October 7th Interim Study on STUDENT PRIVACY AND DATA COLLECTION

October 7, was the second interim study on Student Privacy and Data Collection at the Oklahoma State Capitol. Representative Jason Nelson called for the study and chaired a very enlightening and educational session related to the necessity of, and wherewithal to keep student data from being used alternatively to state law (HB1989).

Because of an accident in which I dislocated my knee, I was unable to be available at the Capitol, but I listened online through the OkHouse.gov website (here is the archived audio if you'd like to listen) and took copious notes over the speakers present. What follows is a very cursory - but hopefully legible - set of notes from the study. Please take the time to review these notes and the associated links. Please, realize that you as the parent have all the power here to keep your child safe. (As a legislator, you have quite a bit of information here by which to modify HB1989 to protect the privacy of Oklahoma students.) Know the educational programs/apps being used by your student at their school. Opt them out of any program/app that might collect your child's data - especially if you've not been informed of this kind of practice.

Don't forget...we've written a lot about student privacy - including this, "Student Privacy? What Privacy?". You may search our blog using any search terminology that interests you to find more information on this topic.

Speakers are listed in order from first to last. Please note: ROPE does not necessarily agree with all the comments made here. This is simply a transcript of what was said, not how what they've said - or not said - aligns with our own research and study.

Joel Reidenberg, PhD (please see Dr. Reidenberg's testimony to Congress on this topic)

*Bus routes, health/sports, lunches all have programs that usurp student personal data. Apps generate a lot of information about kids and then outsource that to third party vendors. For example; a kid uses Skype for a research paper at school. The transaction data is known by Skype. At any point, Skype can begin to develop information on a child that can be very revealing simply by taking enough data to reveal patterns.
*Google apps for education such as Google Docs are free programs for schools. What happens when a student writes an essay on terrorism and shares it? Where does that information go? Who sees it? Once it's on line, it can be data mined.

*The research Reidenberg has done indicate that 40% of all data vendors to public school had no legal obligation to protect student privacy. They also found that most programs haven't been vetted by anyone at the school.

********FERPA/Buckley Amendment: gets a FAILING GRADE at 40 years old. FERPA doesn’t provide privacy protection for students and families. There is a confidentiality statute for student/educational records – according to Supreme Court – but it only applies to a hard copy permanent record maintained by the school. It also only applies to school districts that receive federal funds. FERPA doesn’t apply to vendors. In fact, the only remedy under FERPA for a data breech is to withhold federal funds which has NEVER BEEN DONE IN 40 YEARS! Families have no rights under FERPA and the Supreme Court has made that abundantly clear.************************

*Vendors have no privacy responsibility. Vendor contracts have been studied and have been found to lack student privacy protections.

*The definition of "Educational Record"is a real problem under the law. So many things today are not classified under educational record, that families/schools have no recourse against vendors for student privacy breaches.

*Need to specifically and narrowly define ‘educational uses’ – when can student data be used? Should schools be supplying data to commercial operations to develop and devise various kids of commercial products? Commercialization of data from schools is just left by the wayside – rarely ever addressed.

*An Institutional Review Board process is not involved in any of the data collection programs/apps yet any legitimate research studies done on students/children/individuals have to follow IRB rules.

*Transparency for families is not being followed through FERPA. Public Records Requests don't work. In fact, 40% OF DISTRICTS INCLUDING Oklahoma City haven't responded to public records request.
*There are neither data security obligations nor remedies included in FERPA. States have a critical role to play – without effective student privacy protection, technology can’t be used without trust in the community.  An excellent example here is Connect EDU/InBloom.

*Congress hasn’t done anything on this, but really, the states should be leading the way on this because the kids live in the communities represented by the school misusing data. The consequences of state inaction on the issue of lack of FERPA compliance is that the state's children will be at a substantial risk of loss of privacy.
*States can be very effective when providing a student privacy officer through local schools.

*Anytime data is collected via computer via third party vendor it has a data dictionary and a code to identify what that information is to be used for. Data creep is a common problem – most companies start collecting information they don’t need now because they think they’ll need it later. This creates data breech/data loss. Data must be justifiably needed. Why collect if there's no justifiable reason?

*Need to add a ‘whereas’ clause to include the data to be used in the data sharing agreement and what the data is to be used for, etc. Where is the data going? Who needs it? Why is it being collected?

**********Helpful and necessary but not sufficient to have  a clause in the contract saying they would not share the data because it  would not address whether or not the company misuses the data or collects more than they need for commercial efforts. For example; the free email to schools program (Google) was data mining the emails to advertise to the kids. Google changed their policy to state they would no longer data mine for advertising, but we don’t know if they’re data mining for anything else. A clause in the contract saying they won’t share the data doesn’t fix this problem.**********

*We need to understand the difference between "Research Use" and "Transactional Use"

Transactional Use; child uses an edtech application to learn fractions. The program collects data while the child is using it by assessing the way the child interacts with the material; how long the child takes on one program, what problems they get right and wrong.

Research Use; the transactional data from lots of students are used to determine trends and in the math learning – to find a pattern. Done by data researchers.

*Two large dangers of data collection and how to guard against them:

1. Data breech: data winds up anywhere because data wasn’t properly stored. Children’s identity theft is growing because kids have no prior records and thieves get clean data. Data must use a data breech identification and there need to be rules and regulations as to what happens if a data breech occurs.
2. Need data purging rules/regulations: so many data systems we saw had no effective data purge rules. Student data sits there for a long time. If a kid is inappropriately tracked early on, how long does that information stay in their record and effect the child? Is there a statute of limitations for the use/collection of student data? State legislatures can put parameters on storage and uses.

Richard Lane – Director of the Education Division for the NGA Center for Best Practices (NGA Center)

*Need to have laws catch up with data use. 
*Three pillars for data use developed by Data Quality Campaign.

