recently posted some very interesting history and facts about Utah's Common Core Standards. You can find his original blog post
. With his permission, I am sharing a large portion of that post:
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What is common core?
The
Common Core State Standards(Common Core) are a set of math and
English language arts curriculum standards adopted by 45 states. The Common
Core was developed by an effort known as the Common Core State Standards
Initiative, coordinated by the National Governors Association for Best Practices
and the Council of Chief State School Officers. Educators, administrators,
researchers, parents, community groups, and private companies all reviewed the
standards and provided feedback during the process. Included within the common
core are college-and-career-readiness standards, which address what students
are expected to learn when they have graduated from high school, and grade
level standards for kindergarten through grade 12, which address expectations
for elementary through high school. The State School Board adopted the Common
Core as Utah's core standards for mathematics and English/language arts in
August 2010.
Utah professors in both Math and English at local institutions of higher
education have endorsed the new core standards. See
http://www.schools.utah.gov/core/Utah-Core-Standards/CommonCoreResourceGuide.aspx
How did we get here?
In 2008, the National Governors Association and the Council of Chief State
School Officers began a push for common standards for English language arts and
mathematics in cooperation with interested states. In May 2009, Governor Jon
Huntsman and Superintendent Patti Harrington signed a Memorandum of Agreement to
participate in the development of the Common Core (Utah's Common Core MOA).
Utah's Common Core MOA does not require nor commit Utah to adopting the Common
Core. Participation in the Common Core States Standards Initiative (the Common
Core Initiative) was “voluntary for states.” The purpose of the MOA was to set
up a process for the development of the Common Core Initiative and commit
states to “the process and structure as described” in the MOA. Utah’s Common
Core MOA does not commit Utah to maintaining the Common Core.
In May 2010, Governor Gary Herbert signed a Memorandum of Understanding (MOU)
for Utah to join the SMARTER Balanced Assessment Consortium (SBAC), a group of
states working to develop computer adaptive assessments aligned with Common
Core. SBAC has received a grant of $160 million from the federal government
through the “Race to the Top” (RTTT) Fund along with a supplemental award of
$15.9 million to develop assessments and associated materials. (Utah sent a
letter withdrawing from the SBAC in August 2102, issued its own RFP, and
awarded a contract to AIR -- which is also assisting other states in developing
their computer adaptive tests.)
In the MOU, Utah agreed to adopt “a common set” of college and career standards
and “common achievement standards”. This is what we now call "Common
Core."
Utah has had its own standards in place since 1984, and has revised them every
5-7 years. Prior to the 2009 agreement to use Common Core, Utah individuals who
were elected or were overseen by elected officials created those standards. So
the teachers and parents, etc. had some avenue if they wanted it changed.
Even though the legislature did not create the standards, there have been
instances where they made firm requests that the standards be adjusted and the
state school board considered and complied.
Contrary to what many have been told, Utah has not received any federal dollars
to adopt or implement these standards. But the way we accepted our NCLB waiver
arguably requires that we keep them -- but our basis for that can be changed.
The minutes of the Utah Start Board of Education (State School Board) meeting
on August 6, 2010 state that the Board voted unanimously to adopt the Common
Core Standards. This document states that it “supersedes the specific
governance provisions of the MOU,” and has the same five-step Exit Procedure as
the MOU. This vote effectively replaced Utah’s core K-12 standards with Common
Core State Standards developed by the National Governors Association and the
Council of Chief State School Officers. On this date, the State School Board
formally adopted Common Core as Utah’s core standards for English language arts
and mathematics.
On January 7, 2011, the U.S. Department of Education entered into a Cooperative
Agreement with SBAC. (In August 2012, the State School Board withdrew withdrew
from the SBAC.) This has become to be known as the “Race To The Top” (RTTT)
Award. However, Utah did not win a RTTT award. The award is deemed cooperative
because the Secretary of Education has determined that “substantial
involvement” of the Department is necessary for success. The Appendices contain
14 Conditions, including compliance with the Stimulus Act (ARRA) and all
applicable operational and administrative provisions. There are Budget tables
totaling $149 million for four years, plus $10 million for three years of
comprehensive assessment. Finally, the separate Grant Award Notice covered the
$149 million and $10 million items above. And it specified “substantial
involvement of the Department of Education.”
What is the effect of Utah's Waiver from No Child Left Behind (NCLB)?
On September 23, 2011, the Secretary Duncan invited states to request
flexibility regarding specific requirements of the Elementary and Secondary
Education Act (ESEA), also known as the No Child Left Behind Act of 2001
(NCLB). States were given the opportunity to replace the federal accountability
system with an accountability system developed by the state. Under the federal
accountability system, schools were annually evaluated based on meeting targets
for the percentage of students scoring proficient on English language arts and
mathematics assessments with the goal of all students attaining proficiency by
2014.
