KNOW THE LAW! Required Academic Standards

Rear view of class raising hands

Minnesota Statute 120B.021  REQUIRED ACADEMIC STANDARDS   

Part 2: How do “objective”, “measurable” and “grade-appropriate standards” written at a federal level and without a “specific teaching methodology or curriculum” consistently work within the sovereign legalities of our Minnesota and US Constitutions?

 We’re back with another in the series of knowing education law in the state of Minnesota.

Subdivision 2 governs academic standards development, including standards adoption by the state.   Here’s how the law reads. 

(b) “Academic standards must:

(1) be clear, concise, objective, measurable, and grade-level appropriate;

(2) not require a specific teaching methodology or curriculum; and

(3) be consistent with the Constitutions of the United States and the state of Minnesota.”

The standards appear to be clear and concise but that’s where it ends.  “Clear and concise” standards are not enough to lay a foundation for an entire state’s education system.  Let’s start with “measureable” and “objective”.  Are the standards measurable?  Are they objective?

But first, a commercial break! What state standards are found in Minnesota?

Minnesota’s ESEA Flexibility Waiver (No Child Left Behind) clearly states that, “Minnesota has formally adopted College-and-Career Ready Standards” in both English Language Arts and Math as well as the Common Core Standards for English Language Arts as a result of the Race to the Top grant.   Additionally the Race to the Top Early Learning Challenge, adopted by Minnesota in 2011, outlines Common Core Standards for pre-natal to age 5 children.  Thus, Minnesota has both Common Core (ELA & Birth to 5) and College & Career Ready Standards (ELA+Math).    These standards were rebranded and titled, “Minnesota State Standards”.  Phew!

 Now, back to measurable and objective.  We’ll deal with both standards and curriculum, since the large majority of the curriculum has been bought out by Gates and Pearson, offering a majority of Common Core-aligned materials.

Yes, the standards can be measured. They are measured through standardized tests and the curriculum utilized to achieve a test score.  The tests must be “multiple-choice” and “fully computer adaptive”.  (We’ll deal with multiple-choice and fully computer adaptive,  under the Statewide Test and Reporting statute; excellent link to how tests are created below. )    Measurement is indeed an important factor within standards.  The standards must be measurable.  But this is the question?  What are they measuring? 

The curriculum and testing is far from “objective”.       According to the Merriam-Webster Free Dictionary:


adjective \əb-ˈjek-tiv, äb-\

: based on facts rather than feelings or opinions : not influenced by feelings

The antonym is, you guessed it; subjective!   Did you realize that all of the C&CRS/Common Core curriculum and testing is heavily infused with feelings, attitudes and values?  In fact, the Common Core standards and tests are written for the affective domain.  Remember those college psych classes?  The cognitive domain includes synthesis, recollection, comprehension, evaluation and analysis.  Conversely, the affective domain  includes values, motivation, attitudes, perceptions and feelings.   So who’s values are we teaching?  And which values do we want retained?  Seems like we’re treading on very thin ice!

Not only do we see a daily barrage of Common Core worksheets, texts and surveys that teach values and political opinion over fact, we actually have some schools with “character training” programs.  My own school district superintendent in Robbinsdale ISD 281, proclaimed at his World’s Best Workforce public hearing that the primary function of the Robbinsdale schools is “to teach values and character-based education”.   Bye, academics!

One program used in Robbinsdale and many other districts, Response to Intervention (RtI) is used to supplant values and behaviors.   Teachers are checking off behaviors and then uploading that data.   RtI is based on a B.F. Skinner model.  Remember operant conditioning?   This is a whole lot of psychoanalysis and something that only psychoanalysts should be involved or not?  Do principals, superintendents and teachers all have advanced psychology degrees to implement and analyze such a bunch of mumbo-jumbo?   We must rescue the children before any further damage is done!   According to the state law above,  the Minnesota Department of Education and districts are flaunting their non-compliance with this statute.

Carleton College has a great visual of the affective and cognitive domains.  Here, even Carleton promotes using the affective domain to teach values and behaviors.  You can read it for yourself.  Evidently, removing certain “affective domain challenges” is part of the new “academics”!

What do Linda Darling-Hammond and David Coleman, two of the biggest names in the Common Core movement have to say about social and emotional learning?  According to Linda Darling-Hammond, campaign education advisor to President Obama, longtime advocate of nationalized standards (see numerous youtube speeches before UNESCO),   RAND employee and author, senior research advisor and assessment author of the Smarter Balanced Assessment Consortium (one of the two national consortias created to test the common core standards and curriculum) as well as author of CSCOPE in Texas, in a Nov. 2010 speech to NCATE (National Council for Accreditation/Teacher Edition) stated, Social and emotional learning are to be PRIMARY classroom implementation practices in the Common Core National Standards.”  In essence the Common Core Standards were never meant to be “objective”.  What does another leader in the Common Core Standards have to say?