1. Be clear on the purpose for  the use of the data:

• Is it for the well-being of students to improve their learning by tailoring an education program to individual students and/or to find out how well a program is working?
•  Is it to inform parents about how well the student is doing; test results, etc? What are their strengths and weaknesses?
• Is is to provide accountability at local/state level?

     2.       Provide protections for data and use of data

•  Need to be sure the data being collected aligns to the priorities of the district and state
• Need to find the balance between appropriate use and protections
• Need to train educators to use the data properly

     3.       Insure privacy of data

•  Data ombudsman/data security officer needed to have a recourse as to how to solve the issue of data misuse.
•  Need training in best practices
• Should review the amount of data currently being collected and streamline data already being collected to prevent burdens on local districts for data collection.

*Legislation is important in student privacy protection. Ombudsman would communicate data use legislation to schools/districts/parents. 
*People need to be told about the effort so that people can buy in and use it and be protected.

*Student privacy is as much about implementation as policy. 
*Field educators need training and capacity to use data and protect data.

Lance Nelson - Chief of Staff, OSDE

*Can’t translate data outside the state or to other agencies with a very few exceptions.

*SSN medical/biometric/criminal/juvenile delinquency data not collected 

*FERPA allows for the transfer of student records to other schools. 
*Data is collected for study. Example: data are required to study report card. OSDE enters into an MOU with OU to provide the study and they will collect student level data.

*Use data for federal and state reporting. 
*No student level data is reported. 
*Student level data insures accuracy – makes sure we’re funding the schools at the proper rate. Without student level data it would be extremely hard to provide an A-F report card.

*Behavioral data is only aggregate data reported and sent out.

Nelson then goes on to explain what HB1989 says about what state agencies are to do with data.

*OMES stores data for OSDE but can’t use it for anything because of the OSDE/OMES data sharing agreement.

LEEA MOTE – OMES

*State department is working on metadata dictionary showing all data collections; what it does, why it’s being collected, where, etc.

Leea talked a bit more about how OMES stores data and then closed her portion of the testimony. If you would like to see a copy of her PowerPoint presentation, click here, go to page 5 and click on the interim study number, 15-100. A box will pop up. Click on Student Data Privacy Study presentation.pptx.

LEGISLATORS QUESTION THE PREVIOUS SPEAKERS

(Legislators in attendance included, Representatives, Strohm, Nolan, Coody, Nelson and Rogers)

Representative Chuck Strohm; Data security protocols were developed by?

Mote; Done by SIF. Nationally done.

Strohm; Is there work done to validate the security on the package itself and then another suite of testing done at the state level to make sure the system is secure? Are we doing a secondary test?

Mote; We have a security officer at the OMES. Don’t know his title, or what he does other than he monitors it and the OSDE is to do a risk assessment on their systems which is being done now.

Representative Jason Nelson; 1989 passed has the board run into situations where the law frustrated something that needed to happened that needs to be considered when we do amendments

David Kinney counsel ODE; I don’t have institutional knowledge but under 1989 board has promulgated policies and rules but don’t know of a specific instance that 1989 has frustrated any situation

Nelson; SLDS grants states received to create a data system, linking students/teachers/programs - what does grant allow to happen and what are we really doing? Should it be done at the state or local level?

Lance; personalized learning takes place where a student’s at and modifies curriculum to that student which is where computer programs are used. Tying student performance with teacher performance is TLE and we’re not there yet – being able to do that.

Nelson; Received SLDS grant in 2012 to link all state level data, is that the same kind of processes that a local district may be using now to personalize child’s education

Lance; linking data is for TLE

Nelson; 1989 required the list of all the data points collected in the wave and the definition for what that data is = metadata dictionary. 

The WAVE document does have that information in 150 pages – but a metadata dictionary isn’t just the WAVE but all data collections including that data out there already.

Can we get a list of all the data collections currently? Including what’s outside the WAVE - all data?

Motes; do have data descriptions though not as detailed as you’d like but you can see them.

Strohm; If there is a data breech and data stolen, do you have a protocol for dealing with that at the state level? Is OMES responsible since they house the data?

Motes; In the past, it wasn’t a data breech (that was the problem), it was something posted that shouldn’t have been. Did work with the agency to notify the students and families if the student was under the age of 18 so we did work in coordination with the OSDE to do that.

Strohm; Whose responsibility is it to manage after effects of data breech – notifying families and students..

Lance; Shared responsibility between OSDE and OMES. Would have to work together. OSDE doesn’t have technical capabilities. OSDE has lead role.

Strohm; What does OMES do with the data when it's purged? What is the contractual limitation on the data for purging with OU/OSU contracts?
Lance; OU/OSU purges data after research done. When a vendor is to do that, the vendor has to provide OSDE in writing that you’ve purged the data.

Strohm; If a project drags on with no end in sight, what is the time frame when the contract has to be re-evaluated? So data doesn’t sit out there where it could be harvested by unscrupulous people.

Kinney; If I understand contracts, there are time tables with deliverables and if the deliverables aren’t met, there are provisions.

Strohm; If we house classified data and we hand this data off to another agency/facility when you’re working with DOD data that facility also has to have a security  in place.

Kinney; If you’re using a computer service to look at data, the person using the data has to comply with the data use agreement.

Strohm; Is there an age of the child or time frame on the OMES data storage

Lance; I don’t know the answer to your question on time frame.

Nelson; Please send the answer to the committee. Need to know the answer. Can we get a copy of what the student data act requires – detailed data security plan and authorized access, etc (from 1989) – from the OSDE/OMES

Representative Jadine Nolan; Are there warnings when the system is trying to be hacked? Who knows this information?

Motes; We monitor potential hackers every day. None have affected OSDE, but there are potentials every day.

Nolan; All state systems – all state agencies?

Motes; We don’t have a number for those that have been breached but we can get from chief security officer and share.

Representative Michael Rogers; Does OSDE  provide policies for what data can be collected?

