Tag Archives: regulatory fiat

No Truer Words

Anti CCSS/ESSA Warriors, a few hours ago, the U.S. House of Representatives’ Education/Workforce Committee hearing wrapped up. In the ‘feature’ picture you see above, it’s an explanation of the Article 1, Section 1 of the U.S. Constitution.

As expected, the Hearing WAS a ‘dog and pony show’, of sorts. There were ‘expert witnesses’ alright, there were supposedly ‘angered’ Representatives, too. What was missing was the usual hand picked ‘successful’ citizens backing up this latest episode of “We Love the ESSA (Every Student Succeeds Act) Show”. The entire Hearing is below.

“Nothing But the Truth”:

As a Warrior Against Fed Ed and as a citizen of the United States, we know this phrase is one that is most serious. If you’ve already listened to the Hearing, you will note that each of the 4 witnesses had to recite this pledge. I’ll side track myself for a moment to say that each of our Representatives ALSO made a pledge of similar sorts when they took office.
Those words are :

congressjobtruthMaybe, we Warriors should demand they take this oath every day they serve, rather than just after their election. I think it would leave NO question in their minds as to what their ‘sense’ of  leadership should be. I feel we really should demand something drastic from our Congress members. They clearly are NOT upholding their jobs. 

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Some Objective Truths to Balance Those Subjective Ones:

During the Hearing I took lots of notes. Below are just a few. Subjective truth is italicized. Objective is in bold type.

During the Opening Statements,
1) Proposed ESSA Regulations, especially for Title One funding are ‘unlawful and must be investigated’.  The original press release stated this Hearing was to center around supplementing and supplanting funding in the ESSA, with a focus on two areas: a) Title 3 funding (used in post-secondary education) and regulatory fiat (whatever it takes to make the Regulations happen.) This hearing did NOT discuss Title 3 funds NOR did it clearly state what needed to be done to make the ESSA Regulations so.


What the Hearing did do was point fingers at each other in Congress; lay blame on the U.S. Dept. of Education, label those opposed to ESSA and/or the Proposed Regulations as ‘disingenuous’. While the supplement/supplant discussion DID go on to some extent,  is was absolutely awful HOW the exchange went.

2) ESSA was a truly bipartisan effort that the U.S. President signed. Clearly sending a message to the people of  united authority. Now, the U.S. Dept. of Education is interfering with that authority. IF (and I say this with all the gumption I possess) the U.S. Congress had read their copy of the U.S. Constitution, as well as the U.S. President, they would recognize their authority is limited, not absolute! IF (and again, with gumption) the U.S. Congress had taken the time to read ESSA, they would know the U.S. Dept. of Education’s Secretary was  given increased power.

In fact, in the early pages of the ESSA, the language reads that Dr. King, as Secretary of Education, is the one in charge of an orderly transition nationwide in the implementation of ESSA. However, that I know of, no CONGRESS member read the ESSA before they voted on it! There was not physically enough time. It was another ‘wham-bam, thank you ma’am’ piece of illegally based legislation.

3) ESSA must be carried out as it was written. This Hearing is to protect families and students. The supporting evidence shown around this time was from Section 1118(b) (2), not from the ESSA bill or law, but from its FORMER version when it was a Senate specific Bill without the House’s compromise!  IT (ESSA) was written as its being carried out!

The States control, flexibility, the choices..all well written fallacies. Those who wrote the ‘bipartisan’ Law should know this. As far as protecting? If the families and students were underneath the seats of the Committee today, they were successful. Otherwise the only protection afforded was to each Committee member’s backside.

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How many people do you think will see the point Congress is trying to be make? That the U.S. Dept. of Ed is in violation, especially its leader. When using evidence which is NOT truly from ESSA, but a former version of itself?!
More than likely the CCSS Machine will only show that the Sec. of Education is over-stepping. It will not show Congress as not being responsible in any way.


Congress is being very sloppy here. Yes, they should rein in Dr. King. But then, they should not have allowed his confirmation. They should know the Constitution and their oath of office demands they not allow any federal overreach in education.

