Monthly Archives: July 2015

Is Scott Walker a Helpless Victim of the All-Powerful Tony Evers???

Is Scott Walker a helpless victim of an all-powerful DPI superintendent???

Is Scott Walker a helpless victim of an all-powerful DPI superintendent???

There have been quite a few people claiming the Scott Walker and the legislature have done everything possible to repeal Common Core in Wisconsin.  They claim that the governor and legislature are helpless victims of an “all-powerful” DPI superintendent and that their hands are tied with respect to repealing Common Core.  This article will show that nothing could be further from the truth.
The state superintendent is not a god.  He is not all-powerful.  This continued insistence on the part of the governor and the state legislature that they are “victims” of Tony Evers and the DPI is utter nonsense. And, respectfully, no one in Wisconsin should be facilitating such excuse-making.
The state legislature is fully in a position of being able to set parameters around the authority of the state superintendent. It’s abundantly clear in Article X:
“Superintendent of public instruction. Section 1. [As amended Nov. 1902 and Nov. 1982] The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties and compensation shall be prescribed by law.”
The state legislature makes the laws. If they wanted to take Tony Evers authority down to nothing, they could do that. The only thing they CANNOT do, as determined by case law, is to establish another education office of equal or greater authority. From the annotations to section 1:
This section confers no more authority upon school officers than that delineated by statute. Arbitration Between West Salem & Fortney, 108 Wis. 2d 167, 321 N.W.2d 225(1982).

The legislature may not give any “other officer” authority equal or superior to that of the state superintendent. Thompson v. Craney, 199 Wis. 2d 674, 546 N.W.2d 123 (1996), 95-2168.

The legislature has the authority to give, to not give, or to take away the state superintendent’s supervisory powers, including rulemaking power. What the legislature may not do is give the the state superintendent a supervisory power relating to education and then fail to maintain the state superintendent’s supremacy with respect to that power. Coyne v. Walker, 2015 WI App 21, 361 Wis. 2d 225, 862 N.W.2d 606, 13-0416.”

We know—in fact, we have repeatedly seen—that when Governor Walker wants something out of the legislature, he gets it, including some incredibly sketchy policy. Take automatic collection of DNA on arrest, for example, in the last biennial budget. That passed with only one concerned comment on the floor from a Republican. Undermining constitutional and civil liberties was giving him heartburn, he said, but he voted for it anyway…right along with almost everyone else.
Or how about putting Wisconsin taxpayers on the hook for $250 million in that Bucks arena deal—a venture in which two of his major political contributors stand to gain, one of whom is now high up in his campaign staff.
Never mind his recent “leadership” on attempting utterly to gut open records law in this state. No denying, at this point, that the Governor’s Office led on that little maneuver. Every single Republican member of the Joint Finance Committee rallied to help him out with what can only be described as insidious language, quietly tucked into the 999 motion to the budget.
Scott Walker knows how to whip votes for whatever he wants to get done, not to mention anything he wants to stop dead in its tracks.  People don’t like crossing him much. I’m hearing stories from legislators right now regarding recently introduced legislation—stories that would curl your hair.  The governor outright bullies legislators when it serves him—usually sending his legislative liaisons to do his dirty work for him.  Yes, he can get plenty done when he likes, however troubling his methods may be to me and others.
So, Governor Walker needs to cut the crocodile tears. And everyone else should stop believing them. If he’s so bothered by Tony Evers’ authority, he could absolutely ask his Republican friends in the legislature to draft a bill altering Evers’ authority over certain matters.  He has done no such thing, and he will not.  Evers is a convenient excuse and whipping boy for Walker. No more, no less.  And why would legislators not act on their own to draft and pass such a bill?  Because they know the governor wouldn’t sign it if they did.
The bottom line is that Governor Walker is a supporter of P-20 systems.  Everything he has done since he got into office tells us that.
  • He ensured money to fund the Statewide Student Information System (Legislators on Joint Finance have been directly quoted as saying they voted for the funding in the last biennial budget “because it was what the governor wanted”).
  • He has ensured $1.1 million per annum in the last biennial budget and in this one to ensure that 6th-graders will all be writing “academic and career plans.”
  • He funded ACT WorkKeys in this biennial budget.
  • He insisted on having an “accountability” bill on his desk by the start of the new year, a task Republicans in the Assembly and Senate leapt to perform, despite the fact that  “accountability,” then as now, was all tied to Common Core.  When he couldn’t get the bills through on their own, he made sure much of the language from one of them was transferred into the budget, where it passed.
  • He has already signed several School-to-Work-related bills during his tenure in office.
  • He has expanded school vouchers, ensuring that greater numbers of private schools will fall under state “accountability” systems.
  • He placed language in the budget that essentially weakens state homeschooling laws, opening loopholes that begin the process of making that community vulnerable to the same dangers as private schools. (For those who doubt me on this reality, one Wisconsin senator has basically told concerned constituents that the changes in homeschool law are being plainly discussed by those around him as a useful way to edge homeschoolers into a greater position of accountability to the state. So, I’m not simply conjecturing.)
  • He has openly stated in at least one video-recorded interview that we should be more like Germany and other European nations in our approach to workforce development.
  • His administration has continued to pursue Common Core-aligned tests  despite defunding SBAC. In fact, we now know that language related to assessment mandates, which he vetoed in the budget, just somehow magically appeared during the budget process. It was not in there originally. No one seems to know where it came from. Walker’s vetoing of that language has made it look to many as though he did something that he actually didn’t….and that has caused dangerous confusion regarding his record on the matter.
We can go on, but we’ll leave it there.
Governor Walker is not interested in getting rid of Common Core. Governor Walker NEEDS Common Core as an integral piece of data collection and career-tracking.  He is strongly committed to workforce development/P-20–if for no other reason because the campaign donors with whom he chooses to run want it.  He is most definitely tight with the U.S. Chamber/Wisconsin Manufacturersand Commerce crowd.
If you wish to buy Governor Walker’s “victim” line, by all means, that is your right.  But there is precious little evidence to support such a claim.

