Sarah Sparks writes in Edweek about a curriculum company that is suing a parent in Wake County, North Carolina, for criticizing its math program. The company says the parent is defaming its product. The parent’s lawyer says the company is attacking the parent’s First Amendment rights.
As the story notes, this is a SLAPP suit, a suit meant to silence public criticism. The last time I encountered this sort of thing was when a charter company filed a suit against a school board member in California for negative criticism. The ACLU came to her defense. It should defend this parent too, who is using his Constitutional right to disagree with a program adopted by his district.
A group of families in Wake County, N.C., have pushed for months to get the district to stop using a controversial new curriculum. Now the company behind the curriculum is suing one of the most vocal parents for defamation.
It’s a surprising move that some say could have broad implications for parent advocacy around curriculum and instruction. A win by the company “would certainly cast a shadow on the idea that parents have a right to participate in their own children’s education, to criticize schools for buying particular textbooks, to voice their concerns about instruction and curriculum,” said Tom Loveless, an education researcher formerly at the Brookings Institution, who is not involved in the case.
The Mathematics Vision Project, a nonprofit provider of open source math curricula, filed a complaint this summer against Blain Dillard, a parent in the Wake County public school system. MVP has accused Dillard, an outspoken opponent of the math program, of libel, slander, and “tortious interference with business relations.”
The company alleges that Dillard has launched “a crusade against MVP” through his online criticism of the curriculum and advocacy with school officials and employees.
In a written statement to Education Week, Jeffrey Hunt, Dillard’s lawyer, wrote that the lawsuit “has no legal merit.”
“It is alarming that a parent would be sued for defamation for expressing opinions and making truthful statements about his son’s high school math curriculum,” Hunt said. “The lawsuit appears to be an attempt to silence Mr. Dillard and other critics of MVP, and to chill their First Amendment rights to speak about MVP’s services.”
The district is entering its third year using the MVP curriculum, which received a favorable evaluation from the curriculum reviewer EdReports. The open source curriculum emphasizes problem-solving and collaboration—students learn by working through problems, and teachers are expected to act as facilitators.
For months now, parents have spoken out against lessons that they say are confusing and poorly structured, lodging complaints with the district and making statements at school board meetings. Parents said their children weren’t getting enough direct instruction and were encouraged to rely on their classmates for help. As a result, they said, students who used to get As and Bs were now getting Cs and Ds, which would have long-lasting effects on their grade point averages and college prospects.
Barbara Kuehl, an author and consultant at MVP, said that the organization’s materials encourage a variety of methods. “Our curriculum not only supports well-timed direct instruction, we advocate for it,” she said. Kuehl declined to comment on the lawsuit, citing pending litigation.
Pushback from parents over a new curriculum, and particularly a discovery-based program, is nothing new, said Loveless.
“There have been all kinds of programs that have been oriented around that philosophy, and they have been quite controversial,” Loveless said.
What is new? A curriculum provider suing parents over such complaints.
the math curriculum is horrendous in California. obviously written by those who want 7 and 8 year olds to engage in abstract reasoning.
That would be Jason Zumba (aka, Zimbot) who wrote Common Core math standard and thought 5th graders should know how to use matrices.
The fellow knows math but is completely clueless about brain development.
He got paid a lot of money (hundreds of thousands of dollars, minimum) for the junk be called a national math standard and then tried to blame the failure of the program on “implementation ” (aka, teachers)
Like his CC partner, David Coleman, Zimbot is just pathetic.
Jason Zimba
Self correct strikes again.
“The open source curriculum emphasizes problem-solving and collaboration—students learn by working through problems, and teachers are expected to act as facilitators.”
This is the current zeitgeist: giving kids onerous mental chores and expecting that to produce more learning than listening to a teacher.
ALL the research says this doesn’t work (http://www.cogtech.usc.edu/publications/kirschner_Sweller_Clark.pdf) yet almost every school has drunk this Kool Aid. Our profession is a shambles.
Yet I love the image of Zimba promoting his math standards via a Zumba salsa routine…
Come on, Ponderosa. You know better than link to that paper, yet again, which is trying to make the case for full guidance, where kids sit quietly and listen to the teacher, by claiming, minimal guidance doesn’t work.
There is full guidance and minimal guidance and there are many possibilities in between. You and the paper ignore the possibilty of partial guidance.
Definitely a good strategy for getting your program adopted. Threaten the users! How stupid can you get? If you really believe in the program, send someone out to address problems.
SLAPP suits shouldn’t surprise anyone because:
I think Trump has been challenging the 1st Amendment, complaining and threatening anyone and anything that criticizes him (good thing Trump is only one inhuman monster or everyone that points out his corruption on-line would be under attack from the Twitter Beast), before he became the first illegitimate President of the United States with help from a long-time enemy, Russa.