4) CTE (Career Technical Education), Vocational Tech, Advanced Placement, Magnet Schools, Education Savings Accounts, and College/Career Readiness(CCR( all need not only MORE money to give education equity, but we must ramp up these options while creating ones to compliment them.
 Congress has proven, by their own words, that not only do they NOT know WHY ESSA’s imploding before their eyes, but, that they are SO clueless about education they are professing they do NOT know their own districts. Yet the ‘obvious solution’ is MORE taxpayer money for CCSS Machine education.

CTE is vocational tech remade with the CCSS/CCR Standards and Assessments! Magnet Schools and AP Courses, have all been made over to confine to the CCSS Standards and Assessments. The Education Savings Accounts are only MORE ways to burden taxpayers with levies and bonds in the pseudo name of school choice geared to the CCSS Machine.

Closing:

Warriors, this is by NO means all I could share from the Hearing today, but I want to leave you with this. When you see/hear Congress members asking ‘supposed’ experts what Congress’s  job is, it should be a huge warning sign to us all.

Look for more information about the most recent Congressional moves coming in the next few days. We must be alert! We must make concerted moves to dispel these ‘subjective truths’ being sold as facts. Why? Given the tones of the most recent Ed/Workforce Press Releases, the goal of Congress appears to be criticize and level the U.S. Dept. of Ed’s power and use that power as their own.

As the Hearing went on, the competency based, career readiness rhetoric increased. At the end of the day, when you put the issues of Title One, equity, and all else in the Hearing aside.
It is my belief that the supposed anger directed to the U.S. Dept. of Education is a ruse. Shifting the blame, posing as  education’s savior (especially when you claim you are clueless), and suggesting money is the only solution shows Ed/Workforce wasn’t truly about ‘whatever it takes’, but ‘whomever to blame besides us’  today.


Either way it’s spun federal supplanting or supplementing of education funds is illegal.

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Alexander’s Rag(e)?!

Thanks to a dedicated anti CCSS Warrior, I was pointed to the Morning News by Politico.
Link: http://www.politico.com/tipsheets/morning-education/2016/09/career-education-bill-breaks-down-in-senate-216421

While this is a temporary victory, we need to remember the source: Sen. Alexander.

*Cheerleader for ESSA
*Caught on public record stating alignment for HEA (Higher Ed Act) was next after ESSA became law, and supported by many CTE (Career Tech Ed special interest groups).
*He also knows full well that Perkins Funds (used for CTE) are federal level and given to the States.
*Alexander surely knows all this and much more. He helped write these laws! He’s also a huge key player in birth to grave alignment (that infamous late 80s speech is proof).

From Alexander’s ragging on/raging on this morning:

*We now know the Senate HELP was set to hear ‘discussion’ on S3271, The Workforce Advance Act. The ‘sister’ bill to HR5587, Strengthening Career Tech Education in the 21st Century.

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How Both tie to ESSA (Every Student Succeeds Act):

* ESSA ties those funds to not only post-secondary readiness, but student enrollment numbers for those ages 5 to 17 years old.
* ESSA also ties the Perkins funds to education as defined by WIOA (Workforce Innovation and Opportunity Act).
* ESSA also embedded every single shred of the ESEA of 1965, which means NCLB went with it to, ESSA DID NOT fix NCLB!
* ESSA also gives the US Sec. of Ed tremendous increases in his authority. One of which is he is the one to oversee a smooth transition from old ESEA to new ESSA nationwide. Since Perkins funds/CTE are in ESSA, that means King’s got the authority over them in other bills.

What Politico reported:

The article states, “Democrats are opposed to the new restrictions on the education secretary’s authority, and point out that such measures were not included in the House bill — which cleared that chamber on a 405-5 vote. “Senator Murray has been working with Democrats and Republicans toward a bipartisan bill to reauthorize Perkins CTE, and she is hopeful that this can continue and get done as quickly as possible,” said Murray spokesman Eli Zupnick.”