To obtain flexibility, the Department of Education requires a state to adopt
college-and-career-ready standards (i.e., common core standards) and develop
and administer high quality assessments tied to those standards. The State
School Board submitted a flexibility request and received approval on June 29,
2012. In its flexibility request, Utah noted its adoption of the Common Core
and its membership in the Smarter Balanced Assessment Consortium (SBAC) to
fulfill the Department’s requirements for flexibility. But then Utah sent a
letter withdrawing from SBAC on August 9, 2012.
Utah was not required to fully adopt the Common Core nor participate in an
assessment consortium (such as SBAC) to obtain flexibility from the current
ESEA requirements. However, as part of its application for ESEA flexibility,
Utah made assurances to the Department of Education regarding its current
incorporation of the Common Core into its core standards and Utah's membership
in SBAC. Although Utah's application for flexibility made goals and assurances
related to its status as a Common Core state and membership in SBAC, Utah could
have taken the option to adopt standards other than the Common Core or withdraw
from SBAC (which it did). Utah could still petition the Department to allow it
to amend or change its approved flexibility request, or it could still re-apply
for the ESEA flexibility waiver with different college-and-career ready
standards or assessments.
Although the ESEA flexibility waiver has been granted for two years, a state
may amend its request: “The Department encourages Utah to continuously evaluate
the effectiveness of the plans and other elements of its ESEA flexibility
request as it proceeds with implementation, and to make necessary changes to
address any challenges that it identifies. . . . If Utah wishes to make changes
to its ESEA flexibility request, Utah must submit those changes to the
Department as early as feasible for the Department's review and approval.”
When Utah received the waiver, it was automatically excused from the AYP Annual
Yearly Progress (AYP) reporting. As of September 2011, about one-fifth Utah
schools were not meeting the AYP standards as designated by NCLB. About 20 of
those schools were Title 1 schools and would therefore be required to offer to
bus children to better schools and offer more tutoring.
After the changes are submitted to the Department, the changes could be
approved or the Secretary could decide to terminate Utah's waiver for
non-compliance with the ESEA flexibility waiver. If the waiver is terminated,
Utah and its school districts and charter schools (LEAs) would be required to
comply with the current provisions of ESEA without the flexibility. If the
Secretary terminates the waiver, “Utah and its LEAs must immediately resume
complying with the requirements of current [ESEA] law.” At that point Utah
could re-apply for ESEA flexibility with the new standards or simply comply
with current ESEA provisions without flexibility.
Can Utah get out of Common Core?
Utah’s 2009 agreement with the Common Core State Standards Initiative says “This
effort is voluntary for states” and does not require the state to do anything
as a participating member other than adopt the standards. Utah can stop using
common core as its state standard. Since the MOA signed by Utah to participate
in the development of the Common Core does not require nor commit Utah to
adopting the Common Core, and because Utah did not receive federal money
related to its adoption of the Common Core, Utah is not required to keep the
Common Core as its state standards.
Some maintain that Utah is required to keep Common Core unless and until it
changes the waiver. So it might be more fair to say that Utah does have the
option of using other standards that are not aligned with the Common Core.
However, it would require Utah to re-write and then be reapproved for the NCLB
waiver -- or just abandon the waiver all together. Utah could also adopt
“standards that are approved by a State network of institutions of higher
education, which must certify that students who meet the standards will not
need remedial course work at the postsecondary level” -- an option the federal
government originally offered the state when it applied for its waiver. Such an
alternative would allow Utah to develop its own standards and still obtain
relief from some stifling NCLB regulations and receive the funding to which
those regulations are attached. Two states – Minnesota and Virginia – have
received NCLB flexibility waivers by choosing this option. In all events,
changing Utah’s standards by leaving Common Core would requirement an amendment
to the flexibility waiver for NCLB.
In both January 2010 and May 2010, Utah submitted applications to receive
grants through the first two phases of the Obama administration’s “Race to the
Top” (RTTT) Fund. As part of its evaluation process for determining which
states would receive funds, the federal government gave preference to a state
if it had “demonstrated its commitment to adopting a common set of high quality
standards” by participating in a consortium that included “a significant number
of states” and was “working toward jointly developing and adopting a common set
of K-12 standards.” Because the state did not win a grant in either the first
or second phases of RTTT funding and did not apply for phase three, it is not
required to remain in Common Core because of RTTT. But the waiver is a separate
matter, as set forth above.
