The case against Evidence-Based Policymaking legislation at a Federal and State Level (Updated)

By Alice Linahan 11.16.2017

The current threat comes in the form of two particular pieces of legislation: The Foundations for Evidence-Based Policy-making Act (FEPA), or H.R. 4174  (Passed the House by a voice vote), SB. 2046 and the College Transparency Act (CTA), or H.R. 2434, SB 1121. Among other policies, these two bills would remove prohibitions on collecting and sharing educational data mined by computer software programs and research centers that have already been set up in all 50 states.

In Texas, this was accomplished by passing HB 2103 in 2013, which opened Texas students, parents, and teachers up to education data mining by third-party entities.This bill set up cooperating agencies including the Texas Education Agency (TEA), the Texas Higher Education Coordinating Board (THECB), and the Texas Workforce Commission (TWC) that will share data.Three centers for education research (CER’s) were set up to conduct research using the data from the TEA, THECB, and TWC that goes back at least 20 years.The data will be known as the P-20/Workforce Data Repository and will be operated by the Higher Education Coordinating Board. 
Not coincidentally, the above legislation HB 2103 passed after the Family Education Rights and Privacy Act (FERPA) was gutted by then President Obama, and no longer protected our children’s data from almost unlimited sharing. Under the new regulatory interpretation, the U.S. Department of Education (USED) (and in fact state departments of education) may disclose personally identifiable student data to literally anyone in the world, as long as the disclosing agency uses the correct language to justify its action.
1. Does the Federal Government have any constitutional authority over education in the United States? NO
2. As noted here, HR4174 (and its identical Senate companion bill S2046) is the result of the Congressional Commission on Evidence-Based Policy Making (CEP) Commission.  On Oct. 21, 2016, the (CEP) hearing included many heavily funded panelists giving testimony in support of creating a student tracking database. You can watch the entire Oct. 21 hearing here
Presenter: RK Paleru of Booz Allen Hamilton’s testimony. You can see by his written testimony, that BAH supports, among other things, linking student data from surveys, multiple agencies, public-private partnerships, and data analytics.  (Clearly, we are not just talking college student grades or the classes they took.)
During his testimony, Paleru says he is “bringing the private sector perspective to the conversation”.  He sees the need for a data clearinghouse.  Paleru suggests that this national database be self-service and calls it a  “Pinterest for data“,  wants crowdsourcing for data, and data as paid service, and promotes inter-agency data sharing.  He mentions the need to link statistical and survey data.

@ 3hour 22 min of the hearing, Paleru acknowledges the need for better accountability of Government spending and mentions concerns of breaches, security, and loss of privacy. (MEW NOTE: addressing these concerns does not require linking public-private databases. It requires compliance with existing laws and enforceable penalties for non-compliance.)
As noted here; HR4174 repeals E-Govt act of 2002  44 USC 3501,  which contains the Computer Security Act of 1987.  Then amends Confidential Information Protection and Statistical Efficiency Act of 2002– whose purpose was to limit federals agencies that collect data for statistical purposes from using the data for any other purpose.
Please see HR 4174 excerpts in the graphic below. 
3. What is coming next? Under the guise of helping high school students make more informed choices about higher education, the College Transparency Act (CTA) (H.R. 2434) would allow a federal student unit-record system that would track every American citizen who enrolls in higher education.
  • There is a fundamental “SHIFT” occurring in education today. Some will say it is 21st Century Learning.
The truth is, technology is the only 21st Century thing about it. These are the same battles that were fought in the past; beginning in the 1930s and more recently, in the late 60’s and early 70’s and again in the late 80′s and early 90′s. It is what was coined back then- Outcome Based/School to Work education.
Purposes Behind Common Core/College and Career Ready National Standards now codified into law through the passage of the Workforce Innovation and Opportunity Act (WIOA) and the Every Student Succeed Act (ESSA).
1. Shifts Education Philosophy- An education of Opportunity (Equal Opportunity) based on academics; reading, writing, math, and history has shifted to an education of equity (Equal Outcomes) based on attitudes, values, beliefs, and behaviors.
2. Broadened Impact – The Common Core/College and Career Ready National Standards expand the target be from K-12 (Kindergarten through 12th grade) to a P-20 (Pre-school through College, Trade or Graduate School) Workforce system.
3. Testing Based Outcomes- The Common Core/College and Career Ready National Standards shifts from the “Mental” (Academics and Knowledge-Based Tests) to “Behaviors” (Performance Standards and Competency for the workforce).
4. Adjustments to Ideology- Change American’s worldview from nationalism into globalism and allow a government controlled economy known as ”Dirigisme” or the more common use–a dirigiste economy. It means essentially a state-directed economy mandated by federal and state legislation.
5. Dismantle traditional public schools in favor of charter-like structures (public/private partnerships) that will be forced to generate student data for corporate profit and state control.
A FEDERAL UNCONSTITUTIONAL SYSTEM has been locked in place through the passage of federal and state legislation (designed like a set of gears) “rigged” if you will, to sort our children into positions within the workforce, based on the Soviet model. This is about controlling the next generation of Americans. You are no longer an American who lives in a global economy, you are a global citizen who happens to live in America. 
“Governance is the process by which we collectively solve our problems and meet our society’s needs. Government is the instrument we use. The instrument is outdated, and the process of reinvention has begun. We do not need another New Deal, nor another Reagan Revolution. We need an American perestroika.” 
Perestroika – the Russian program of economic and political reform in the Soviet Union initiated by Mikhail Gorbachev
What does the end game look like? 

