Why I Oppose the ESEA HR 5 – Student Success Act

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WHY I OPPOSE THE HOUSE ESEA HR5 – Student Success Act!    

by Linda Bell
The House ESEA bill (HR5) is being voted on this morning.  This landmark bill was reintroduced, marked up and passed without public hearing, all within two weeks. Since that time, numerous bloggers have spent hours reading the bill and those analyses have been shared over and over. What is most egregious about HR 5 for me personally? The removal of states rights and authorities and parental rights.

I am going to quote two specific paragraphs from HR5 Section 6561 for you below. First note that paragraph (a) states, in a convoluted way, that states rights and parental rights have already been removed. HR 5 is purported to bring back those rights under “local control”! The first paragraph is music to my ears!
But then we go over to the 2nd paragraph (b-Amendment). Here is the true intent of this entire bill! If your state takes federal grant funds emanating from this ESEA re-write, states will “Waive their States Rights and Authorities”. In one fell swoop, we loose our states rights and along with that, a deeper loss of parental rights.   Local control is out the door and the feds are in charge of your schools, children and families.

Today is the House vote and it looks to be along party lines. Republicans (and a few Democrats) are shooting themselves in the foot as they push to centralize education in America. Most haven’t read the bills and lean on advisers. When I called my US Representative in Congressional District 3 and read portions of the bill over the phone to a staffer, they were frankly shocked. Did it make a difference? Is the US House listening to their constituents? There are many reasons to oppose this bill which includes what is about to happen to private schools and religious freedom. I hope this will help you understand why I (and our many members in MACC) are opposed to HR 5.

HR5 – The Student Success Act
Subpart 4—Restoration of State Sovereignty Over Public Education and Parental Rights Over the Education of Their Children

‘‘SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES
THEY DO NOT EXPRESSLY WAIVE.
‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.— No officer, employee, or other authority of the Secretary shall enforce against an authority of a State, nor shall any authority of a State have any obligation to obey, any requirement imposed as a condition of receiving assistance under a grant program established under this Act, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that program and, in doing so, HAVE waived the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance.” (Emphasis added)

“(b) AMENDMENT OF TERMS OF RECEIPT OF FEDERAL FINANCIAL ASSISTANCE
An officer, employee, or other authority of the Secretary may release assistance under a grant program established under this Act to a State only after the legislature of the State has by law expressly approved the program (as described in sub- section (a)). This approval may be accomplished by a vote to affirm a State budget that includes the use of such Federal funds and any such State budget must expressly include any requirement imposed as a condition of receiving assistance under a grant program established under this Act so that by approving the budget, the State legislature is expressly approving the grant program and, in doing so, waiving the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance.”

ESEA House Vote THIS Morning! If you haven’t called your US Representative, You Still Have Time

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STOP COMMON CORE CAMPAIGN:  ESEA REAUTHORIZATION NEARS

EMAIL TEMPLATE and TALKING POINTS

THE VOTE IS THIS MORNING on the HOUSE SIDE ESEA BILL!  IF YOU HAVEN’T CONTACTED YOUR US REPRESENTATIVE, YOU STILL HAVE TIME.  ESPECIALLY CONTACT THE REPUBLICANS AS THEY ARE IN THE DRIVERS SEAT AND PUSHING THIS BILL.   CONTACT INFORMATION CAN BE FOUND ON THIS PAGE — JUST SCROLL DOWN.  And, THANK YOU, for standing up for our children!

You may use this standard template.  Please do not copy verbatim everything on this list.  Add other items that are most egregious to you and your family.  Ask Rep John Kline to either Sunset the bill, Stop the bill, etc.  You may also ask him to block the Senate Education bill which includes the lengthening of the school day, week and year to basically institutionalize our nation’s children.

Representative John Kline,

I am very concerned about HR 5, the Student Success Act, recently passed out of the Education and Workforce Committee.   This bill will remove local control and parental rights. HR 5 will completely change education in America forever.