In October 2012, David Coleman, the so-called “architect of the Common Core Standards” and lead writer of the CCSS English/Language Arts standards was appointed to President of the College Board, which administers the ACT test among others.  Coleman immediately went to work to align all of the College Board tests, now complete.   He said in 2012, We have a crisis in education…  The main thing on the College Boards’s agenda is to deliver its social mission.   “Social missions” have nothing to do with objective academics/curriculum or objective standards… except if your attending school in the state of Minnesota!

For children and parents, another big issue of the standards is that of inappropriate grade-level curriculum.  We see these examples publicized on a daily basis.   The problem of inappropriate grade-level standards and curriculum is a function of the propagation in a top-down method.   For the first time in the history of standards, standards were written starting at college-entrance level and written down to kindergarten instead of the other way around.  This is what happens when the lead authors of the Common Core Standards (and aligning curriculum and tests) are not educators, as was the case.  Again, our state DOE is not following state law.  The standards are inappropriate.  The curriculum is certainly inappropriate.

  • [Academic standards must] not require a specific teaching methodology or curriculum;

While the “state” (and we know this never come from the state) is responsible for the development and adoption of standards in key subject areas such as language arts, math, science, etc., school districts are supposed to maintain control and authority over curriculum… theoretically.   Stated, the academic standards (Common Core and College/Career Ready Standards) are not to employ a specific teaching methodology or curriculum upon teachers or students.  But in practice, this is exactly what is happening! 

Take Focused Instruction, for example, used in the school districts of Minneapolis, Brooklyn Center and Robbinsdale and no doubt, countless others.  This curriculum is scripted.  Teachers are required to read scripted lesson plans.  Focused Instruction is requiring both a specific methodology and curriculum!   So when districts are out of compliance with the law, who is supposed to police?  

What other curriculum or methodology is required as a consequence of the adoption of Common Core/College & Career Ready Standards?  What is the effect?

The great monopoly and takeover of school curriculum via Pearson, NCS Pearson and Pearson Vue (read history of Pearson here)

And some of their subsidiaries here.  (

(3)   [Academic standards must] be consistent with the Constitutions of the United States and the state of Minnesota.”

“Can of worms” alert!  First of all, educational standards are left to the states and not the federal government or “friends of the government”.  The formation of nationalized standards written by lobbyist groups, well connected within the US Department of Education and state government, is well… unconstitutional.   The entire standards movement is, you guessed it, unconstitutional.  The US Constitution has no mention of education and thus the Tenth Amendment is invoked.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

I particularly like how this amendment is written.  “The powers” when not mentioned by the US Constitution, “Are reserved to the States respectively, or to the people.”  “The states” do not mean the “state government” or more specifically, the state executive branch (governor and commissioner grant signatories).  It means you and me… THE PEOPLE.

 The propagation of federal (and international) standards are incompatible with the US Constitution.  What are we going to do about that?  Do we have any state leaders willing to address this issue?

What about Minnesota’s Constitution?

  • Section 1 of Article XIII of the Minnesota Constitution provides as follows:

    ” Uniform system of public schools.  The stability of a republican form of government depending mainly upon the intelligence of the people, it is the duty of the legislature to establish a general and uniform system of public schoolsThe legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state.

Did our state’s early founders define “uniform system” as in nationalized standards… cookie-cutter… one-size fits all, as with the Common Core?  Doubtful.   “Uniform” is used within the same paragraph as “republican form of government” and thus refers to a free society.  And this is the rub, we cannot have nationalized standards and freedom.  The two cannot coexist!

Secondly, the legislature has a duty to the citizens of Minnesota to protect the stability of the state in regards to “the intelligence of the people”.   We would not want the future generations of Minnesotans to be less intelligent and yet that is exactly the outcome of the standards and curriculum.

And lastly, our legislature should be in the “driver’s seat” but somehow is not!  Our Minnesota legislature has spoken very little about “Common Core” or “nationalized standards”.  It is high time to have a full and open discourse on this matter and for the legislature to act on behalf of those who elect them as well as protect our US and Minnesota Constitutions.    Our state has a considerable number of constituents, be they liberal, conservative, libertarian, independent, green or otherwise who are involved in the lives of their children and their schools and want the Common Core, No Child Left Behind waiver, Race to the Top and especially a topic we will visit soon, the Minnesota World’s Best Workforce, repealed!