Jeb Bush is a constant figure along with Bill Gates, in all of the “Education Reform”.  Jeb Bush is directly tied into the Aspen Institute. A think tank that is far from Right or Conservative.

In an Aspen Institute report, Jeb Bush was the Co-Chair of (Learner In a Networked World) they lay out their plan.

They want access to every child in America. That is what Jeb Bush and Betsy Devos’ School Choice is all about, ACCESS to our children to transform the way they learn and behave. This has nothing to do with Parental Rights or actual choice!!

From the report: Learner in a Networked World

“We can create an education system where instead of time being the constant with learning the variable, the constant is mastery of content and the variable is time. If the opportunity for personalized learning were made available to all students—and we believe that it can be—we could realize the potential for improving academic performance for all students, substantially reducing the disparities that have long been a troubling aspect of the American educational system.

This is the education every student can and should receive.”

What is the end game…..
“Predictive Analytics” – as seen in this article featuring Houston Billionaires John and Laura Arnold, The Science of Giving- who have direct ties into Texas Aspires through Chris Barbic, seen below.

Texas Aspires- Chris Barbic

Predictive Analytics uses mined education data to create software programs that have the ability to predict the behaviors of students. This is also being used in the world of criminal justice to predict who the criminals will be. Judges are using “predictive analytics” in the sentencing of criminals.
Think of it this way. 

Previously in America, your past did not determine your future. Now -through Billionaire funding, “Innovation” Schools of Choice legislation gives the access point to ALL students. It will be implemented, mandated and regulated by law, in the soon to come Next Generation of Assessments and Accountability. America’s next generation’s personal data portfolio will determine not only their future but their daily lives.

As stated by Yuval Harari:
“What will happen when the algorithm knows what is better for me than myselfThe authority will shift from the feelings of the individual to these outside algorithms.” 

In addition, the Laura and John Arnold Foundation are directly connected to the push in Washinton DC to “Evidence-Based Policymaking”.
From this memo: To Board of Advisors of the Coalition for Evidence-Based Policy

“We are now entering a new and exciting phase. Over the next couple of weeks, the Coalition staff (including me) will join the Laura and John Arnold Foundation, which is opening a Washington DC-based Evidence-Based Policy and Innovation division. I will be the Foundation’s Vice President of Evidence-Based Policy, responsible for strategic investments in randomized controlled trials aimed at growing the body of research-proven social programs, and in the scale-up of those shown to produce meaningful improvements in people’s lives. The Coalition’s operations will be integrated into the Foundation, where our team will build on and expand our core activities, including working with policy officials to advance evidence-based reforms in government social spending and conducting expert reviews of the evaluation literature to identify programs with credible evidence of effectiveness.”

You must understand what has been written into the Every Student Succeeds Act (ESSA), which is the re-authorization of the Elementary and Secondary Education Act (ESEA), originally passed in 1965, which opened the door for Title 1 federal dollars to go to economically disadvantaged students?

Anita Hoge clearly laid it out the danger for our children and their future…..

“Specialized Student Support Services” and “Direct Student Services” mandate equitable services to all private schools, the same as in public schools. This is referred to in the ESEA legislation as “meaningful choice.”

There are specific lists of providers that must be used, as well as, an ombudsman that will oversee compliance in private schools. This is where the mandate will force teachers to identify students as being At-Risk of not meeting College and Career Ready/Common Core as a disability and perform psychological services paid for by IDEA. These interventions are defined as positive behavior intervention and supports, PBIS, multi-tiered system of supports, MTSS, response to intervention, RTI, and early intervening services, EIS, etc.

These interventions are happening NOW because of the Flex Waivers.
By identifying students as At-Risk under Title I, ALL will receive psychological treatment and interventions on your children in private, Catholic, and Christian schools, as well as homeschools (defined as a private school.)


Regular classroom teachers are being trained to identify children who would need services through PBIS, RTI, EIS, & MTSS.

Once EDUCATION SAVING ACCOUNTS (ESA)’s are in full operation, dedicated to each individual student, an individual career pathway meeting College and Career Ready/Common Core soft skills (Grit) interventions and a treatment plan which will be funded by direct student services known as psychobabble.
Because these specialized services are defined in the legislation as psychologists, psychiatrists, social workers, etc, these services will be mandated. These members of the psych profession will be in a position for MEDICAID TO BE BILLED FOR SPECIALIZED STUDENT SUPPORT SERVICES. This is your meaningful CHOICE.

Medicaid is on the scene as mental health wrap-around services. Your family and child will be assigned a case manager. This initiates an individual family service plan. The federal government has just walked in your front door and will have complete control of your children and their future. It is a “Knowledge Revolution”.

Knowledge Revolution


Bell has written extensively about parents not being capable of raising their own children.)

As Moms and Dads, we need to step back and start asking ourselves a couple of questions…

1. Can we accept an educational program as a truly solid academic education that will serve our children and their futures well, if our children graduate from high school or college with the attitudes, values, beliefs, behaviors, and a worldview that we oppose, which has been presented by teachers trained to believe it is their responsibility to be the devil’s advocate, and who teach our children to question and even oppose the foundational beliefs of our families?

2. Is it more important for our children to receive college credits in high school, or more important to establish and protect their minds and souls?

3. If your child graduates from college and attains a great, high paying job, but no longer respects – much less believes – that they are worthy of a strong marriage, a free and prosperous country, and that by the grace of God anything is possible – have we done our best to give our children a strong foundation for a happy, joy-filled life?”


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