In 2012, the Utah Legislature passed a bill requiring the state to administer
statewide computer adaptive tests aligned with Utah’s core standards. The State
Office of Education released a “request for proposal” in order to have its own
assessments developed or to adopt another existing assessment. It eventually
awarded a contract to American Institutes for Research (A.I.R.). AIR is the
only vendor that has been approved by the U.S. Department of Education, which
makes some people question the amount of federal influence.
What are assessments?
In order to determine if students are learning and understanding the standards
through the teaching of the curriculum, schools administer assessments. Utah
law requires the State School Board to develop an assessment method to
uniformly test students in basic skills courses. In the 2012 General Session,
the Legislature passed H.B. 15, Statewide Adaptive Testing, which enacted a new
requirement to test Utah’s core standards in science, math and English/language
arts with a computer adaptive assessment system.
The
Smarter Balanced Assessment Consortium (SBAC) was
authorized under the
American Recovery and Reinvestment Act of
2009 (ARRA), the federal government provided funding to two consortia of states
to develop assessments aligned with the Common Core. Utah initially joined the
Smarter Balanced Assessment Consortium (SBAC), a consortium of 27 states
created to develop an adaptive assessment system.
On August 3, 2012, the State School Board voted to exit SBAC. The Board's
August 3, 2012 Meeting Summary states that the Board voted to end its
membership in SBAC in order to avoid a conflict of interest related to the
Board's request for proposals for an adaptive assessment system required under
2012 General Session H.B. 15, Statewide Adaptive Testing. Utah is no longer a
member of SBAC and through the RFP process has contracted with the American
Institutes for Research (A.I.R.) to develop Utah’s computer adaptive
assessments.
What will common core cost?
The answer is not yet clear.
According to the Utah State Office of Education, “Utah is not spending any more
money on the common core adoption than is typically associated with core
standards revision -- which have been in pace since 1984. School districts and
charter schools have received no additional funds, federal or state, to
implement the new core standards or new instructional materials and curriculum.
In fact, earmarked funding for professional development, which is used to train
Utah’s public school educators in new core standards, has decreased
significantly. Before 2008. school districts and charter schools had $78
million in state funds for professional development through the Quality
Educator Block Grant. This funding has been almost completely eliminated. For
the 2011-12 school year, the Legislature allocated only $2 million in state
funds for professional development, and cut that amount in half for the
following school year. Furthermore, textbook costs are not anticipated to
increase. Whenever new standards are implemented, school districts and charters
are required to phase in new materials. Due to restricted finances, many do not
immediately purchase new books.Instead, most have a five-to-seven-year textbook
replacement plan.
“Utah is spending money on developing new computer adaptive assessments. In
2007, Governor Jon Huntsman convened a Blue Ribbon Panel on Assessment. The
panel, stakeholders throughout the state, and the Utah State Board of Education
concluded that computer adaptive assessments should be studied and, if
successful, should be adopted statewide. Successful pilots were conducted, and
the State School Board concluded that state funds should be sought for computer
adaptive assessments aligned to state standards. This request would have been
made for whichever state standards were adopted by the State Board.”
The Utah Office of Legislative Research and General Counsel had similar findings
in regards to the cost of implementation of the new core standards in Utah. It
concluded that the federal government may only require a state to comply with a
public education mandate if the mandate is a condition of the receipt of money
accepted by the state through a federal program. If a state were to fail to
comply with the conditions of a grant, the federal government could require the
state to refund the money as a penalty for non-compliance. While Congress has
no authority to regulate activities for a general welfare purpose, it may tax
and spend “for the general welfare.” According to United States Supreme Court
jurisprudence, Congress may not directly regulate certain interests that
traditionally belong to the states, such as education. Congress may, however,
indirectly regulate traditionally local interests by conditioning a state's
receipt of federal money on the state meeting certain conditions.
There is a limit to Congress's ability to coerce a state to act by granting or
withholding federal funds. The United States Supreme Court has noted the
possibility that a given set of federal conditions to a state’s participation
in a federal spending program could be so onerous as to rise to a point where
"pressure turns into compulsion," regardless of whether Congress has
sought the consent of the states as part of the federal program.
In
South Dakota v. Dole, the state challenged a grant of federal
funding for roads that required South Dakota to raise its minimum drinking age
to 21 or lose 5% of the state's ongoing federal transportation funding. The
Court recognized that a circumstance could exist where the conditions placed on
receipt of the federal money were so extreme that they amounted to coercion of
the states. The Court ruled in favor of the federal government, finding that a
loss of 5% of ongoing transportation funding was minimal and that the state's
argument that it was “coercion [was] shown to be more rhetoric than fact.”
