Over the past few years, as almost every state adopted the Common Core standards, Secretary of Education Arne Duncan insisted they did so voluntarily. He insisted that the creation of the standards was “state-led” and that the federal government had nothing to do with it. No part of these statements was true. The states adopted the CC because they would not be eligible to compete for a share of nearly $5 billion in Race to the Top funding unless they did so. “State-led” meant that the Gates Foundation, which enjoys a close relationship with the US Department of Education, paid more than $200 million to create and evaluate CCSS, and as much as $2 billion to aid in their promotion, advocacy, and implementation.
It would be illegal for the US Department of Education to direct, supervise, or control curriculum or instruction, so Duncan has pretended he was an arms-length observer.
But he was not and is not.
Mercedes Schneider tells the story here of Duncan’s efforts to force Indiana to stick with standards that were allegedly “state-led” and that were not as good as the standards that Indiana previously had. On what legal authority does he have the right or power to tell a state what its academic standards should be? None.
When Indiana recently threatened to drop the Common Core, the US Department promptly sent out a letter threatening to withdraw the state’s waiver from NCLB, on grounds that Indiana had promised to adhere to high academic standards as a condition of getting the waiver.
The irony here is that Indiana already had superior academic standards prior to adopting the Common Core. Even the conservative policy group, the Thomas B. Fordham Institute, rated Indiana’s academic standards as at least equal to, perhaps superior to, the Common Core.
Duncan likes to tell the media that “we are lying to our children.” In this case, to put it euphemistically, he is prevaricating to the public.
Diane Ravitch's blog 
Duncan is in violation of the law. As Mercedes Schneider has pointed out many times, here is the relevant statute:
(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS-
(1) IN GENERAL- Notwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this Act. [Emphasis added.]
ESEA Subpart Two,Section 9527(c)(1):
Of course he (and Obama) are violating the law, but fat chance this Congress is going to hold both of them accountable.
The law is very, very clear on this. And Duncan and Obama are very much in violation of it.
But it doesn’t look like the far right will act and take advantage of this calling for a Congressional investigation into the illegal acts of the Obama administration and his pet Duncan, because what Obama is doing shutting down public schools and turning them over to the private sector is one of the far right’s goals too.
The only thing the far right doesn’t like is the Obama’s Common Core program. Therefore if Obama’s Common Core fails and is abandoned, then the far right wins everything they’ve fought almost forty years to achieve. Then Obama loses and millions of teachers, kids and parents also lose.
When I saw far right, I’m talking about the Koch brothers libertarian tea party people who want to turn the world over to corporations and create a world ruled by anarchy and private corporate armies with private prisons.
I think that some member of Congress should initiate impeachment proceedings based on this.
However, ESEA Subpart Two, Section 9527 (c) (2) states: RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to affect requirements under title I or part A of title VI.
Under Title I, Part A, Subpart 1, Section 1111 State Plans, there is the following.
(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY-
(1) CHALLENGING ACADEMIC STANDARDS-
(A) IN GENERAL- Each State plan shall demonstrate that the State has adopted challenging academic content standards and challenging student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part, except that a State shall not be required to submit such standards to the Secretary.
What the current administration is requiring as part of the ESEA waiver process is that the criteria for demonstrating that they have adopted challenging academic achievement standards is to show their attainment leads to “college and career readiness.” In their waiver process this can done by adopting standards common to a significant number of states, i.e. Common Core, or have the state’s institutions of higher education certify that students who meet the standards will not require remedial coursework at the secondary level.
As a result the federal Department of Education does not approve or certify Indiana’s standards. It is, however, requiring either Common Core or an in-state higher ed review. Clearly many may disagree with this as a matter of federal policy, but it is probably legal.
Minnesota completed the higher ed review for their math standards and Virginia completed the higher ed review for both their ELA and math standards.