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As far as HR 5587’s (The Strengthening Career Technical Education in the 21st Century which passed 405-5) position on Dr. King’s authority: See Page 18 of the 88 page Bill:

 SEC. 8. TRANSITION PROVISIONS.  Section 4 (20 U.S.C. 2303) is amended—  (1) by striking ‘‘the Secretary determines to be appropriate’and inserting ‘‘are necessary’’;  (2) by striking ‘‘Carl D. Perkins Career and  Technical Education Act of 2006’’ each place it appears and inserting ‘‘Strengthening Career and  Technical Education for the 21st Century Act’’;
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As far as King’s power in the S3271, Workforce Advance Act 
(An excerpt from my “Congress Loves CTE” article/comparing  S3271 and HR5587)

 the bill would allow the Department of Education to use national CTE activities to help identify successful methods and best practices for providing dual or concurrent enrollment programs and early college high school career and technical education opportunities.” See:
 https://commoncorediva.wordpress.com/2016/08/09/congress-loves-cte/

While in the text of S3271 you do not see Dr. King’s shift from determining ‘appropriate’ CTE  to ‘necessary’ CTE; you do see he has total rein over dual enrollment, concurrent enrollment, Perkins Funds, all the Title funds involved in CTE, early college high schools, apprenticeship programs, as well as the backing of the National Assoc. for CTE, see their crosswalk document for aligning ESSA and WIOA.

https://commoncorediva.files.wordpress.com/2016/08/senate-principles-crosswalk_final.pdf

You’ll also want to see this little gem from the Congress.gov website about S3271, “Official Titles as Introduced: A bill to amend the Carl D. Perkins Career and Technical Education Act of 2006 regarding dual or concurrent enrollment programs and early college high schools.”

Source: https://www.congress.gov/bill/114th-congress/senate-bill/3271/titles


Closing:

Warriors, while it is a sigh of relief for WHATEVER reason Alexander pulled his stunt this morning, it goes without saying that we MUST brace ourselves.

We’ve been able to see right through the smoke and mirror, pro CCSS Machine chatter from D.C., especially from Senators Alexander and Murray. Remember, they BOTH led the nation to ESSA as law. BUT, they were hardly alone.

We know the HELP Committee isn’t done. There are 2 OTHER CTE Bills remaining in their  hands: S3190 (CTE for Rural Health Care; ties Obama Care to CTE), and S3174 (LADDER Act; creates a national workforce council in the Executive Branch of the government).
Oh, and by the way, Dr. John King, as US Sec. of Ed (0r his appointee) is to be among the council members).

ladder

Knowing Fiscal 2016 is winding down, it is truly important we keep tuned to Congress. Especially on the LADDER Act. Why? As I previously researched, published, and have spoken out about, the LADDER funds are ALREADY set aside for Fiscal Years 2017 to 2026. It wouldn’t surprise me at all that Alexander purposefully is taking S3271 off the immediate action table (especially since the House threw the nation under the CCSS Machine 405-5) and put S3174 in its place.

The House’s Ed/Workforce Committee hearing for 10 am on ESSA Title 3 Regulatory Fiat, appears to still be on schedule for 9/21.  Link: http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=401015

Why this hearing’s a CCSS Machine dream come true? Funding and educratic doublespeak. See:
https://commoncorediva.wordpress.com/2016/09/19/special-edition/

Special Edition!

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Warriors Against the Core!!

First, I will apologize for the non-successful LiveStream Presentation I conducted about an hour ago. When I did the sound/visual check, all appeared to be working just fine. Not to be stopped, here, in written form is what I shared:

1) Two U.S. Congressional Hearings are set for 9/21/16. The first is the US Senate HELP Committee’s at 9:30 am, EDT; the House’s Ed/Workforce Committee Hearing is set for 10 am, EDT.

2) Both need all the anti CCSS Warrior coverage possible! We need dedicated ‘ears’ in attendance. Why? As we’ve seen with the hearings around ESSA, they tend to be ‘dog and pony’ shows. The results are subjective and NOT objective. Therefore, the agenda grinds on instead of true Constitutionally conducted legislation.

3) I would love to be able to have Warriors attend either the Senate’s discussion or the House’s.

4) By listening and sharing what we hear, we can not only have evidence, but TRUTH! Truth is ‘ammunition’ to defeat the CCSS Machine.

5) If you wish to head up the Warriors for either hearing, please text me: 704-517-3481, or post a comment below this article. If you want to be one of the sets of listening ears, text or post; if you know you can assemble a large or small group to be listening in, text or comment. You can also reach me on the Common Core Diva Facebook page, my @commoncorediva Twitter, or use the U.S. Parent Call to Action Facebook page.
Unfortunately, we have hours, not days to assemble Warriors. We must act quickly. If we want the TRUTH to be as effective as possible, we MUST beat Congress at their media game! Once we have our teams, we can Skype, Twitter, or whatever we need to do to use a united Warrior front to ‘charge’ D.C.