Our next statute is the Minnesota World’s Best Workforce.

Statute 120B.11


KNOW THE LAW! Required Academic Standards

Student Writing


Part 1:  Can we get out of these Common Core/College & Career Ready Standards?

While an understanding of Minnesota’s Common Core and College/Career Ready academic standards, now best known as “Minnesota Standards” are important, I’d like to shine a light on a very special waiver.  Statute 120B.021 includes a waiver from required standards, required curriculum, required instructional methodology and that the standards adhere to the US and Minnesota State Constitutions.  Let’s take a look!

Under Subdivision 1a.  Rigorous Course of Study, Waiver, “If the local school board, the school board of the school district in which the area learning center is located, or the charter school board of directors determines that the student:

  • is participating in a course of study, including an advanced placement or international baccalaureate course or program; a learning opportunity outside the curriculum of the district, area learning center, or charter school; or an approved preparatory program for employment or postsecondary education that is equally or more rigorous than the corresponding state or local academic standard required by the district, area learning center, or charter school; or an approved preparatory program for employment or postsecondary education that is equally or more rigorous than the corresponding state or local academic standard required by the district, area learning center, or charter school.”

Clearly the first section recommends the Common Core-aligned courses, international baccalaureate/IB (read here:  and advanced placement/AP (read here:   to meet the standards requirement.  STEM and STEAM also belong in this category though have yet to be included.  IB is the flagship of the United Nations/UNESCO/United Nations Educational and Scientific Organization education offerings via NGOs. (read here:

However, in the second section we find more flexibility in a learning opportunity outside the district, postsecondary education or preparatory program for employment, etc. “that is equally or more rigorous than the corresponding state or local academic standards required by the district…”  A school district can waive state mandated standards if the locally developed standards “that is equally or more rigorous than the corresponding state standards.”    This waiver was intended on a student by student basis, but that does not mean the district could not apply it more broadly. This waiver is meant to protect local control.   But as international entanglements, like IB administered out of Geneva, Switzerland and other program “partnerships” across districts and states flourish in number, we find our Minnesota Constitution  under extreme attack. There are numerous older and better standards available.  Talk with your school boards and keep education local!

Part 2 covers a waiver from required or specific curriculum, instructional methodology  and the Minnesota and US Constitution!

Here’s the statute.



Student Writing

In an effort to inform Minnesotans about their state education laws, MACC will be posting one or two statutes a week.  Statute 120B.20 states that all parents have the right to see their children’s curriculum, prior to study.  This includes all forms of curriculum – textbook and online.

Parents should set up an appointment with their principal and then teacher to procure curricula.  If the parent(s) has concerns, they may opt their child out of the lessons and ask for alternative curriculum that can be taught either by the school or parent.  There shall not be any penalty or consequence from opting out.  If your school will not allow a parent to view the curriculum, that district is out of compliance with the law.

This is your right!  Know the law and use it!!!

MN Parental Curriculum Review Statute


Each school district shall have a procedure for a parent, guardian, or an adult student, 18 years of age or older, to review the content of the instructional materials to be provided to a minor child or to an adult student and, if the parent, guardian, or adult student objects to the content, to make reasonable arrangements with school personnel for alternative instruction. Alternative instruction may be provided by the parent, guardian, or adult student if the alternative instruction, if any, offered by the school board does not meet the concerns of the parent, guardian, or adult student. The school board is not required to pay for the costs of alternative instruction provided by a parent, guardian, or adult student. School personnel may not impose an academic or other penalty upon a student merely for arranging alternative instruction under this section. School personnel may evaluate and assess the quality of the student’s work.

A Minnesota Legend and the Future of Digitized Education in America

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Minnesota Legendary Reporter Jim Ragsdale and the Future of Digitized Education in America

In 2013 reporter Jim Ragsdale brought to light our Minnesota legislative auditor’s report on data collection and very questionable security for our state’s schools via the Minnesota Department of Education.   Recently Mr. Ragsdale passed away, but not without remembrance of his courage to report hard news.

“In Minnesota, a legislative auditor discovered that the state department of education’s computer systems ‘lacked adequate internal controls and comprehensive security plans’ and that department employees ‘had failed to document where private (student) data was held or the internal controls needed to secure it.’ The federal government having access, via these interconnected longitudinal data systems, to so much data about our kids is frightening. And it’s not just academic information that’s at stake.”

Anne Taylor asks why more journalists are not covering this and related stories.  Read on to learn what educational topics would be of definite interests to parents and citizens if covered by local journalists.

A Minnesota Legend and the Future of Digitized Education in America (2)

Keeping you informed on CCSS in Minnesota


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