This is clearly illegal. It’s blackmail. How is this different from a mob—for instance, the mafia—forcing businesses to pay protection money or the business owner faces the risk of being beat up, killed or run out of business?
The DOE isn’t threatening anyone with violence, for starters.
True. But using billions of dollars as a lure is blackmail just the same. If Duncan offered millions to anyone, it would be hard to say no, and it isn’t even his money.
I would disagree that it’s “just the same,” citing my own preference for receiving billions of dollars over being beaten or murdered.
True, being bribed with billions of tax money is much better than being beaten and murdered.
Who really knows? The DOE actually has its own SWAT team, as do the Department of Agriculture, the Railroad Retirement Board, the Tennessee Valley Authority, the Office of Personnel Management, the Consumer Product Safety Commission, and the U.S. Fish and Wildlife Service.
Jack’s right
In addition, the United States has a history of violence against workers and/or citizens who dare to stand up against corporate America and its profits.
He first mentions the ruthless Robber Barons soon after 6:00 minutes.
He gets to the workers at 8:20. Mention of unions starts at 9:00.
Indiana was one of three states whose standards were ranked at better over all then Common Core State Standards. I like to point that out at every opportunity. Michael Petrilli of the Fordham institute, testified before the Indiana state legislature that they should stay the course with CCSS because
1) Indiana already spent so much money implemented standards (that were lesser then the standards that they had)
2) Despite Indiana’s top rated standards, they had one of the lowest student achievement records on the NAEP. (That seems to be an argument against standards)
3) CCSS is the greatest thing ever, and Indiana students and teachers will miss out
Click to access SOSSandCC2010_FullReportFINAL.pdf
Petrilli also points out that President Obama politicized Common Core by taking credit and that was a mistake. I wonder how he will back peddle this time.
http://www.edexcellence.net/commentary/education-gadfly-daily/flypaper/2013/mike-petrillis-testimony-on-indiana-and-the-common-core.html
http://www.scribd.com/doc/222358371/In-CCSS-Crosswalk I believe this is the comparison of new IN to CCSS standards, which just looks like a rewording, not a brave stand back to 2010 standards.
Thank you Diane for keeping us informed as to the actions of Sec. Duncan.
“Even the pro-reformy policy group, the Thomas B. Fordham Institute…”
There, fixed it for you.
The legal walls are finally starting to tumble down. Like the first dominoes in a long line. No Attorney [will be] Left Behind.
More attorneys from the start could have helped prevent a lot of this mess.
True. However, they smell blood ($$$$$$) now.
Florida did the same thing as Indiana.. why has there been no pushback on Florida. Could it be that Florida provided documentation that they are still really using Common Core???
Or Jeb is running for president.
There is not a chance in Hades that this man can become president. There is a great and growing antipathy for Ed Deform in the country. The oligarchs, in their echo chambers, have no clue how great this antipathy is. Let them put this man forward as a candidate. This could be the best thing yet for the CounterRheeformation.
Bob,
The GOP could easily run Jeb for president because the Republicans are under the thumb of the far right and they are out of touch with reality of the majority of Americans.
“As the Republican Party has gotten smaller, it has become more conservative. … Republicans More Critical of Their Party’s Performance.”
Scroll down to the chart with this title: Over Past Decades, Fewer Moderate Republicans, More Liberal Democrats.
The GOP has lost a good number of moderates to Independents.
Blue shades for Democrats
Green shades for Independents
Red/Pink for Republicans
http://www.people-press.org/2012/06/04/section-9-trends-in-party-affiliation/
The far right believes in the myth of the silent majority, and that may lose them the next presidential election.
This would be a great move for the Dimocrats, but as you say, it wouldn’t be surprising, at all if they did something this lame brained, for the Repugnicans are just as out of touch with the people as are their opponents, uh, colleagues, in the rival gang, uh, party, across the aisle.
Is it possible for the U.S. to have new viable political parties started by the independents who are sick of the two choices.