In addition, Trump is not the only corrupt private-sector vampire business person or corporation to use Nondisclosure Agreements (NDAs) to silence people and strip them of their 1st Amendment rights. For decades, Trump has used NDAs to silence even the prostitutes he pays (and he was breaking the law just like the hooker was). How many times has Trump used an NDAs to silence the witnesses of his crimes/frauds?
In fact, some and maybe most corporations now have NDAs (lost in the tiny print only seen through magnification) built into their very-long contracts when we lease a car and/or other big-ticket items.
Do you think he is still in love with North Korean dictator Kim? He sure is in love with Vlad Putin.
Yes, I think Trump is in love with the idea of dictators like Kim and Putin. He dreams of being just like them, but I think he will be worse if his dream, our nightmare, comes true.
In a recent column in the NY Times, Frank Bruni predicted that we would never be free of Trump. Even if he loses the election in 2020, he will continue to hold rallies and be a public nuisance. At least he won’t have control of “his” Army, Navy, Marine, Air Force, or have the Red Button.
Bruni predicted that there would be a battle for succession to the Throne between Ivanka and Don Jr.
I’m hoping he ends up in prison and they take his iPhone away. I’m concerned about what he will do if he looses the election. He has stated that he should run for more than two terms.
Carol, his great desire is to be “president for life,” like his dear friend Kim in N. Korea.
Russia has an excellent math curriculum. It has been adapted all over the world as the “Singapore” system. But it originated in the Soviet Union. You folks, as teachers, should know that.
“For months now, parents have spoken out against lessons that they say are confusing and poorly structured, lodging complaints with the district and making statements at school board meetings.”
What is wrong with school board members who ‘know more than parents’? It’s disgusting to protest and never get heard.
“tortious interference with business relations.”
Does that mean a tortoise ran interference for him?
The math curriculum that is under fire is designed to comply with the so-called Common Core State (sic) Standards. That is problem one. These standards were bought and paid for by the Bill and Melinda Gates Foundation at the behest of Bill Gates. Criticisms of the standards and the way these were foisted on schools are abundant. There is no way a single parent group can really do more damage to the reputation of the Mathematics Vision Project than has long since been done to the Common Core.
The Mathematics Vision Project, LLC is the legal name for a privately held company in Murray, Utah dating back to 1213. In 2016, this LLC secured a trademark for the Mathematics Vision Project.
https://trademarks.justia.com/869/00/mvp-mathematics-vision-86900482.html
Meanwhile the website for The Mathematics Vision Project has a non-profit identity, (mathematicsvisionproject.org), likely the result of becoming joined at the hip with to OpenUp Resources, and quite recently.
https://openupresources.org/math-curriculum/high-school/.
Readers should know that the Bill and Melinda Gates Foundation has sent about $6 million dollars to OpenUp Resources in multiple grants since 2015 .
The evaluation of the Mathematics Vision Project curriculum by EdReports is a point used in marketing the program, That evaluation can certainly be questioned. EdReports is a rating scheme set up by Bill Gates to judge curricula for compliance with the so-called Common Core State Standards including the alignment of curricula with specific grade-level standards for the Common Core.The Bill and Melinda Gates Foundation has given over $8 million to set up and operate EdReports
You can see the EdReports rating for the Mathematics Vision Project curriculum at the link below. The scheme is set up with a series of “gateway” criteria. In the original version of the rating criteria these were called “drop dead criteria” meaning, don’t even bother to look at the rest of the curriculum if this criterion is not met.
EdReports fulfills as original idea that the Common Core would also set standards for publishers of texts and curricula. https://www.edreports.org/reports/detail/ahJzfmVkcmVwb3J0cy0yMDY2MThyKAsSCVB1Ymxpc2hlchgsDAsSBlNlcmllcxhODAsSBlJlcG9ydBjdAgw
In any case, a parent has filed a counter suit. The documents from the case should be circulated to show the whole corporate and “non-profit” status of the curriculum. a product produced and marketed with help from the billionaire Bill Gates who desperately wants to control education and hates public schools.
They tried MVP in my district in Utah one year and then dropped it. It was a fiasco. The kids learned nothing and the expectations were of calculus-level work in 9th grade. The teachers hated it because the kids and parents complained so much. Now this.
Makes you wonder if Gates Foundation is behind the lawsuit.
Of course, Gates wont be able to devote any time to the suit since he is so preoccupied these days with ” explaining ” his (non)relationship with pedophilanthropist Jeffrey Epstein:
According to Gates, he met with Epstein because” Epstein knew a lot of rich people”
Also undoubtedly why Gates flew on one of Epsteins planes according to a publicly available pilot flight log, “because Epstein knew a lot of rich people?
Because Gates was so isolated from rich people? Makes perfect sense.
https://observer.com/2019/09/bill-gates-jeffrey-epstein-mit-media-lab-problem/
Harvard admitted taking $9 million from Epstein.