Lance; Nothing is collected other than required.

Strohm; So districts could have no policy about data being stored on an unsecured computer somewhere – is this possible?

Lance; Hypothetically yes.

Jana Burke - Chief Accountability Officer, Tulsa Public Schools

*Data sharing is so very important, performance driven, reflective…must measure progress and success with evidence, not doing our jobs…

Most of Burke's presentation was in the form of question and answers with the legislators as follows:

Nelson; What level of transparency is there in Tulsa if someone calls to ask what data is being collected?

Burke; Would provide information about their own child – must have FOI to tell what data we share. Very proud of the data we have because it accelerates student learning.

Nelson; Transparency a function of open records law but not pro active…relies on an FOI is there a regular channel/report/package of info developed that explains the kind of data collected?

Burke; I don't know, but accountability office at TPS could generate one immediately. Great idea to do to show parents to keep them from being concerned

Rogers; Does TPS have sites that collect more data than others?

Burke; Collected at a central sight because of (Pearson) PowerSchool and enrollment.

Rogers; Having a diverse district – how have you taken data and increased learning for students

Burke; Achievement scores don’t show the incredible amount of effort and proficiency but using specific student data, important information about teacher and school effectiveness can be unmasked by class and race for example.

Nelson; LDS concern about labeling kids follows kids and creates a bias down the road about the student. How do you guard against that kind of stuff? How much of a concern is that?

Burke; The teacher/administer relationship is effective. Bias comes from our own eyes - that’s the problem. Data is not the issue. Red Tape prevents teachers from having all the information on individual students. I am unaware of a situation in which the teacher found information in a student’s electronic file to create bias.

Strohm; Does TPS purge student data? How and when?

Burke; Outside organizations purge their data and evidence must be provided upon the termination of the contract. I don't know about the purging dates/periods on data current in the system. We need to have longitudinal data. We don’t want to cut off use to data that can help them making decisions.

Strohm; Is that data purged at graduation?

Burke; I don't know.

Strohm; It’s possible that kids coul  be 30 years old and have data still be in the system?

Burke; I don't think so. I'll have to find out that answer.

Tony Hutchison - Associate Vice Chancellor For Strategic Planning and Analysis

*Oklahoma state regents are governed by same laws as OSDE. 
*Very proud of data system – recognized nationally in Strong Foundations…Marion Dilbeck godfather of the system. 
*Top level security, quality of the data and efficiency

*Why do we collect data

• Compliance with USDept of Ed to get aids and grants
• Accountability reasons – graduation rates, etc – ethnicity/gender/
• Predictive analytic – what can we do to improve student performance

*Want to follow privacy standards. 
*Individual level student data doesn’t really help them anyway – the real *Information is in the trends created by aggregating data in order to look at OTAG and other scholarships

*Endgame is always results. 
*The more data we have in terms of increasing the pool we’re looking at the better predictive modeling it can produce.

Strohm; How often do you get a request from a school district?

Hutchison; Used to get one or two a year, getting 2 or 3 a month maybe form the principal or super wondering about remediation issues – trying to figure out why so much remediation is in math.

Strohm; Are you using SSN?

Hutchison; We do use SSN voluntarily – 90% and that’s what lets us link to OESC records. OESC governed by more stringent privacy terms than Higher Ed.

Ryan Kiesel - ACLU

Unfortunately, I missed most of Ryan's testimony. I have asked him for a transcript and if he provides one I will add. Otherwise, please use the link and instructions we have provided to go back and hear his comments.

One of his remarks centered on the fact that public schools are government schools and do we want the government having all that data.

Barmak Nassirian - American Association of State Colleges and Universities

*I'm addressing K12 because these students can’t provide informed consent. *Parental rights are important in this talk.

Privacy vs Security

*Privacy responses tend to be security responses.
*Instead of addressing data availability we need to worry about whether or not the database is really secure. 
*Data security is a very important concern.

*Privacy isn’t about who gets to use the data legally with authorization, it's should anyone have this right? Who should have access to your grades? 
*Just because they’re acting in an official capacity doesn’t mean they need official use of the data. Does a highway patrolmen need your grades to write you a ticket?

*Privacy is very rarely advanced by data disclosures. 
*Data collections and disclosures are appropriate - not just mechanical - but appropriate for each individual situation.
*Parent signatures must be the granting authority.

*With parental consent, everything is possible – the problem comes in when deciding which data is so compelling to get that its done without parent consent. *What information should parents know about in advance? Some information should be collected but which?

*The uses and applications of data must be communicated to parents and policymakers.

*Who has access to data?

*Mission creep is a real problem. Data collected for one purpose should not be used for another purpose without permission.

*We run the risk of cradle to grave system when all the child’s records can be added together to create correlations which don't really mean anything. *Correlations can create causality.

*Record retention again – how long do we keep the records.

*While data collections are increasing and subject to science – computer science – there is no science to back up the ‘science’ of collecting data in order to assist kids in their education.  
*We can’t make legitimate predictions from correlations. 
*Predictions are not actionable because they were based on comparisons, not actual causes.

Dark Money And Stand For Children Silencing The Voice Of The People

Today, as I was attempting to finish an email I'd been working on for some time (endless distractions when you're a homeschooling mom who lives on a farm - trust me), I zoned in on yet another 'dark money' group apparently trying to end-around the system.

Representative Jason Nelson and Senator Josh Brecheen are the two Oklahoma legislators most responsible for unmiring Oklahoma from the Common Core swamp. Interestingly, these two legislators are being attacked by two separate groups - Stand For Children and an organization called Oklahomans for a Prosperous Future. 

I've written tomes about the poor business practices of Stand for Children: Who/What Is Behind Stand For Children And Expect More, Is Stand For Children's 7000 Signature Petition Above Board, Is Stand For Children Working Against Oklahoma Students, New Common Core Video Out From Expect More/Stand For Children, What's A Win Worth If We Learn Nothing From It? Suffice it to say, we've uncovered lots of information about this organization that indicates quite handily, that Stand is NOT for Oklahoma children or parents.