Bill Gates’ Secretary of Education, Arne Duncan: Mandating? Threatening? First time? Nope.
Read the following from the pro-charter/privatization editorial board of the LATIMES in September of last year:
[start quote]
Enter U.S. Marshal — er, Education Secretary — Arne Duncan, with his education reform guns blazing. He takes a dim view of AB 484 because not all students would take a test this year, as the law requires, and because the state would not release the results of this practice run, either publicly or to the federal government. That would keep the Department of Education from using the scores to determine whether schools have met their targets under No Child Left Behind. California Supt. Tom Torlakson says the state will not back down, even though Duncan is threatening to withhold some or all of the approximately $1.5 billion it receives each year in federal Title I funds.
[end quote]
Click on the link below—and google—for more context.
Link: http://articles.latimes.com/2013/sep/16/opinion/la-ed-no-child-tests-california-ab484-20130916
I notice that lately no one has disputed my use of the term “edubully” to describe such folks.
😎
I don’t really see why all the state’s should have to ask for some waiver, or executive pardon from some draconian regressive federal policy that makes about as much sense as don’t ask don’t tell. Just get rid of NCLB, pronto.
NOTE:
The following bill cites the reason for agreeing to the implementation of Common Core is as follows:
WHEREAS, In 2010, Illinois became one of 48 states to opt
into the Common Core State Standards Initiative by accepting
federal funds from the American Recovery and Reinvestment Act
of 2009 and through the Race to the Top initiative of the
federal government
As of February 20, 2014, the status of Illinois’ adoption of Common Core State Standards is, “Rejection Pending.”
To view information on this topic, please visit:
Click to access RetainMap022014v5.pdf
Click to access IL%20SRO638.pdf
Click to access IL%20SRO638.pdf
Among the reasons cited for this rejection are the following:
• The Common CoreStandards, which are largely untested in the United States,will substantively change the educational standards for students in Illinois, thus affecting every teacher and studentin the State.
• The only substantive cost analysis of the implementation of the Common Core State Standards was conductedby the Pioneer Institute, a non-partisan, privately fundedresearch organization, which estimates the financial impactfor Illinois to be close to $773 million over 7 years.
• There are many school districts who lack the technology, infrastructure, and funding to create anenvironment for the online-standards testing required by thePartnership for Assessment of Readiness for College and Careersor the new textbooks that will be needed to teach to the CommonCore State Standards.
• The State Board of Education has not secured funding for schools that will need curricular, technological,and infrastructure upgrades.
• The most recent data shows that close to 67% of school districts are operating with a deficit, the prospect of a pension cost-shift, and other expensive unfunded mandates by the State.
• It is inconceivable to require districts to incurcosts to upgrade schools in their respective districts becausethe State Board of Education unilaterally made the decision tomove to the Common Core State Standards, without counsel fromschool districts, without a strong statewide informational campaign about the Common Core State Standards, and withoutperforming a cost analysis for school districts and the State.
Therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERALASSEMBLY OF THE STATE OF ILLINOIS, that we urge the StateSuperintendent of Education and the State Board of Education to delay the implementation of the Common Core State Standardsuntil a Board-authorized and conducted study shows the costs associated with the Common Core State Standards and the Partnership for Assessment of Readiness for College and Careers; and be it further
RESOLVED, That the State Board of Education and GeneralAssembly create a viable plan to provide funding to school districts that need improvements and modernizations to comply with the new Common Core State Standards and the Partnership for Assessment of Readiness for College and Careers; and be it further
RESOLVED, That suitable copies of this resolution be delivered to the State Superintendent of Education and the State Board of Education.