Yes, and of course Harvard wont return the vast majority of it, claiming that it was accepted before Epsteins conviction in 2008, even though a Harvard Crimson article in 2006 essentially “outed” Epstein as a pedophile preying on young girls.,
Newsweek reported “a Harvard spokesman told Newsweek “the University has no plans to return the $6.5M to Epstein.” This was not the first time Harvard had been asked to return one of Epstein’s donations. In 2006, the school’s student newspaper The Harvard Crimson reported that Harvard declined to return the $6.5 million donation after a probable cause affidavit provided details on Epstein’s sexual activities with minors.”
Where do they find the people who serve as Presidents at places like Harvard and MIT? They seem to have no sense of common decency. Harvard and MIT can certainly afford to — and certainly should — donate ALL the money to help fight sex trafficking that was either donated by or facilitated by Epstein.
Bill Gates’ rationale with Meeting with Jeffrey Epstein after his conviction
“Jeffrey knows the rich
But I just know the poor
So that is why I hitch
My horse to Jeffrey’s door”
“Now, if you are done bothering me with silly stuff, I can get back to the important work of privatizing education.”
Oh, my, Wake County, NC again! Is MVP secretly owned by the Kochs?
Oh, sorry–for all that $$$$ sent, it might actually be owned by the Gates.
Or, at least, they have stock in it…
My mother grew up in Wake County. When she lived there, long rows of tobacco stretched out in the hot September sun for “priming” a process that sent sweating workers down between the sticky plants this time of year, pulling off the best tobacco leaves to be taken into barns and fired with a process developed by a slave botanist named Stephen up in Caswell county.
Her old school stands outside the small town now swallowed by Raleigh’s astronomical growth. It was as beautiful as it was denied to people of color in her day. To her credit, she raised her boys differently. I visited there last summer, and witnessed a couple of kids who live there arguing about who had the best school building. Seems there was a new and an old school involved, but I did not have any information as to whether there was a charter involved or just a new school for the new development. All those tobacco fields are growing new residents of Wake County now, and California-style change has sent multitudes of ethnicities there along with big time problems.
The tea party has tried to capture the politics of the state, but places like Wake County threaten to derail the old coalition that sent Jesse Helms to the senate for so many years. The tea party is just Jesse Helms without his penchant for being a peacemaker (sarcasm alert). It will be interesting to see if the tea party revolution lives for another decade. A huge urban sprawl now extends from twenty miles east of Raleigh along interstate forty and 85 to Charlotte, not unlike a similar sprawl from Dallas to San Antonio. How these varied cities will affect politics is a thing to watch.
BTW, had you read that the NRA is suing the City of San Francisco, which has called the NRA “a domestic terrorist organization?”
The irony of Mathematics Vision Project bringing a suit against a parent to squelch negative pR about their program is that they are now receiving NATIONWIDE negative PR over their SLAPP suit, which will almost certainly be thrown out (by any competent judge, at least)
Districts may now think twice (or thrice) about adopting their program.
It looks to me like their is definitely something wrong with it.
https://www.berkeleyside.com/2018/10/18/opinion-the-math-crisis-at-berkeley-high-supporting-the-class-of-2019-and-beyond
We are already living in an insane world in which the people buy standardized tests sight unseen (imagine buying a car you’ve never driven or a guitar you’ve never played). Now, even criticizing a product, once it’s in place, is going to be criminalized by precedent? This is EXTREMELY DANGEROUS.
I think it’s actually worse than buying a car without seeing it.
Many of these folks see the car and have the mechanic look at it and tell them it is junk but then proceed to use public money to buy it anyway.
Too often, people use ignorance as an excuse.
Often, claimed ignorance is just a lie to cover for full knowledge.
The most recent example of this is the MIT president who was previously acting shocked (shocked) that there was gambling in his institute but has now been forced by his own thank you letter to Epstein go admit that his hand-picked team knew about all the donations.
That fellow should be driven out of MIT — not just out of the presidency, but out of his professorship as well.
If he is not forced to resign by the MIT board of trustees, we will know the entire board is hopelessly corrupt.
I have recently been hit with a Tweet attack coming from voucher proponents. They think the public should pay to send their children to their own religious schools so they can learn science from the Bible. I don’t know how to argue with people who value their ignorance and want the rest of us to pay for them to keep their children ignorant. I’ve spent my professional life fighting for knowledge and evidence, and I can’t understand people who want to be dumb.
This is a pity since using open source is a great idea—school districts can save millions by using these free or extremely cheap books.
I agree open source is a good idea, but it has to stand on its merits.
I used to work as a programmer and am well aware that there is good open source and poor open source and even though open source can be changed/made better, most people do not have the ability to change the latter into the former, even if it were possible.
And much of what makes good open source good was baked in at the very start by the original architect(s). It’s virtually impossible to make software that was poorly designed into something good. I have had the distinct displeasure on many occasions of having to try to do just that and it ALWAYS fails.