So what about Oklahomans For A Prosperous Future? OFAPF was registered with the Oklahoma Secretary of State's office May 2 of this year by a man named Devin L. Hughes from Oakdale Farms in Edmond who is listed as the owner of Hughes Capital Management. 

Several things about this organization peaked my interest. First, there is no record of any expenditures for this organization anywhere I was able to find on the web - nothing. According to their Facebook page, they are a 501C-4 which only means they don't have to disclose their donors, but they are still required to file ethics reports after an expenditure of $5,000.  

According to my sources, there have been at least 5, 3-color mailers to residents in Representative Nelson's district. This is not a cheap endeavor as printing of 3-color brochures and someone to create the art for them will run into the many thousands of dollars. The mailing alone will cost 10's of thousands of dollars.  If that's the case there should be some record of expenditures by this organization and yet there is not anything listed with the Oklahoma Ethics Commission or Open Records.

The OFAPF Facebook timeline declares they ENDORSE, Nelson's opponent, Colin Walke, however 501C-4 groups are considered a "social welfare" group. These groups can run 'educational' ads, but not endorse a candidate if these endorsements amount to the bulk of the work of their organization. I could find nothing else on the web listed as activities for OFAPF outside of their electioneering efforts - that's a blatant foul - and if Tea Party groups are going to be targeted by Louis Lerner and the IRS, then it seems as though this should group should also come under the microscope for possible misuse of tax status.

I also found that Hughes himself is part owner of a pro-gun control website, and that the OFAPF Twitter account is linked to @FuzzCo, an organization that does graphic design similar to the kind found on Nelson's attack mailers and also...wait for it...STAND FOR CHILDREN! 

This is particularly troubling as it appears that OFAPF and Stand For Children are working together to bring down two elected Oklahoma officials as payback for repealing Common Core. 

True, citizens have not just a right, but a duty to become active in directing the political outcomes of their state, locality and federal government. However, when this is done in a subversive manner, citizens have the right to know. Please be wise as we move closer and closer to November 4th. Do your homework on the candidates as directly as possible, not relying on mailers, TV ads or other things meant to steer public opinion without divulging motives. An educated voter will always be the best voter. Only you can protect your personal liberty.

Governor Fallin Signs HB3399 - Repealing Common Core in Oklahoma

The board of Restore Oklahoma Public Education would like to express our appreciation to Governor Mary Fallin for signing HB3399 into Oklahoma law today.

After many years of educating the public and legislators on the issue, ROPE was gratified to see the strongest bill against Common Core across the nation this year come from Oklahoma Speaker of the House Jeff Hickman and co-authors Representative Jason Nelson and Senator Josh Brecheen.  We were then pleased to see it pass the House and the Senate with such overwhelming numbers this May.

We truly thank Governor Fallin for her deliberation on this issue and hearing the voices of Oklahoma parents individually and through our legislators.  The tireless work of Representative Nelson, Senator Brecheen and other legislators on HB3399 will forever be appreciated.

Oklahoma now has the opportunity to lead the nation as never before in creating new education standards to propel Oklahoma students onto a path of excellence.  ROPE looks forward to assisting in that journey in any way.

HB3399: Why Are We Arguing Over A Percent Of A Percent?

Throughout the process of educating legislators and the public about the necessity to repeal the Common Core State Standards in order for Oklahoma to keep public education local, concerns regarding the loss of Oklahoma's waiver from No Child Left Behind (NCLB) continue to arise.  Now many organizations are calling on Governor Fallin to veto HB3399 - the strongest, most thorough repeal of Common Core in the nation, primarily because of misunderstandings regarding the way Oklahoma's NCLB waiver was written, and the power of the federal government.

How Much Effect Does Oklahoma's NCLB Waiver Have On Public Schools?

Quick review:  Oklahoma assured the Department of Education (DOE) three categories worth of 'reforms' under the state's NCLB waiver:

• Our state would adopt the Common Core State Standards (check)
• Our state would adopt an A-F grading system (check - except that the calculations were horrible and the legislature disapproved the rules for them)
• Our state would adopt a grading scale for teachers - Teacher/Leader Effectiveness - TLE (check - except now we're not going to use quantitative measures)

According to the FAQ page about our state's NCLB Waiver, the second two are considered "accountability" measures.  The state addresses a loss of the NCLB waiver on their FAQ sheet:

Now that the waiver has been approved, what will happen regarding the accountability system if the waiver is rescinded? 

Because both current state law and reforms are now in the implementation phase (such as the new A-F Report Card for Schools), Oklahoma would continue efficiently transitioning to a new accountability system in a timely manner, even if the waiver were not in effect.

Here are a few facts about the NCLB Waiver

* States lose no money if they lose the waiver, they only lose the ability to DIRECT 20% of Title 1 funds, which, in Oklahoma amounts to 0.5% of the total budget

•    $5,250,065,70
            ◦   total funding for K-12 education; local, state and federal sources

•    $646,625,448

◦   total federal education funds; 12.3% of total education funding

•    $148,119,558 

◦   total federal Title I funds; 22.9% of total federal education funding

•    $27,198,000

◦   SDE estimate of the amount of federal Title 1 funds that would be required to be set aside for supplemental education services should the state lose its NCLB waiver; 

◦   approximately 20% of federal Title I funds (20% is actually $29,623,912)  0.5% of total education funding

* States do not get MORE federal government intervention with the loss of the waiver, it's simply a different kind of government intervention - telling the state how to spend a whopping total 0.5% of a FIVE BILLION dollar budget.

*Yes, if we lose the waiver, Title 1 schools labeled as "Priority Schools" under the state's waiver would be subjected to something called "The Turnaround Model" in which the state can:

1. Close the school site, OR 2. Convert the school site to a charter school, OR 3. Fire the principal and half the teaching staff/replace with new staff, OR 4. State takeover of the school." 