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OK – someone disabled my dropbox. Shocker! The last link is as follows:
Click to access RetainMap022014v5.pdf
Here is the House Resolution:
Click to access IL%20HR0543.pdf
US DOE is American version of National Education Ministry that has an absolute power and control over state/local schools. It’s not just one, thin and tiny branch of ministry–like Japan’s MEXT–which is separated from other departments within the central
government. Unlike a meek, coward MEXT who always gets tormented by other ministries(Finance, Economic/Trade Industry), Prime Minister’s Office, and business/economy lobbyists, US DOE has close connections with other departments to share political interests for market-based reform. It’ like having Ministry of Economy/Trade Industry(METI), Ministry of Internal Affairs(MIA), Ministry of Health, Labor, Wealth(MHLW), Ministry of Public Transportation, Ministry of Agriculture and Fisheries dance in the floor.
“. . . superior academic standards. . . ”
Now there’s an educational oxymoron if I’ve ever seen one.
Almost as good as “Arne Duncan, Secretary of the Department of Education”
“…superior academic standards…” ranks right up there with such classics as “military intellgence”, “honorable legislator”, and “altruistic reformer.” I swear, this corrosive hypocrisy is eating away at my faith in people to do the right thing.
Luckily, the waivers appear to be granted with some rational process, similar to a witch test. Make a waiver cake, combining rye meal with shredded standardized tests. Feed to a dog. If the dog writhes in pain, withdraw the state’s waiver.
Why isn’t the proof, and it’s so obvious it’s blinding, of Duncan involved in the creation of the standards ignite law suites even to the Supreme Court on unconstitutionality? Why isn’t the No Child Left Behind and the Race To The Top money, linked in a million ways to the standards enough to take this to the Supreme Court?
I read the letter a bit differently. The Common Core and the PARCC/SBAC assessments were the easiest way to meet the waiver requirements, but there have always been alternatives. The letter is asking that Indiana meet the alternative requirements now that they have moved off Common Core.
Click to access IN_050114.pdf
First, the Department of Education is asking Indiana to address two areas in light of the standards change. The first is to have the new standards reviewed by Indiana’s colleges and universities (IHE’s) to affirm that students who meet these standards will not require remedial coursework at the postsecondary level. It seems to me that what the Department of Education is asking is similar to what Virginia had to demonstrate to acquire their waiver without adopting the Common Core.
Because the certification of the standards is by Indiana’s institutions of higher education, technically this is not a case of the federal Department of Education certifying the standards.
Second, the Department of Education is asking Indiana to show that its state assessments are aligned to its new state standards. Alignment of standards and assessments is not a Duncan invention. I think it goes back to the 1994 ESEA reauthorization. It is a matter of routine for states to show that their assessments are aligned to their standards under ESEA.
There really isn’t anything novel here and if the Department of Education did not ask Indiana to address these items they would be treating it differently than other states’ waivers have been handled. Indiana’s challenge is that the timing of their move away form the Common Core creates a time crunch.
I suggests that the state hire Andrew Porter former president of the American Educational Research Association to do the alignment study. He found that state assessments and standards had low alignments, so that if a teacher followed the state standards, they were in a lottery for passing the state tests. Also, Arne Duncan has a habit of lumping all institutions of higher education together as if entry requirements were the same for a tech school offering certification for a specific trade versus a highly selective private or public research university. In other words, he hedges around in exactly the same way as the writers of the CCSS.
They might! Andrew Porter chairs some state Technical Advisory Committees already.
http://www.andyporter.org/committees
It will be interesting to see how this repeats or doesn’t in other states that are backing out in their own ways. Some may get the same treatment, some may skirt the edge of punishment but get away with it. In TN, for instance they’ve delayed implementation and will bid out a replacement for the testing. We’ll see exactly what that comes up with and how that plays in terms of the waivers.
Carrot=bribery
Stick=extortion
I think we also need to ask our state legislatures under what authority they put our kids into Common Core. We have to have a school board vote if we want to install a new swing set, but they can change how every student will learn by fiat?
well said!
Interestingly, Secretary Duncan’s own children attend public school in Virginia so will not have the opportunity to experience Common Core.