6) If you listen to the Senate HELP’s meeting:
a) Pay close attention to Sen. Alexander’s words. He’s the ringleader for ESSA, champions CTE (Career Tech Education), and is set to head up the re-authorization of the HEA (Higher Education Act). ESSA embeds CTE via the WIOA (Workforce Innovation and Opportunity Act) and the HEA. 
b) The announcement for the Hearing didn’t specify WHICH Senate CTE Bill, but there are currently 3 horrible ones:
i) S3271, the ‘sister’ to HR5587 (passed in the House last week, 405-5). S3271 will ramp up the data tracking and mining. It will increased P3s in education (public private partnerships). It will tie to Title 1 funding and the School Lunch Act. It will increase the amount of State accountability measures mandated to receive funding. Those are just a few of the CCSS Machine daggers.
ii) S3190, the CTE Health Workforce related act. It will use funds from Social Security and Medicare. It will tie to the Obamacare. It will increase career tracking and amend the National Health Care Workforce Commission. It will INCREASE federal funding; use ROI (return on investment) to measure students. Those are just a few of the CCSS Machine daggers.
iii) S3174, LADDER Act. This is the MOST dangerous of all. It has the fiscal funds already set aside for 2017-2026. It will create a new Executive Branch Workforce Council. Their main job is to create a National Workforce Plan culled from all the ‘successes’ of the States. It will target those who cannot keep jobs, change jobs often, are discouraged, cannot find a suitable job, and ’employment barred’. The U.S. Dept. of Labor decides who qualifies as ‘discouraged’. There’s much more to this Bill.


7) IF you choose to listen the House’s Ed/Workforce Hearing:
a) This is a Hearing for ‘regulatory fiat’ (meaning whatever it takes to get these regulations in motion) on ESSA.
b) The main target is Title 3 funding (used for post-secondary education institutions) on the LEAs/SEAs level.
c) The announcement for this hearing stated that ‘Supplanting federal funds’ is among the regulatory fiat.
d) We’ve been told repeatedly that ESSA was to END the supplanting of federal funding in education. ESSA was to change it to ‘supplementing’. Warriors, Warning: educratic doublespeak in use!
e) NO matter which it is, ‘supplanting’ (aka: incentives) or ‘supplementing’, it’s illegal!
f) Here are the ESSA Final Conference Report references to federal supplanting/supplementing:
i) page 157, (Section 1008) begins. See page 160’s “School Wide Activities”.
ii) page 193 (Section 1012) begins. On page 194 look at the LEAs/SEAs language. Two words, “shall” (as in telling them what to do), and ‘compliance’.
iii) page 291, (Section 1601) begins. Page 292’s ‘standards and assessments’ to be supplanted/supplemented.
iv) page 351, (Section 2212) begins. This is the Teacher Incentive Funds Grant. See on page 359 how States must report information to the U.S. Sec. of Ed, who in turn, reports this to the U.S. Congress.
v) page 407, (Section 2301) begins. This is for ELLs. Skip to page 430, to see what is to be federally funded one way or the other.
vi) page 488, (Section 4110). This is the Activities to Support Technology. Look at the wording. (*Note: this is a tiny section considering how much technology is embedded in ESSA.) Warrior Warning: a tip of the iceberg for the CCSS Machine!
vii) page 498, (Section 4203) begins. Skim the pages up to 500 and look at what the States must do in their ‘applications’ for funds to ‘assure’ the feds!
viii) page 506, under the “Expanded Learning”, funds aren’t supplemented/supplanted here, but SCHOOL hours are! The funding is on page 508.
ix) page 561, per pupil funds for charters
x) page 626, (Section 4642) begins. “Assist the Arts”. Page 627 shows you the supplant/supplement.
xi) page 704, Tribal students
xii) page 809, Education Fiscal Support Teams
xiii) page 940, Title I, part A funds, especially for low-income and civil rights
xiv) page 964, Early education (those entering Kindergarten), especially low-income and disadvantaged

If you need more background:
https://commoncorediva.wordpress.com/2016/09/18/selective-hearing/

Please, help me/help you, by getting the word out. Finding dedicated Warriors who can gather this information so we can all share. Thank you! I look forward to charging D.C. on after these Hearings!