In essence, it is big government, top down, removal of local control, control of schooling, (training not educating), that sacrifices individualism for the sake of the collective (This is the #1 point as we are looking at the loss of individual rights and not just for kids.)

  • Local school boards have zero control of content, even though it is billed as “voluntary”
  • It is a usurpation of rights reserved for the states
  • Costs are estimated to be $16 billion with 90% paid by the states and we have NO say in what’s being taught
  • The data tracking requirement from prenatal through Career is an intrusive violation of the privacy rights of our children and their parents
  • Over-testing students with standardized tests that take away from authentic learning time
  • Using Title 1 monies to follow every child
  • The privatization of education via charter schools
  • It is a deliberate dumbing down of our children as shown by performance scores that have steadily deteriorated since the inception of the Department of Education
  • Standards are so low that 2 PhD’s serving on the validation committee refused to sign off
  • Crony Capitalism through public and private partnerships
  • The takeover of all publishing houses
  • Bill Gates and his Bill and Melinda Gates Foundation that has funded this takeover of education
  • The globalization of America’s schools via a global education system

I would appreciate a response to my concerns today as time is short before a full US House vote on the bill.

Respectfully,

(Sign Name)

(Ad

Freedom from Intrusive Data Collection and National Testing

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Freedom from Intrusive Data Collection and National Testing

States or school districts (or other entities listed below) may find relief from federally imposed data systems, such as the State Longitudinal Data System (SLDS), Tri-State Consortias, States Interoperability Frameworks (SIF) and federal systems such as the Common Education Data System (CEDS) without loosing federal funds.

Some states have presented bills that would diminish either the amount of data collected or limit data distribution of public, private and homeschool personally identifiable student information.   As states work out their bill language, it is important to note that federal funds cannot be suspended or terminated if a state or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution does not provide personally identifiable information on students or parents.  (1232i)

Additionally, under 1232j, federal law states that “no funds provided to the Department of Education or to an applicable program, may be used to pilot test, field test, implement, administer or distribute in any way any federally sponsored national test in reading, mathematics, or any other subject that is not specifically and explicitly provided for in authorizing legislation enacted into law.”  In other words, there shall be no federally sponsored national test nor pilot or field test.
Here’s the law!
WITHHOLDING FEDERAL FUNDS FOR REFUSAL TO SUPPLY PERSONAL DATA ON STUDENTS OR FAMILIES (1232i) and,
PROHIBITION ON FEDERALLY SPONSORED TESTING (1232j)
20 U.S.C.
United States Code, 2011 Edition
Title 20 – EDUCATION
From the U.S. Government Printing Office, www.gpo.gov
http://www.gpo.gov/…/USCODE-20…/html/USCODE-2011-title20.htm
§1232i. Limitations on withholding of Federal assistance
(a) Refusal to supply personal data on students or families
Except as provided in section 1232g(b)(1)(D) of this title, the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant.
1232j. Prohibition on federally sponsored testing
(a) General prohibition
Notwithstanding any other provision of Federal law and except as provided in subsection (b) of this section, no funds provided to the Department of Education or to an applicable program, may be used to pilot test, field test, implement, administer or distribute in any way any federally sponsored national test in reading, mathematics, or any other subject that is not specifically and explicitly provided for in authorizing legislation enacted into law.
(b) Exceptions
Subsection (a) of this section shall not apply to the Third International Mathematics and Science Study or other international comparative assessments developed under the authority of section 9543(a)(6) of this title and administered to only a representative sample of pupils in the United States and in foreign nations.
(Pub. L. 90–247, title IV, §447, as added Pub. L. 105–277, div. A, §101(f) [title III, §305(a)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–374; amended Pub. L. 107–110, title X, §1062(4), Jan. 8, 2002, 115 Stat. 2088; Pub. L. 107–279, title IV, §404(c), Nov. 5, 2002, 116 Stat. 1985.)

 

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