Karen R. Effrem, MD – President
Although there are several major problems with the reauthorization of the Education Sciences Reform Act (ESRA) now called The Strengthening Research Through Education Act (S 227, SETRA), the most pressing and concerning is the expansion of federal education research to psychologically profile our children beginning in preschool:
1) Lack of Constitutionality - The federal government has no constitutional authority (Tenth Amendment) to be involved in education, much less doing research and collecting data on the attitudes, beliefs, and behaviors of our innocent children. The Fourth Amendment to the US Constitution says:
Having the federal government sanction and fund psychological profiling of children is the worst kind of privacy invasion.
2) Subjectivity These parameters are admitted even by experts in the field to be extraordinarily subjective and difficult to define and measure. There is still no agreement about their meaning or even their selection over a period of ten years:
“Lack of longitudinal outcome studies”
“Broad parameters for determining socioemotional outcomes are not clearly defined” (National Center for Infant and Early Childhood Health Policy Addressing Social Emotional Development and Infant Mental Health in Early Childhood Systems 2005 (Emphasis added)
- The Committee learned at the November 17, 2015 hearing that the US Department of Education:
o Continues to be “vulnerable to security threats” according to the IG, and has repeat findings in annually-required FISMA audits;
o Failed to detect a penetration test of its systems conducted by the IG during its FY2015 FISMA audits [Federal Information Modernization Security Act];
o Received an “F” on the Committee’s FITARA scorecard [Federal Information Technology Acquisition Reform Act] .
- The Committee learned at the February 2, 2016 hearing:
o Despite the IG’s evidence to the contrary, Acting Secretary King asserted that Mr. Harris did not violate any law, regulation, policy, or standard of ethical conduct.
o Mr. Harris testified his home theatre installation and car detailing activities were “hobbies” and not businesses. The IG testified that these activities qualified as businesses.
o It was in excess of two years before ED responded to the IG’s initial report of findings and referral for administrative action.
o The Department of Justice (DOJ) declined to prosecute the IG’s criminal referral and deferred to ED leadership for action. Acting Sec. King deemed verbal counseling and a three-page ethics guidance letter as appropriate consequences.
5) Consent Issues - If curriculum and assessments are used to gather this data, will the consent requirements for this socioemotional research be circumvented by that loophole in Protection of Pupil Rights Amendment (PPRA)? PPRA, cited in section 82 as 20 USC 1232h, prohibits the collection of psychological, political, religious, and other sensitive data in surveys, however, the law says that these prohibitions do not apply to “curriculum and instructional materials” or to “tests and assessments,” such as those required to be aligned to Common Core in most states.
- “In national policy, there is increasing attention on 21st-century competencies (which encompass arange of noncognitive factors, including grit), and persistence is now part of the Common Core State Standards for Mathematics.” (US Office of Educational Technology -emphasis added.)
- “ASCA [American School Counselors Association] Mindsets & Behaviors align with specific standards from the Common Core State Standards through connections at the competency level. (Emphasis added)”
- “[A]s new assessment systems are developed to reflect the new standards in English language arts, mathematics, and science, significant attention will need to be given to the design of tasks and situations that call on students to apply a range of 21st century competencies that are relevant to each discipline. A sustained program of research and development will be required to create assessments that are capable of measuring cognitive, intrapersonal, and interpersonal skills.” (US Office of Educational Technology-emphasis added.)
- “There are important opportunities to leverage new and emerging advances in technology (e.g.,educational data mining, affective computing, online resources, tools for teachers) to develop unprecedented approaches for a wide range of students.” (US Office of Educational Technology -emphasis added.)
For these and many other reasons, please continue to contact your US House member at 202-224-3121 to let them know of the dangers of this bill. Please let them know that not objecting to an unrecorded voice vote or voting yes in a recorded vote will be considered allowing federally sanctioned psychological profiling and invasion of your children.