Despite the Court's specific holding in
Dole, the case left open
the possibility that a future grant program offered to the states by Congress
could be struck down if the grant conditions were so onerous that a court could
determine that they amounted to "coercion."
Is Utah required to give student-identifying data to the federal government
or other states because of the Common Core or SBAC?
Neither Utah's adoption of the Common Core nor its past participation in SBAC
require Utah or its school districts and charter schools to share data or
report student information. Utah school districts and charter schools are
required to report certain aggregated (non-identifying) student information
pursuant to certain federal programs, but both of the largest federal public
education programs explicitly prohibit the reporting of student identifying
information to the federal government. Utah will have to comply with the same
federal reporting requirements whether it continues to use its current
standards based on the Common Core or if Utah adopts other core standards
created exclusively for Utah.
There is some concern about data sharing that may be associated with using
national assessments. Those will arguably link Utah into national data banks
that we don’t have control. Therefore, Utah will not have any say regarding
what information is collected or to whom it is distributed. So it may be more
fair to say that Utah schools are required to report certain aggregated
(non-identifying) student information pursuant to certain federal programs. The
Legislature has attempted to secure the information of Utah students, but this
is an issue that has proven to be complicated. Some people fear that federal
FERPA changes have made it optional to share this data.
Is Utah required to give
student-identifying data to the federal government or other states because of
the Common Core or SBAC?
Neither Utah’s adoption of the Common Core
nor its past participation in SBAC require Utah or its school districts and
charter schools to share data or report student information. Utah school
districts and charter schools are required to report certain aggregated
(non-identifying) student information pursuant to certain federal programs, but
both of the largest federal public education programs explicitly prohibit the
reporting of student identifying information to the federal government. Utah
will have to comply with the same federal reporting requirements whether it
continues to use its current standards based on the Common Core or if Utah
adopts other core standards created exclusively for Utah.
There is some concern about data sharing that
may be associated with using national assessments. Those will
arguably link Utah into national data banks that we don’t have
control. Therefore, Utah will not have any say regarding what
information is collected or to whom it is distributed. So it may be more
fair to say that Utah schools are required to report certain aggregated
(non-identifying) student information pursuant to certain federal programs. The
Legislature has attempted to secure the information of Utah students, but this
is an issue that has proven to be complicated. Some people fear
that federal FERPA changes have made it optional to share this data.
Can Utah change the Common Core?
Utah adopted the Common Core standards and
they are now Utah Core Standards in math and English language arts, and yes,
Utah can change the Utah standards at any
time. In early April 2013, the State Board adopted new standards in cursive
writing, adding that to the Core standards. So we have already made changes to
adapt these to Utah’s needs. So there is little or
no argument that Utah can add whatever it wants. But the true
concern is that the assessments are tailor made to the standards, with the
curriculum falling somewhere in between. Since teachers will
be evaluated on how well their students perform on the assessments,
they will be motivated to teach only the common core
materials.
Utah could change or substitute
portions of the Common Core. Utah’s Common Core MOA does not require nor
commit Utah to adopting the Common Core but, by the terms of the MOA, allows
Utah to add 15% on top of the Common Core: “States that choose to align their
standards to the common core standards agree to ensure that the common core
represents at least 85% of the state’s standards in English language arts and
mathematics.”
The Common Core State Standards Initiative
license grant states: The NGA Center for Best Practices (NGA Center) and the
Council of Chief State School Officers (CCSSO) hereby grant a limited,
non-exclusive, royalty-free license to copy, publish, distribute, and display
the Common Core State Standards for purposes that support the Common Core State
Standards Initiative (emphasis added). These uses may involve the Common Core
State Standards as a whole or selected excerpts or portions. The license grant
allows Utah to use the Common Core in whole or in portions “for purposes that
support the Common Core State Standards Initiative.” If Utah amends the Common
Core standards significantly, it is uncertain whether NGA and CCSSO would
consider the changes or substitutions to be supportive of the Common Core State
Standards Initiative.
According to the minutes of the August 3,
2012 State School Board meeting, there is no “core police” that will stop or
prohibit Utah from amending the Common Core standards in excess of the 15%
allowed by the Common Core State Standards Initiative. The State School Board
is free to add to (but not delete from) to the standards to meet a state’s
individual need and encouraged all states to look at those needs. Even if Utah has
the legal right to amend the Common Core by more than an additional 15% added
to the top, it risks losing benefits a state gains when it adopts the Common
Core. If Utah amends its core standards to make them significantly different
from the Common Core, Utah may not be able to accurately compare its students’
performance to the performance of students in other Common Core states. Also,
Utah may not be able to take advantage of products and materials developed for
the Common Core states, which may be more cost effective. Legally Utah is free
to amend its core standards significantly beyond the 15% added to the top.
