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.
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