Here are a few facts about the "Turnaround Model":

• It was begun in Chicago by Bill Gates while Arne Duncan was still Chicago Superintendent - his association with Gates on school reforms in Chicago is one of the reasons he became national Superintendent
• Bill Gates has funded this effort via millions and millions of dollars only for it not to work - even in Chi-town where it started out
• The DOE has provided SIG (School Improvement) Grants - for which Oklahoma has applied and received 5.6 million dollars to help failing schools in Oklahoma

• The Turnaround Model - like Common Core - has been part of the package offered states for money (State Fiscal Stabilization Funds, Race to the Top, NCLB Waiver, SIG) since President Obama was elected - this is NOTHING new and we've used it in Oklahoma already, NUMEROUS times with schools mentioned in the Waiver
• Because SO MANY Oklahoma schools will be labeled "Priority" under the new 'accountability' system, it is highly implausible that the State Dept. of Education could even enforce this part of the Waiver

What Happens When We Don't Follow The Feds - Early Innovator Grant

• Mary Fallin gave back the 54 million dollar Early Innovator Grant to set up our state's Obamacare Exchange
• Cries that the federal government was going to come in and set up Oklahoma's exchange for them were EVERYWHERE with not only policy people, but legislators parroting this talking point 
• Governor Fallin sent the money back and not only did the federal government NOT come in and set up an exchange for us, many GREAT things have happened:

• Attorney General Scott Pruitt was able to use the argument that Oklahoma didn't have an exchange as a linchpin in his lawsuit against the federal government enforcing national healthcare on Oklahomans
• States like Kansas - and others - followed Governor Fallin's lead and didn't set up their own
• Now we see states that DID kowtow to the feds are struggling with their own insurance exchanges which simply don't function

What Happens When We Don't Follow the Feds - Oklahoma DHS 

In his debate for HB3399 on the floor of the House, Representative Jason Nelson recounted his work providing accountability for Oklahoma DHS, during which, he received several official letters from federal DHS warning him they would intervene in state business if he went too far. Representative Nelson continued his work "too far", and instead of intervening, the federal government backed down.

NCLB Waivers - Like NCLB Itself - Are "Crumbling"

The following excerpt is from an EdWeek article entitled, "Five Key Questions About the Ed. Department's Move on NCLB Waivers"

Margaret Spellings, a key architect of the original NCLB law who served as secretary of education under President George W. Bush, told me two years ago that waivers would be very tough to manage and oversee.
"The waivers were a mistake," she said back in August 2012. "It's a crazy quilt of a system which I think will die [on its] own." 

Because the NCLB Waiver system has been so far reaching, there will be little the DOE can do to keep states in line - there is simply no manpower to undertake a "check and punish" system for states that go their own way.  In addition, there are so many inconsistencies in the program - who gets a waiver, who doesn't - that it leaves states room to be able to argue a DOE decision on that basis alone.

As ROPE has said over and over again, Oklahoma is a sovereign state, and the Constitution of the United States is on our side.  We can talk a good game about local control of education - and Governor Fallin can write all the Executive Orders she wants decrying the hand of FedEd in the education of Oklahoma's kids - but until we put our money where our mouth is, our words are hollow.  Let's be the DO AS I DO state and do what's best for Oklahoma kids on our own turf, in our own way without genuflecting and kissing the ring of a King.

It Takes A Village...To Stop Common Core

Because ROPE has worked for so many years chipping away at the issue of Common Core, our email boxes and Facebook pages have been flooded over the last couple of days with many sweet messages congratulating us on the passage of HB3399 - the strongest bill in the nation passed against Common Core to date.  While I know all of us at ROPE (Lynn and Julia and I) really appreciate the acknowledgements and kudos, I keep reminding people the fight isn't over until Governor Fallin signs the bill, passing on links to the letter-writing campaign and the GOP petition aimed at cajoling her signature.

I also try to continue to remind people that, while we might have lain the groundwork, there is no possible way we could have continued this mission or gotten as far as we have this year - first and foremost without God and prayer - but also the countless emails, phone calls, Tweets, Facebook posts and Capitol visits made by the THOUSANDS of Oklahomans concerned about Common Core and its effects upon the children of Oklahoma.  We would be nowhere if not for you!  For that, every single person who has sent even a single email can take some sort of ownership in whatever victory we are handed.

Though grassroots have been all-important, many Oklahoma legislators have carried the Common Core ball at one time or another.  One of the legislators ROPE appreciates most is Representative Sally Kern.  From nearly the first moment we came to her in late 2010 with what little research we had developed on Common Core by that time, she was on board to stop it.  She had been in many of the meetings during which SB2033 - the bill that began many of the education 'reforms' today including Common Core - had been hashed out.  She'd already done quite a bit of research on her own and was not in favor of Oklahoma even taking a Race to the Top grant, let alone adopting standards written outside the state.

Though none of us were really sure how to attack the problem, Representative Kern wrote the first bill to stop Common Core in 2011 (HB1714).  This bill simply took the phrase "Common Core State Standards" out of law, yet the bill failed to get a hearing in either the House Education committee and died.  That October, however, Kern was back with an Interim Study where she had us - and Lindsay Burke of Heritage Foundation - present our information alongside Dr. Barresi.  I think we can call that Baptism By Fire!

In 2012, since HB1714 wasn't given a hearing, Representative Kern reinstated the bill.  Again it wasn't given a hearing at the Committee level and the bill died.