Confirmed: Badger Exam to be Common Core Aligned


Did Scott Walker, by vetoing language in the Wisconsin Budget, ensure that Wisconsin’s annual assessment of students, the Badger Exam, would not be Common Core aligned?  Unfortunately, the answer is “NO”.  What follows is confirmation of that fact.

Many are claiming that the line item veto on page 473 of the Wisconsin Biennial Budget actually ended Common Core aligned testing in Wisconsin.  The Governor vetoed section 3248c requiring DPI to make sure summative testing followed certain parameters.  That section reads as follows:

118.19.  SECTION 3248b.  
118.30 (1) of the statutes is renumbered 118.30 (1) (a) and amended to read:

118.30 (1) (a) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th, 9th, 10th, and 11th grades.  Beginning in the 2015−16 school year, the state superintendent may not adopt or approve assessments developed by the Smarter Balanced Assessment Consortium.

SECTION 3248c.  118.30 (1) (b) of the statutes is created to read:

118.30 (1) (b) The state superintendent shall review and adopt or approve a summative examination system consisting of examinations to be administered beginning in the 2015−16 school year to pupils in each of the grades 3 through 10 and in each of the subject areas of English, reading, writing, science, and mathematics.  Beginning in the 2015−16 school year , the state superintendent shall replace the examinations adopted or approved under par.  (a) for grades 4 and 8 in each of the subject areas of English, reading, writing, science, and mathematics with the examinations adopted or approved under this paragraph.  The state superintendent shall either replace the examinations adopted or approved under par.  (a) for grades 9 and 10 and in any of the subject areas identified under this paragraph with the examinations adopted or approved for those grades under this paragraph or use the examinations adopted or approved under par. (a) for grades 9 and 10 and in any of those subject areas to satisfy the requirements under this paragraph. The state superintendent shall:
1.  Ensure that each examination adopted or approved under the summative examination system satisfies the assessment and accountability requirements under federal law.
2.  Ensure that the summative examination system adopted or approved under this paragraph satisfies the following criteria:

a.  The system is vertically scaled and standards−based.
b.  The system documents pupil progress toward national college and career readiness benchmarks derived from empirical research and state academic standards.
c.  The system measures individual pupil performance in the subject areas of English, reading, writing, science, and mathematics.
d.  The system provides for the administration of examinations primarily in a computer−based format but permits examinations to be administered with pencil and paper in certain limited circumstances.
e.  Pupil performance on examinations adopted or approved under the system serves as a predictive measure of pupil performance on college readiness assessments used by institutions of higher education.

Again, the above section was line item vetoed by Governor Walker. The question many have is, given Governor Walker vetoed this language, will Wisconsin will no longer have a Common Core aligned Badger exam in upcoming years?

We asked Jeff Pertl, Senior Policy Advisor, Office of State Superintendent of Public Instruction, some questions to help us understand just which standards, if any, Wisconsin’s statewide assessment, the Badger Exam, will be aligned to.

