers like Marsh to take another look at the growing body of evidence against the scheme.
Sentance has been an opponent of Common Core in the past and recently worked to have it thrown out in Massachusetts, where he once served as the state’s secretary of education.
While it remains unclear what Sentance will say about Common Core once he’s in Montgomery, he obviously hasn’t been fooled by the cleverly marketed yet woefully inadequate, completely unproven, and thoroughly domineering national system of standards. He saw first hand how Massachusetts was forced to lower its otherwise high standards to meet the scheme’s goal of redefining “success” as whatever the lowest common denominator was nationwide.
That’s what the “common” in Common Core is really all about: leveling the outcome so that all students end up with the same amount of education, and that’s achieved not by lifting the stragglers up, but by pulling the achievers down.
Sound familiar? It should, because that’s the basis of every other centrally planned scheme that we’ve suffered through.
To be fair to Marsh and others who support the standards, Common Core may have sounded like a good idea five years ago, perhaps even two years ago, but the actual results are now coming in and they’re all indicating the same thing: we’ve been fooled.
They sold the untested plan as a set of rigorous standards that would prepare our children for competitive colleges and challenging careers. But they’re not. They’re weaker, far weaker in fact, than other proven standards that we could have adopted.
Take mathematics, for instance. Jason Zimba, one of the primary authors of the math standards, admitted during a meeting of the Massachusetts Board of Elementary and Secondary Education in 2010 that Common Core wasn’t actually designed to prepare students for selective universities or careers in the science, technology, engineering, or mathematics fields (STEM). It’s meant to be average, or “common,” and not rigorous at all.
If your child wants to be an engineer or enter another STEM-related field, shouldn’t you be concerned that our state has imposed a substandard standard upon his school? Or maybe you agree with Marsh and wish people would just quit bothering you about this “settled” issue.
We all want the best education for our children, but conservatives should have known better.
Anything planned in secret by a small group of unelected and unaccountable liberals, that wasn’t tried and tested in any sizable district or for any serious length of time, and was imposed without thoughtful debate was sure to be chock full of unintended consequences … and even a few intended ones that wouldn’t have passed if widely known.
Now we’re nearly stuck with it, and that’s also by design.
Before, local communities could change their district’s education policies – standards, texts, tests, etc. — because we vote on a school board who controls those things.
Now, if you have a concern with these new national standards, your local school board will simply pass the buck to the state school board, who’ll then pass the buck to the U.S. Department of Education … where it’ll become forever lost in an ocean of unaccountable and unresponsive bureaucracy. Your congressman might write them a strongly worded letter, but that’s about it.
Hopefully, the buck will now stop with Sentance, and he’ll help put an end to Common Core in Alabama.
August 15, 2016
Open letter to Alabama State Board of Education
We congratulate you in your choice of Michael Sentance, JD, as our next superintendent. Your determination to move Alabama from its current, uncharacteristic dead last position among all the other states was made apparent in your selection of a key player from the top performing state in the nation, Massachusetts. This is a strong statement that the status quo is not good enough.
It was refreshing and hopeful to hear Mr. Sentance in his interview as he explained that Alabama’s problems are comparable to what Massachusetts faced, and as he eloquently suggested solutions like those that he implemented and that worked in Massachusetts. Alabama’s success story will be even more dramatic when, God willing, Mr. Sentance puts his prior experience, his recipe for success, to work in Alabama. We believe that the road to the finest moment in Alabama education may have just begun.
Again we applaud you for taking this bold step. To have done less would have been a real disservice to our children and their future. We all agree with Mr. Sentance that we “want all kids to realize their destinies and their dreams”.
We have already contacted Mr. Sentance with our full support!
Eunie Smith, President
Leslie Whitcomb, Education Chairman
From the Alabama Political Reporter, April 27, 2016
By Brandon Moseley
There are only five legislative days left in the 2016 Alabama Legislative Session, and the leadership plans on burning three of those this week. Both of the constitutionally mandated budgets have passed, so all that is left is deciding what bills live, and what bills die, when legislators vote to sine die this session.
One of the most controversial pieces of legislation facing the Senate is HB125, sponsored by State Representative Terri Collins (R-Decatur), which would create a State longitudinal data system to track Alabama school students as they progress through schools, on to college, and into the work force. Read the full story here.
The Alabama State Longitudinal Database System Bill or House Bill 125 (HB125) would create two new state agencies with no accountability and almost unlimited authority. The agencies’ sole purpose would be to collect information on private citizens. HB125 is currently back in the House with the Holley Amendment added which forces private schools to comply.
The first new agency created would be the Alabama Office of Education and Workforce Statistics, and the second is the powerful advisory board made up primarily of agency heads. This bill will apply to all public school students and workers leaving public education. It will collect private information on individuals, potentially through their entire lives. The purpose of this bill is to collect information on students, and monitor them indefinitely. As the bill states, “to create the Alabama Longitudinal Data System to provide for the matching of information about students from early learning through postsecondary education and into employment.” (pg. 1) The stated goal of the legislation is to, “guide decision makers at all levels.” (pg. 3) No clear basis or need for this mass amount of data collection on private citizens including students is provided. The bill contains only vague promises of confidentially with no actual method of protection or limitation on the data collection power of these new agencies. The bill claims to provide protections but provides none. “The protection and the maintenance of confidentiality of collected educational data, including compliance with the Federal Family Education Rights and Privacy Act (FERPA), and all other relevant state and federal privacy laws, and all relevant state cyber security policies,” (pg. 5). Originally, FERPA was the federal law designed to protect family privacy in education settings. However, the Federal Department of Education gutted the law in December of 2011. On January 3, 2012, changes went into effect that allowed for the collection of student data by third parties. Those parties retain ownership of the data and may share or sell it at their discretion.
The first phrase from the bill listed above, is an empty promise, as nowhere in bill are there measures to protect the data. It is important to note that there are currently no State or Federal laws which apply to this bill in regard to protecting students’ personally identifiable information such as name, social security number, or family information. Even if all the information collected were dis-aggregate (meaning not on-its-own enough to identify an individual) it is still dangerous. Dis-aggregate information becomes personal information once you have just a few data points. Eagle Forum of Alabama opposes HB125, as it would create two extremely powerful agencies and violate the rights of Alabamians. If the government is going to seek any private information from citizens, they must provide a sound basis or get a warrant.
The Holley Amendment, which Eagle Forum of Alabama has also reviewed, has now passed. It does not solve the problems of HB125. The Holley Amendment actually creates additional problems such as requiring private schools receiving any state funding to comply with this data collection program. Go to Eagle Forum of Alabama’s website to find your legislators.
Take action now! Contact your State Representative and Senator and strongly request they oppose HB125. For more information contact Deborah Love, Executive Director of Eagle Forum of Alabama at (205) 879-7096.