Representative Gus Blackwell wrote HB1907 in 2013 to create a task force to study the cost of Common Core.  That made it through Committee (Gus went around the troublesome Common Education Committee that had stopped 1714 and had it heard in his Rules Committee), but Speaker T.W. Shannon kept it off the floor because the Governor had said she wouldn't sign any task force bills that year.  Instead, Blackwell was offered an Interim Study even more comprehensive than Kern's.  We didn't wait for that, however.  Immediately, Gus authored HJR1011; a joint resolution against Common Core and undaunted we held a successful Common Core is NOT Ok rally and press conference (Lynn dreamed up the slogan just in time for the event!) in the Senate hallway in late March.

Though we were unable to get ANY bill, including Blackwell's HJR heard that year, over the course of four days in October, Blackwell (and Representative Dan Fisher - Vice Chair of the Rules Committee) led a veritable parade of parents, teachers, administrators and numerous out-of-state experts who testified against Common Core - data collection, cost, math standards, English/LA standards, developmental inappropriateness. We even brought in Jaime Gass from the Pioneer Institute and Dr. Everett Piper from Wesleyan University for a quick rally at the capitol prior to the start of the Interim Study to gear everyone up.

Then, of course, this year there were no less than SEVEN bills authored in the legislature against Common Core.  After much political wrangling and positioning, Representative Jason Nelson got HB3399 out toward the end, and, after much more political wrangling, the bill finished the session as the toughest CC bill in the nation.  I have yet to record all the inside baseball on that process, but I'm sure after my head stops spinning I'll find the time.

In the meantime we absolutely have to thank Speaker of the House Jeff Hickman for including us early on in the process, Representative Jason Nelson for his countless thousand hours of study and meetings about and on the bill to make it the very best it could be, Senator Josh Brecheen for having the gumption to bring a Common Core bill directly to the floor because the issue wasn't getting a hearing in the Senate Education Committee - and for his tireless defense of and work on the bill, Senate Pro Temp Brian Bingman for including us in meeting after meeting on the Senate side to help work through the process, Senator Anthony Sykes for his legal expertise on rules, and of course (though there are many others to be singled out as well) Representatives Gus Blackwell and Sally Kern for their continued desire and commitment to make Common Core a dead issue in Oklahoma.

Now, as we wait to hear whether or not Governor Fallin will sign HB3399, the amount of time and effort we've actually put into this fight comes back.  Yes, I've briefly described each previous session's bills, but what I haven't described is all that has gone on in the background - all the meetings and phone calls and research and emailing and lobbying and event planning and logistics and long-range planning and volunteer wrangling.  Then there's the traveling.  I promise, as I've traveled all over this state the last four years - from Grove to Woodward, from Skiatook to Durant - educating people on Common Core, I've put thousands and thousands of miles on my Expedition, spent thousands in gas and worn my family out.  We've set up tables at festivals, GOP rallys and conferences - all without pay - taking any gas money participants would throw our way.  We've attended the Education Policy Conference in St. Louis every year for four years at our own expense - and other conferences besides.

A thousand times for a thousand different reasons (speaking engagement, lobbying, meeting, etc.) I've dumped my poor kids off on my mom Phyllis Morrow, my mother-in-law Martha, my friend Nancy Blalock, my sister-in-law Catherine Wagner, or my friend Tammy Case and I so appreciate their understanding and constant support.  I thank Kelly McCurry, Dawn Shelton, Bobbie Wallace and all the other instructors at our Classical Conversations home school campus for their understanding and support when I've done nothing some days but ignore my own kids while I talk or text on my phone from 9am to 3pm. I've stayed up past 2 and 3 in the morning countless times (including tonight!) writing emails or papers or press releases just to have to get up at the crack of dawn and start household and farm chores that also include educating 3 kids who stay home with me all day, all the while trying to find the time to fold the 5 loads of clothes from the dryer.  I guarantee without the good graces and support of my husband, there would have been no ROPE in the first place, let alone after all these years!  Truly, I have been blessed with an unbelievably precious husband.

One of the best things about this journey has been the hundreds and hundreds of truly wonderful people I've met over the years.  People that just couldn't possibly be nicer individuals.  People that just want their government to leave them alone and quit 'helping' them raise their kids and grandkids - people like Cyndi and John McArtor with Get America Back in Grove, Jerry and Shirley Waddle of the Konawa Tea Party, Tonya Nix and her crew of PTO moms in Canton, Andie Hutchinson near Ceiling, Thompson and Gina Spier from Okemah, Gary and Celia Lanham from Osage County Republicans and Cheryl Carman and the merry band of Republican women in Miami (to name a few) - all have become like extended family and I love them dearly!

Fortunately, over this year there has been a huge influx of education activists!  Though I hate things are going so poorly for so many kids that so many moms are up in arms, it has been great to meet so many of them and watch them activate their friends and neighbors to also get involved.  Moms like Joy Collins of Bartians for Academic Freedom, Kim Wheeler of Sapulpa Against Common Core, Kristal Picolet of Owasso Against Common Core, Jama Harris of Oolagah Against Common Core, Melissa Harcrow and Dr. Barbara McClanahan of Tri-County Parent Action Committee, teacher Jaime Minter and moms Angela Little and Melissa Wilkins of Oklahoma Parents and Educators For Public Education - and so many more I've forgotten to mention - but it's been such a blessing to have them out there fighting for Oklahoma's kids.

Longtime Oklahoma education stalwarts Professional Oklahoma Educators (POE) and former Oklahoma State Superintendent candidate (and unconfirmed Secretary of Education under Governor Frank Keating), Linda Murphy, also jumped into the fray; POE providing an extraordinarily helpful survey of their teacher membership showing only a very few supported Common Core - Murphy providing historical research showing Common Core's roots in Outcome Based Education.

Though I truly believe God called me to this journey, there have been plenty of bumps along the way - Board members that have moved on, loss of friendships for reasons unknown, my apparent ability to rub the wrong way those that could have been better allies, the inevitable 'circling of the firing squad' I've seen happen over and over again to Conservatives as they try to activate toward a cause (this is the most harmful because the collateral damage from infighting ruins more than just the person or persons at which the guns are aimed - it can ultimately destroy the cause.  I've seen it happen and this, in my opinion, is why Conservatives lose so many political battles.).  I guess it matters not in the end so long as we end up helping kids and parents, but I'm only human and that part sucks.  I mean really, politics is a dirty, confusing, frustrating enough steer to wrestle all on its own, why anyone would want to make it harder or more unpalatable, I just don't understand...