Question: I wonder if given the Governor’s line item veto on page 473 of Act 55 (The Wisconsin Biennial Budget),  partially vetoing section 3248c putting parameters on summative testing whether the Request for Bid, PA160613 – Replacement Badger Exam, is still going forward? Will DPI be pursuing a new Badger Exam in English and Mathematics for next year?  Given that the governor has vetoed the mandate that DPI create a college and career ready assessment and defunded the Smarter Balanced exam, will Wisconsin be doing annual assessments of students?  If not, does this give Wisconsin problems with the federal government with respect to No Child Left Behind waivers or grants we’ve received?

Jeff Pertl (DPI): Both federal and state law still require annual summative testing in grades 3-8 and high school.
As you know, the Governor’s budget proposed to prohibit Wisconsin from being part of the Smarter Balanced Assessment Consortium, effectively requiring the State Superintendent to adopt a new test for next school year. To meet this requirement, the DPI issued a request for proposal (RFP) for a new assessment in English Language Arts, Reading, Mathematics and Science as well as a separate RFP for social studies.
During the state budget process, the Joint Finance Committee added statutory parameters that would govern the test and RFP (i.e that the test is vertically-scaled, measures college and career readiness, etc.).
The Governor’s veto removed the JFC parameters. The prohibition on using the Smarter Balanced test remains in the statute (as well as the state and federal requirements around annual assessment) and the RFP will continue to move forward. A new assessment will be in place for the next school year.

Question: I understand from the Q&A for the RFP process that the new assessment was to be aligned to the Common Core State Standards.  In light of this veto, will the new Badger Exam still be aligned to the Common Core?

Jeff Pertl (DPI): Federal law requires the assessment be aligned to the state standards.

Question: So the language in the budget that “no effect shall be given to Common Core standards“ is actually trumped by federal law precisely because the Secretary has declared the state standards to be Common Core.  Is that correct?

Jeff Pertl (DPI): The current RFP is based on the state budget language and is in compliance with state and federal law.

Question: I’m just trying to understand the compliance.  Even though the state budget says “no effect shall be given to Common Core standards“, it does not go so far as to stop Common Core standards from being the Wisconsin state standards which Dr. Evers put in place on June 2, 2010.    Correct?

Jeff Pertl (DPI): It does not change the state’s current model academic standards. Local schools districts can adopt whatever standards they wish.

Question: So federal law, by requiring assessments to align with state standards, essentially requires Wisconsin’s assessments (Badger Exam) to be aligned with the Common Core.  Correct?

Jeff Pertl (DPI):

No Child Left Behind (NCLB)
Section 1111. State Plans

(A) IN GENERAL-Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading or language arts, and science that will be used as the primary means of determining the yearly performance of the State and of each local educational agency and school in the State in enabling all children to meet the State’s challenging student academic achievement standards, except that no State shall be required to meet the requirements of this part relating to science assessments until the beginning of the 2007-2008 school year.
(B) USE OF ASSESSMENTS- Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, and graduation records over time.
(C) REQUIREMENTS- Such assessments shall–
(i) be the same academic assessments used to measure the achievement of all children;
(ii) be aligned with the State’s challenging academic content and student academic achievement standards, and provide coherent information about student attainment of such standards;

Click here for the full text

Addendum: Jeff Pertl wrote back to clarify on 7/31/2015, saying: “NCLB pre-dates the Common Core and does not require a specific set of standards, but rather alignment between the state assessment and state standards (whatever they happen to be).”

So there you have it.  This is confirmation from DPI that even after the 2015-2017 Biennial Budget (Act 55) is passed and signed into law by Governor Walker, even with his partial line item vetoes, Wisconsin will, in fact, continue to have a state assessment that is aligned to the common core.  This is because NCLB requires states to administer assessments aligned with their state standards and essentially nothing has been done by the legislature in the budget or elsewhere to change Wisconsin’s standards.

For all the bluster about Scott Walker’s budget language stating that “The state superintendent may not give effect to any academic standard developed by the Common Core State Standards Initiative,” it seems that the state superintendent really can give effect to the Common Core standards.  The effect is precisely this: the Department of Public Instruction is aligning the Badger Exam to the Common Core State Standards. 

As Bill Gates has mentioned: “When the tests are aligned to the common standards, the curriculum will line up as well.”  That will prove to be even more true in a state, like Wisconsin under Governor Scott Walker, where Accountability is a priority.

No matter what sort of Common Core talking points you hear from Scott Walker, the Republican Party of Wisconsin, or Republican state legislators, one thing is clear: Scott Walker absolutely did not ensure that the Badger Exam would not be Common Core aligned.  The proof is that DPI is moving forward on aligning the Badger Exam to the Common Core.

