By Anita Hoge
March 7, 2015
March 7, 2015
H.R. 5 ESEA Reauthorization cannot be fixed. We also say “NO” to S. 144, Local Leadership in Education Act. We also say “NO” to S. 227, Strengthening Education through Research Act. You both know perfectly well and recognize that the core of HR 5 ESEA Reauthorization rests upon Title I and IDEA, Individuals with Disabilities Education Act, under which our children are tracked and remediated.
We citizens demand that HR 5 be completely suspended until the United States Department of Education General Counsel reviews the Constitutionality of the Title I Portability embedded in the Student Success Act of 2015 which will amend No Child Left Behind.
The federal government does NOT have the authority under TITLE I PORTABILITY to mandate “DIRECT STUDENT SERVICES.” These services, identified for an “AT-RISK” student (See pp. 53-54), are defined as “specialized student support services.” (See pp. 55, 78.)
The federal government is effectually mandating the identification of an individual student through interpretive, descriptive, and diagnostic reports on assessments and how that student is meeting state standards. (See pp. 24(i), 29) This identification and reporting of the individual student means that individual children are being monitored by the federal government. We find this monitoring of individual students unconstitutional. (See pp. 29-30.)
SENATOR ALEXANDER AND REPRESENTATIVE KLINE, Who are these “AT-RISK” TITLE I children that your legislation has defined to receive “direct student services”?
“At-Risk” is defined as, “a child, youth, or student, means a school-aged individual who is at-risk of academic failure.” (Emphasis added. See p. 150.) The local educational agency will monitor and identify quickly and effectively those INDIVIDUAL STUDENTS who may be “AT-RISK” of failing to meet the State’s academic standards. (See pp. 53-54.) The Common Core Standards are the measuring stick for “AT-RISK” children. Common Core Standards have been accepted in 45 states. (Some states use ACT, who developed the benchmarks for Common Core Standards, thereby standardizing the use of Common Core in all 50 states). HR 5 nationalizes the curriculum and testing across the United States, thus standardizing the assessments, standards, interventions, and data elements for data collection. The addition and expansion of children who may be defined “AT RISK” includes mental health, social, emotional, and behavioral interventions (attitudes, values, beliefs, and dispositions), required by the specialized instructional support services as defined below as disabilities by 605 IDEA, Individuals with Disabilities Education Act. (See p. 467.) (See S. 144 page 3(e), “Title I shall be carried out....”)
“AT-RISK” children will receive these specialized student support services defined as “CHOICE” through the “Direct Student Services” that will follow the child. We do not believe the federal government has the authority to monitor individual American students or mandate these services.
(Source: The following sources document the expansion of Common Core Standards into the affective domain: Secretaries Commission for Achieving Necessary Skills, Department of Labor, 1992; Presentation of ACT, Nov. 2012 - Kevin Houchin; Chief State School Officers, CCSSO, Knowledge, Skills, and Dispositions, Feb. 2013; ESEA Flexibility Waiver adds non-cognitive psychological standards to the Common Core Standards in Principle 6: NAEP - soft skills and affective domain, p. 2.)
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