Troubles are often offset by joys and it has been a joy to have met moms (and dads) fighting Common Core all across America through the Truth in American Education (TAE) network we were asked to join in 2011 - Heidi Huber in Ohio, Kristen George in Kansas, Gretchen Logue in Missouri, Yvonne Gasperino in New York, Alisa Ellis in Utah and Christy Hooley in Wyoming, Emmett McGroarty of American Principals Project and James Wilson and Shane Vander Hart of TAE to name a few.

It's also been a blast to have been flown out to be on the Glenn Beck show with Dana Loesch, talked with Wild Billl McKubby from WBYZ-FM in GA, Pat Campbell at KFAQ in Tulsa, Reid Mullins now at KZLS 1640 and get to know people like Kyle Olson of EAG News, Joy Pullman of Heartland Institute and Dr. Sandra Stotsky, Ze'ev Wurman and other amazingly smart people who have more brain in their pinkies than I have in my whole brain case.

As I wrap up at 2:20am, I need to say that no matter how far ROPE has gotten in years past, I am absolutely positive the synergy created by the working relationships formed this year after years and years of relationship building are what it took to get the job done.  This year, we not only had all our old friends backing us up - like Ronda Vouillemont-Smith of the Tulsa 912 Project, Carma Neta Morris and Karen Yates of the OKC912Project, Bunny Chambers of the Oklahoma Eagle Forum, Tracey Montgomery with ParentalRights.org - but National Republican Committee Woman, Carolyn McLarty (who wrote the RNC resolution against Common Core signed by every Committee Man and Woman from across the nation) and Holly Gerard, GOP royalty and campaign manager extraordinaire!  Joy Collins has taken over much of our calendar, event and meme-generating chores (and got her picture taken with Mary Fallin in a Stop Common Core t-shirt!) and Don Krumme of Stop Common Core in Oklahoma is doing a FABULOUS job of spreading news and action alerts far and wide across Facebook (as well as generating the most hilarious memes!).  We are also helped by one who wants to remain the "player to be named later", but without whose organizational (bordering on the obsessive/micromanagement style, lol) skills we would have been all off doing our own thing and not working TOGETHER, which is really what it is taking to finish the job.

In fact, though we've worked hard in the past, I felt this year we worked CONSTANTLY.  I mean, just when I thought I could take a break, I'd get a phone call or text to do this or that or get on a conference call so everyone could be on the same page.  Between helping coordinate capitol rallys and visits and researching/writing, I swear this seemed the hardest year of them all.  But again, all of it will be worth it when Governor Fallin signs the bill.

True story.  When I was in college, I had a microbiology professor - an old bench scientist that looked like Grizzly Adams - and I just loved him to death.  One day we were talking about a terrible grade I'd made on an Cell Physiology test and he said, "Jenni, you're never going to be a rocket scientist, but you are tenacious as anyone I've ever met.  Sometimes that's all it takes."

Even if Governor Fallin signs HB3399, the fight is not over.  We will have to stay diligent - and isn't that really our jobs as citizens anyway - to stay active and involved in the political process at a constant level - to protect ourselves from a government that won't protect us themselves?  I've seen people post comments about what a long fight it's been to stop Common Core to this point yet I'm pretty sure they mean since February of this year.  Tenacity is necessity in guarding one's liberties - like the Apostle Paul said in Hebrews 12:1, "Wherefore seeing we are also compassed about with so great a cloud of witnesses, let us lay aside every weight, and the sin which doth so easily beset us and let us run with patience the race that is set before us..."  No matter what happens, "Never, never, never give up," Winston Churchill.  Our kids will ALWAYS be worth fighting for and we'll always have to be ready to defend them.

Bill To Repeal And Stop Common Core Passes Oklahoma House and Senate May 23

The last day of the 2014 session, Friday, May 23rd, the Oklahoma House passed HB3399 with a wide margin.  Hours later, the bill passed the Senate and has now reached the desk of Governor Mary Fallin. All indications are that she will sign the bill, however, she could execute a pocket veto if the bill is not signed before Monday June 2.

If signed, HB3399 would be the most thorough removal of Common Core from any state of adoption in the nation to date.  The bill:

1. Repeals Common Core from state law, creating a framework for standards to be written by Oklahomans over a two year time period.
2. Directs a return to the state's previous standards and tests during the interim.
3. Requires the "mastery of the "standard algorithms in math" - the "most logical, efficient way of solving a problem that consistently works", in attempt to curb the concept of 'fuzzy math'.
4. Requires Oklahoma's new standards be compared against the Common Core State Standards to ensure they are NOT in alignment.
5. Provides legislative review and approval of finalized standards as created through the State Board of Education.
6. Prohibits the state Board of Education from entering into any agreements that would in any way cede control or authority of Oklahoma standards or tests.
7. Directs standards and tests to be developmentally appropriate.
8. Creates a paper and pencil test option in the event online testing creates issues for students.

Restore Oklahoma Public Education (ROPE), has advocated against Common Core since 2010, working with state Representative Sally Kern as early as the 2011 legislative session to author a Common Core repealer bill.  Since that time, there has been at least one Oklahoma House bill authored against Common Core every session.

"I am gratified and very thankful to have so many in our State legislature allow us to educate them on the issue of Common Core over the years.  Had so many members not maintained an open mind and reviewed our research, there would have been no way to have passed this kind of comprehensive bill", said Jenni White, President of ROPE.  "We ALL want high standards for our children, but we especially want parents involved in the process of educating their children.  Common Core was putting a wedge between parent and teacher, teacher and administrator, and all but neutering school boards.  Local control of education has been proven time and time again to be the best system for ensuring students the best possible educational results."