An Open Letter to Governor Walker: No More Games on Common Core

Delivered by hand to the Governor’s Office
July 6, 2015

Governor Walker,

It is time for some hard questions…and the truth.

On April 20th of this year, you were directly asked during a major media interview if you would repeal Common Core should such a bill land on your desk. You replied affirmatively, adding, “Absolutely! I proposed it in my budget.”

Yet, contrary to claims you stand against the Common Core standards, you are effectively entrenching those standards in Wisconsin via Common Core-aligned, high-stakes assessments.

For months, you have justified taking no definitive action against Common Core, insisting that local school districts have the power to decide for themselves what standards they will use.

However, in a statement to the press on January 17th of this year, you demonstrated clear understanding that Common Core-aligned assessments effectively coerce school districts into retaining the standards.

For this reason, many of us were initially encouraged when you indicated that you would defund Wisconsin’s participation in the Smarter Balanced Assessment Consortium (SBAC) via your proposed 2015-2017 biennial budget. We hoped for substantive movement, at long last, on an issue that affects most children, parents, and teachers in Wisconsin. However, as we read the actual budget language, we became troubled. Despite the defunding of SBAC, nothing in the budget language prohibits the selection or implementation of another Common Core-aligned assessment. Nor does it propose any fiscal plan for the creation or adoption of non-Common Core standards.

As it turns out, we were right to be skeptical.

On April 23rd, the Wisconsin Department of Administration (DoA) issued a Request for Bids (RFB) to replace the SBAC assessments that your proposed budget would ostensibly defund. The RFB was so vague as to which academic standards bidders should use to construct the new assessments that it took two rounds of questions to pin down a definitive answer. On June 5th the truth was irrefutably revealed: For mathematics and English Language Arts (ELA), the State of Wisconsin is telling bidders to write assessments based on the Common Core. Even then, there was clearly an effort to make it difficult to get to the truth. The links provided to the math and ELA standards did not directly contain the standards. Bidders and interested citizens, such as us, had to chase a rabbit trail of links and pages finally to arrive at PDF documents that contained the standards—clearly labeled as Common Core.

Please tell us, then, Governor Walker, how you can say you are doing anything to rid this state of the false reform initiative that is Common Core?

Please also share with us how you can say, as you did to a national radio audience, that you have proposed repealing Common Core in your budget?

Moreover, please explain to us how the language “the state superintendent may not give effect to any academic standard developed by the Common Core State Standards Initiative” can possibly be true in light of the new Common Core-aligned assessments your administration is now pursuing?

Even most legislators were sadly fooled by this gambit. Experience has taught us to be far more measured.

We’re tired, Governor Walker. We’re tired of excuses and half-truths. We’re tired of misleading and hollow rhetoric that repeatedly amounts to nothing more than political loopholes and broken promises. And most of all we’re tired of watching while the education of the children of Wisconsin takes a backseat.

To whom are you listening on this issue, Governor? It certainly isn’t people who actually care about the individual lives of Wisconsin children, the rights of parents, the livelihoods and freedom of teachers, or the proper authority of the average citizen over education.

Here are some measures that would make a true difference, Governor, in dispensing with Common Core—items that remain completely unaddressed in this state:

  • Ÿ  Prevent the wholesale collection, mining, storage, and sharing of personally identifiable student data.
  • Ÿ  Prohibit the Common Core initiative, anything based on it, and any standardized assessments aligned to it.
  • Ÿ  Provide for the immediate adoption of temporary model standards completely unaligned to Common Core.
  • Ÿ  Propose an operational plan, budget, and timeline for Wisconsin to create its own standards and assessments, with direct input from classroom teachers and university professors possessing both actual subject-matter and instructional expertise.
  • Ÿ  Ensure that high-stakes, standardized assessments—the results of which have long been known to correlate to little more than ZIP code—can no longer be leveraged as a principal means of gauging teacher, school, or district accountability.
  • Ÿ  Reduce the fiscal role and oversight of the state in education, so that citizens in a local district once again become the principal agents of accountability and may more truly be masters of their own affairs.

We’re not going away.

We are waiting and watching, Governor…and with your ambitions for higher political office on full display, so is the rest of the nation.

Will you finally lead on this issue? Or is that up to someone else?