Thanks to the Pulse 2016 that published Dr. Effrem’s latest article, a review of Jeb Bush’s education plan titled: Six Reasons Jeb’s Plan Fails to End Federal Tyranny in Education. Here is the introduction and list of concerns:
Former Florida Governor and presidential candidate Jeb Bush released his education plan on January 18th. In it, he tries hard to sound like he cares about and supports local control and parental autonomy. In fact, the document, on pre-K through grade 12 issues, is merely a kinder, gentler form of federal tyranny that continues unconstitutional government involvement in pre-K, high stakes testing, data mining, and K-12 education in general. The plan fails on multiple important fronts:
Federal Involvement in Education
Title I and IDEA Portability
Data Collection and Data Privacy
Promotion of Charter Schools
Continued Dependence on a Flawed High Stakes System
Please read and share!
Detailed comments were submitted by Dr. Karen Effrem on January 4th in response to the US Departments of Health ad Human Services and Education’s Orwellian Family Engagement Policy Framework. The full document is available here: Family Engagement Policy Comments. A summary of the four main points of contention are as follows:
- Parents are not just “equal partners,” they “own the store” when it comes to raising their children – Although the document says on page one that “Families are children’s first and most important teachers, advocates, and nurturers” on page 1, it does not clearly set forth the preeminent role of parents in the education and upbringing of their children. Based on Pierce vs. Society of Sisters, Troxel vs Granville, and Meyers vs. Nebraska to name a few seminal Supreme Court decisions that have affirmed the constitutional right of parents to direct the education and upbringing of their children, the pervasive language in this document that parents are mere partners with government or that government programs are to perform “parenting interventions” is extremely disturbing and unacceptable.
- Promotion of government home visiting programs – Based on this agency’s own research, these programs are extraordinarily ineffective in two of the major areas that they are alleged to help:
Prevention of Child Maltreatment: For primary measures in the studies reviewed where there was data listed, only 15/75 parameters (20%) showed a positive effect while 60/75 parameters (80%) showed no effect and there were many programs not studied.
Child Development and School Readiness: For primary measures in the studies reviewed where there was data listed, only 77/448 parameters (17%) showed a positive effect while 362/448 parameters (82%) showed no effect, 3/448 parameters (1%) showed a negative or ambiguous effect, and there were many programs not studied.
- Focus on social emotional parameters and data for young children – It is the epitome of destruction of parental autonomy to have the federal government via any agency tamper with, manipulate, set norms for, or otherwise deal with anything in this realm. Psychiatric diagnosis and social emotional parameters are extremely subjective to begin with and are especially difficult to use for young children in particular. Having data and evaluations of these subjective and inaccurate parameters in children’s records that follow them for life is extraordinarily problematic.
- Data Privacy – The draft document is replete with references to expand data collection such as this recommendation on page 9: “Develop and integrate family engagement indicators into existing data systems.” Students, families, and teachers whose sensitive personal and family data about everything from “social and emotional” issues to genetic data in newborn screening is collected and shared between many federal agencies and private entities. According to an investigation by Politico, education technology companies are “scooping up as many as 10 million unique data points on each child, each day.” FERPA has been severely weakened via regulatory fiat to gut consent requirements and broaden access to data by federal agencies and private entities. Given both the extent and sensitivity of the data that would need to be collected, the spectacular failure of the federal government to protect citizen data (Healthcare.gov, OPM and NSA data breaches), and the complete absence of the word “consent” in this document, this kind of data collection should be eliminated, not expanded
ACTION ALERT! THIS BILL CAN COME UP ANY TIME! Like the zombie movie character Freddie Krueger that refused to die, the federal psychological profiling and data mining bill, Strengthening Education Through Research (SETRA, S. 227) has been resurrected by Senator Lamar Alexander and it Big Data backers . This bill that you helped us stop in February was rammed through by Senator Alexander on a voice vote after ESSA and the omnibus budget passed right before the holidays. It expands psychological research on school children, strengthens state longitudinal databases that are or soon will be linked into the prohibited national student database and contains other privacy horrors.
Thanks to American Principles Project and the Pulse 2016 for publishing Dr. Effrem’s article on this very important topic excerpted here:
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