"ROPE also thanks Speaker of the House Jeff Hickman and Senate Pro Temp Brian Bingman for their excellent leadership in keeping this bill moving through the process. In addition, Representative Jason Nelson, and Senators Josh Brecheen and Anthony Sykes did yeoman's work in the production of a bill to bring Oklahoma's education back to Oklahoma parents and educators and we will forever be grateful for their efforts and advocacy."

"We are so very proud to have worked side-by-side with many other great group leaders across the state this year to educate parents, grandparents and Oklahoma citizens against Common Core," White said. "Without their education of others in their neighborhoods, cities, towns and through social media - as well as the tireless phone calls and emails made to the state Capitol by countless thousands of Oklahomans pleading legislators to stop Common Core - this kind of overwhelming victory would have been nothing short of impossible.  We now humbly ask Governor Fallin to sign HB3399 into law and eagerly await the date we can celebrate with her, this tremendous win for public education in Oklahoma - and across the nation."

-X-

Current Status Of Common Core Legislation (3/7/2014)

We started the legislative session in Oklahoma with 7 bills relating to Common Core.  I documented all the bills and gave a brief synopsis prior to the legislative session, however, now here we are - not even half way through the legislative session and we're already down to ONLY three survivors:

1. HB3399 by Speaker of the House Jeff Hickman (formerly Jason Nelson)
2. HB3167 by Gus Blackwell and
3. SB1310 by Eddie Fields

• SB1310 was the only bill by Fields to pass out of the Senate Education Committee (he had two - SB1146 was a repeal bill - SB1310 is a Task Force Bill).  Unfortunately - as I told Senator Ford - we have studied Common Core in some capacity for two separate years (2011, 2013), there is absolutely no reason to 'study' it further.  This bill is alive and scheduled for a vote in the full Senate.

• HB3167 is a full repeal bill that provides six years in which districts may try any form of standards and curricula they desire.  A Fiscal Analysis has been attached to the bill that states a repeal could result in a significant loss of federal funds.

• HB3399 as currently written does a number of things:

• It prevents the Oklahoma State Department of Education (OSDE) or any state entity or agency from ceding control over standards, curricula, tests or data to an outside entity, ie; the federal government or private entity.

• It forces the state agencies and individuals that are party to federal grants, agreements or contracts having to do with public education to amend the agreements to get out of them.

• It STOPS Common Core AND Common Core testing implementation for two years.

There has been much confusion regarding these bills.  This morning I was talking to the creator of Bartians for Academic Freedom, Joy Collins.  Below, I am pasting a section from her Facebook page today because she has so aptly described the situation there is no need for me to reinvent the wheel:

HB 3167 - Removes the state mandate and leaves a choice for the schools to keep the standards in place (personally I don't see my school district removing them, how about yours? And does this end the nightmare of the ACT and the SAT?) I acknowledge it is a start, but it is not an complete answer to our prayers. There will be a lot work left to do.

My cousin, who teaches in Texas, has been dealing with C-Scope (the evil step sister of Common Core) in her classroom, and she can attest that just because the state removes the mandate, doesn't mean the standards go anywhere. Her school district holds the opinion that they have spent too much money and aren't getting rid of C-Scope in the schools.

HB 3399 - Freezes the mandate for implementation for two years, removes the Common Core testing mandate, and puts the PASS assessments back in place until 2016-2017, and prevents federal intervention in state education. If PASS is the test, then PASS will more than likely the be curriculum. It gives us the opportunity to see the lame ducks go, vote for people who reflect our ideals into office, and get rid of this horse manure once and for all. 

Some say, Governor Fallin wants to sign HB 3399 to be a hero in her campaign for reelection. I say…praise God! With more time we will continue to educate and get better legislation in place. Whoever thought this would this would be short journey clearly didn't pack enough clothes. In the meantime, as we continue to educate and demonstrate. We must also quit assuming we know what is going on with politicians behind closed doors. A little less he said/she said would go a long way. Who knows, maybe with a little authoritative prayer, Governor Mary Fallin might just come through for us. I am only a political novice who is learning by the day, but slandering any politician without clear evidence weakens our movement and cheapens our integrity.

We agree!  Is the issue STOPPING Common Core or backing a bill number?  ROPE has been lobbying, studying, writing, and speaking all over the state to anyone who would listen in order to STOP Common Core, since 2011.  We will back ANY legislation that STOPS Common Core BEFORE it is fully implemented in Oklahoma by law next year.

Unfortunately, Common Core is like a hydra. There are way too many heads to cut off by a simple repeal.  In addition, Governor Mary Fallin, is the head of the National Governor's Association.  She has touted these standards as an accountability measure since she came into office.  According to a conversation Joy had with the Governor last night - where a group staged a protest outside her new campaign office in Tulsa - our Governor believes her Executive Order on Common Core STOPS Common Core.  Of course it does nothing of the kind, however, we have also been told she will VETO any Common Core repeal bill - especially if there is a negative fiscal impact.

We understand from numerous sources who have been to the capitol, that Katie Altshuler (the Governor's Policy Director over education) has been speaking directly to legislators - lobbying against efforts to STOP COMMON CORE.

ROPE has ALWAYS determined to assist parents in their efforts to protect their children and retain their parental rights by STOPPING Common Core, whatever that looks like, whatever the bill number is, whomever is the author. If a bill can be cobbled together that will not only pass the Senate from the House but be SIGNED by the Governor - we're IN - but it will take a UNIFIED voice to get there.  

If you want to STOP Common Core, continue to help us with emails to Katie Altshuler's office, YOUR PERSONAL Senator and Representative and the Governor.  Sign up for our emails. We will give you ideas as to how to take action.  Thank you for ANY assistance in our battle to STOP Common Core in Oklahoma!