The undersigned

Brian Medved
Protect Your Child’s Future
Dr. Timothy D. Slekar
Co-Founder United Opt Out & Creator of
Madison, WI
Jeffrey Horn
Prairie Patriots
Sun Prairie, WI
Debra Kadon
Wisconsin Administrator
Badass Teachers Association (BATs)
Green Bay, WI
Kirsten Lombard
Wisconsin 9/12 Project
Common Ground on Common Core
Madison, WI
Dr. Duke Pesta
Academic Director
FreeedomProject Education
Appleton, WI
Sara Lehman
Opt Out Fox Cities
Appleton, WI
Wendy Muckerheide
Kewaskum Against Common Core
Kewaskum, WI
Alan Scholl
Executive Director
FreedomProject Education
Appleton, WI
Ken Van Doren
Education Coordinator
Wisconsin Campaign For Liberty
Mauston, WI
Todd Welch
Wisconsin Campaign For Liberty
Menomonie, WI
Mary Black
Student Development Director
FreedomProject Education
Appleton, WI
Eric Shimpach
Wisconsin Coordinator
Young Americans for Liberty
Baraboo, WI
Tracie Happel
Parent & Educator
Onalaska, WI
Kristi LaCroix
Kenosha, WI
Savannah Bartel
Young Americans for Liberty – UW Madison
Madison, WI
Ryan McMorrow
Young Americans for Liberty – UW La Crosse
La Crosse, WI
Brad Hanson
Young Americans for Liberty – UW Eau Claire
Eau Claire, WI
Shane Otten
Young Americans for Liberty – UW Whitewater
Whitewater, WI
Levi Broadnax
Young Americans for Liberty – UW Oshkosh
Oshkosh, WI
Eric Hodkiewicz
Young Americans for Liberty – UW Stevens Point
Stevens Point, WI
Matt Sama
Young Americans for Liberty – UW Milwaukee
Milwaukee, WI
Cassidy Sather
Young Americans for Liberty – UW Superior
Superior, WI
Dexter Robson
Young Americans for Liberty – Carthage College
Kenosha, WI
Andrea Lombard
Sauk County Tea Party
Baraboo, WI
Greg Luce
La Crosse Tea Party
La Crosse, WI
Kody Guden
Young Americans for Liberty – UW River Falls
River Falls, WI
James Murphy
Green Bay TEA Party
Green Bay, WI
Arlene Frelk
Merrilan TEA Party
Merrilan, WI
Ronald Zahn
Northeast Wisconsin Patriots
De Pere, WI
James Leist
Manitowoc TEA Movement
Manitowoc, WI
Ed Willing
Caledonia, WI
Nathan Dietsche
Western Wisconsin TEA Party
Altoona, WI
Joana Briggs
Greendale Tea Party
Greendale, WI
Earl Hoffman
Clark County Tea Party
Greenwood, WI
Cynthia Narance
Christians United in Truth
Green Bay, WI
Steve Welcenbach
Conservative Insurgency & Menomonee Falls Taxpayers Association
Menomonee Falls, WI
Karl Koenigs
Wisconsin TEA Party Committee on State Sovereignty
Peshtigo, WI
Paul Lembrich
Southern Wisconsin Alliance of Taxpayers
Beloit, WI & Rock County Patriots
Janesville, WI
Shirley Kufeldt
Northwoods Patriots
Eagle River, WI
Oriannah Paul
Sheboygan Liberty Coalition
Sheboygan, WI
Marv Munyon
Rock River Patriots
Fort Atkinson, WI
Edward Perkins
Fox Valley Initiative
Appleton, WI
David Stertz
Fox Valley Conservative Forum
Appleton, WI
Michael Hintze
Wisconsin State Coordinator
Tea Party Patriots
Brookfield, WI
Georgia Janisch
Rock County Voter Education Forum
Janesville, WI
Mike Zoril
Rock County Voter Education Forum
Janesville, WI
Darin Danelski
Lake Country Defenders of Liberty
Oconomowoc, WI
Joanne Terry
Ozaukee Patriots
Mequon, WI
Dan Curran
Eagle Forum of Wisconsin & Concerned Citizens of Iowa County
Dodgeville, WI
Sandi Ruggles
Chapter President
Eagle Forum of  Southeast Wisconsin
Menomonee Falls, WI
Andy Craig
Libertarian Party of Milwaukee County
Milwaukee, WI
Phillip Anderson
Libertarian Party of Dane County
Madison, WI
Michael Murphy
Wisconsin Liberty Movement
Milwaukee, WI
Matt Augustine
Former Chairman
Republican Party of Kenosha County, WI
Kenosha, WI
Andrew Kolberg
Republican Party of Columbia County, WI
Portage, WI
Richard Church
Republican Party of Adams County, WI
Friendship, WI
Jackie Johnson
Republican Liberty Caucus – Wisconsin Chapter
Madison, WI
    Press Contact:Jeffrey Horn