Selective Hearing

Warriors Against the Core; Federal Overreach in Education, and all those in between:

Here are just some of the educational ‘selective’ federal level hearings upcoming:

U.S. Senate’s HELP Committee, 9/21/16, 9:30 am (EDT). Top agenda item? CTE (Career Tech Education). Their most recent CTE bill is S3271, “Workforce Advance Act”. When you visit the link (below) notice, there’s a blank space where the Bill number usually is. They could have a brand new CTE Bill, but the one I know is a ‘hot button’ right now is, S3271. Why? It’s the companion Bill to the HR5587, which the House just passed last week (405-5 vote).
Link for hearing: http://www.help.senate.gov/hearings/s_-career-and-technical-education-act-of-2016-s-2873-echo-act-s-2932-protecting-patient-access-to-emergency-medications-act-of-2016-and-nominations

If you missed my article detailing BOTH these ‘toxic twins’, the Congress has selective chosen to play deaf over, https://commoncorediva.wordpress.com/2016/08/09/congress-loves-cte/

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U.S. House of Representative’s Ed and Workforce Committee, 9/21/16, 10:00 am (EDT). Top agenda item? “Supplanting  ESSA (Every Student Succeeds Act) via a regulatory fiat.” In layman’s terms, ‘make it so’ regulations for ESSA where LEAs and Title 3 funding.”

What in the world is Title 3 funding? What does the ‘supplanting’ have to do with ESSA’s regulations?!

Title 3 funding: http://www2.ed.gov/programs/iduestitle3a/index.html (*Note: basically money from the federal government, given to States to improve educational institutions. Includes leadership development, etc.)
Also notice, this is a direct tie to post-secondary education. HEA (Higher Education Act) is SUPPOSED to be the law which handles all post-secondary education, yet ESSA is jammed with ties to post-secondary education and the HEA!
Legal definitions for ‘fiat’: http://legal-dictionary.thefreedictionary.com/fiat

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That ESSA “Safe Road to Hell” is the ‘supplanting’! Remember, Warriors, we’ve heard selective phrases from many of the Congressional members sold out to the CCSS Machine tell us, that because of the Law, states can choose what to do. A choice set of selective comments has centered on the ‘supplements’ by the Feds to ‘assist’ the States in ESSA. The ‘supplanting’ (aka ‘incentives’ we saw in RttT) are supposedly at an end and will be NO MORE!
Link to the U.S. Dept. of Ed’s Supplant Document (where you’ll see that the Ed is stating States are asking what and how to use Title 3): 
http://www2.ed.gov/programs/sfgp/supplefinalattach2.pdf
(*Note: look at the number of funding uses tied to assessments!)


Link to listen in on the Supplant Hearing:
http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=401015

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Over on the U.S. Parent Call to Action Facebook page, both of these Hearings have been set up as ‘events’ to attend. You can use this to invite other Warriors, if you like.
Very brief descriptions and the links are there. We can use the Parent Call as an updating information platform. We will need Warriors to choose which of the two hearings to attend, since both are basically the SAME time.
Link: https://www.facebook.com/CommonCoreDiva.CallToAction1/events

You can also use Twitter to report what you hear. For example, when I want to get news out that’s in need of attention, these are my top ‘go-to’ handles.
@StopFedEd/#StopFedEd/@WOWTX/@TruthInAmEd/#StopESSA/
You can also send Tweets using these to protest the CTE Bills: #StopHR5587/#StopS3271

If you’d rather follow the HELP/EdWorkforce Hearings on Twitter and respond with protests there:
@SenateHELP and @EdWorkforce

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We need to ‘divide and conquer’, so please stay in communication with all of us, so we are purposed, not scattered in our efforts this week.

None of us can be at all these places at the same time. Not one of us can collect all that’s said or done during these Hearings.

D.C. is great about picking and choosing the educational sound bites, let’s beat them at their own ‘game’.

Warriors, there’s NO time to loose. Wednesday will be here before we know it. We MUST be ready!
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