Doing so, however, could cause Utah to lose certain benefits of being a Common
Core state.
Is Common Core different than curriculum?
Core standards are concepts, knowledge,
and skills that students need to understand and master as they move through
their schooling that prepare them for further education or careers after high
school graduation. Standards are not curriculum. Utah law requires the State
School Board to establish core curriculum standards.
Utah Code 53A-1-402.6(2) provides that the
board shall:
(a) identify the basic knowledge, skills,
and competencies each student is expected to acquire or master as the student
advances through the public education system; and
(b) align the core curriculum standards
and tests administered under the Utah Performance Assessment Systems for
Students (U-PASS) with each other.
The State School Board adopts standards in
a range of subjects including math, English language arts, driver education,
social studies, science, and fine arts. These core standards are revised every
five to seven years to assure that students learn what they need to know to be
successful after public school.
Curriculum is an educational plan; it sets
forth how and what is used to teach the standards. It may include content,
teaching materials, and methods. Strategies are recommended at the state level,
but are not mandated. Utah law requires local school boards to establish
curriculum, which may vary from district to district and be tailored to local
needs. UTAH CODE Subsections 53A-1-402.6(4)–(5) provide that
(4) Local school boards shall design their
school programs, that are supported by generally accepted scientific standards
of evidence, to focus on the core curriculum standards with the expectation
that each program will enhance or help achieve mastery of the core curriculum
standards.
(5) Except as provided in Section
53A-13-101,each school may select instructional materials and methods of
teaching, that are supported by generally accepted scientific standards of
evidence, that it considers most appropriate to meet core curriculum standards.
Although the federal government cannot
control curriculum, some are concerned that it can effectively drive the
curriculum by controlling the assessments on the standards. There remains
the concern that the adoption of federal standards diminishes local control,
i.e., a parent’s ability to go to the local school board and seek a change
in curriculum from what is currently being taught.
What are my sources?
UTAH CODE ANN. § 53A-1-402.6 (2012).
BRENDA HALES, UTAH STATE OFFICE OF EDUC., IMPLEMENTING UTAH’S CORE STANDARDS IN READING/LANGUAGE ARTS AND MATHEMATICS: COSTS (2012)
UTAH CODE ANN. § 53A-1-402.6 (2012).
Official minutes of the State Board of
Education, which discussed the Common Core at its February 5, March 5, and May
7 meetings; adopted the Common Core on first reading at its June 4 meeting; and
adopted the Common Core on final reading at its August 6, 2010 meeting. In a
joint meeting with the State Board of Regents on June 25, 2010, the Board
discussed the Common Core. The Legislature’s Education Interim Committee
discussed the Common Core at its June 17, 2009 meeting.
Memorandum of Agreement between The
Council of Chief State School Officers and The National Governors Association
for Center for Best Practices, and the State of Utah regarding Common Core
Standards (May 2009) (signed by Governor John Huntsman and Superintendent Patti
Harrington).
South Dakota v. Dole, 483 U.S. 203 (1987).
U.S. v. Butler, 297 U.S. 1, 66 (1936).
Memorandum of Agreement between The
Council of Chief State School Officers and The National Governors Association
for Center for Best Practices, and the State of Utah regarding Common Core
Standards (May 2009) (signed by Governor John Huntsman and Superintendent Patti
Harrington).
COMMON CORE STATE STANDARDS
INITIATIVE, BACKGROUND ON THE INITIATIVE
(2010); COMMON CORE STATE STANDARDS INITIATIVE, POWERPOINT—MARCH 2010.
The Elementary and Secondary Education Act
(ESEA) and the Individuals with Disabilities Education Act (IDEA) require Utah
school districts and charter schools to report certain aggregated student
information.
Individuals with Disabilities Education
Act, Pub. L. No. 101-476, 104 Stat. 1142 (2004), codified at 20 U.S.C. §
1416(b)(2)(C)(iii)(2006) (“The State shall not report to the public or the
Secretary [of the U.S. Department of Education] any information on performance
that would result in the disclosure of personally identifiable information
about individual children. . . .”).
U.S. DEP’T OF EDUC., ESEA FLEXIBILITY REVIEW GUIDANCE 6 (2012).
UTAH BD. OF EDUC., UTAH ESEA FLEXIBILITY
REQUEST 34 (2012).
Letter from Deborah S. Delisle, Assistant
U.S. Sec’y for Elementary & Secondary Educ., to Hon. Larry K. Shumway, Utah
Superintendent of Pub. Instruction (July 9, 2012), at 3.
