[Posted here June 3 2014]
Six Ways that Hawaii's Public School Education System is Repugnant to the Constitution of the State of Hawaii.
By Richard Morse--Non-partisan candidate for governor, Hawaii-2014
Hawaii is one of 46 states that adapted Common Core State Standards (CCSS) about 2010, sight unseen. These education standards, and their standard-based curriculum, have set off a fire storm of controversy across the nation. Meanwhile, in Hawaii, it seems that relatively few people have even heard of Common Core.
That may soon change, as candidates such as myself, will attempt to bring the issue of public education to center stage in this 2014 election season. While Common Core is fraught with disturbing aspects, from begriming to end, let it suffice to point out that our constitutions, both U.S. and Hawaii State, are designed to prevent federal government from assuming control over education in public schools.
There are good reasons for these precautions in our constitutions, as history has born out the perils of education controlled by powerful central government. That is, when such powerful governments turn rouge, the result can be disastrous.
That in mind, it becomes necessary, in the upcoming debate, to examine how the implementation of CCSS in our state, is repugnant; or otherwise in violation of our State Constitutional standards.
First, let us note that The Constitution of the State of Hawaii embraces the protections and principals of the U.S. Constitution in its Preamble, with:
"The Constitution of the United States of America is adapted on behalf of the people of the State of Hawaii."
1) In violation of the U.S. Constitution, Article X:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Control of education--public or private--is not a power delegated to the Federal government by the Constitution; and is thereby "reserved to the States, or to the people."
Some will say that Common Core is "state lead." This is false, on a number of counts. Let us look at one count that exemplifies the control that the Federal government has assumed over our local education.
First, the Obama administration coerced states into accepting CCSS with Race to The Top monies, without allowing states to vet the standards beforehand. Since, the U.S. Department of Education has placed states, including Hawaii, on "High risk" status for non-compliance with its strict criteria or for not adhering to the US-DOE timetable.
CC standards are the only standards which qualify states for Race to the Top funding; and, by contract, they can not be altered. In other words, there are no alternatives to the CC standard-based curriculum available to states, if they want federal funds.
So, in violation of Article X of the U.S. Constitution, the federal government does, indeed, control states' education curricula through threats, bribes, rewards and punishment.
Hawaii is currently in compliance with the US-DOE demands, and has been removed from the "High risk" status.
In addition, teachers are assessed and graded (even by students) as to their performance in teaching the CC program effectively. So we have a built-in "watch dog system" by way of enforcing the standards.
Beyond the Constitution, there are three federal statutes which specifically prohibit the federal government from interfering with states' education curricula:
1) the General Education Provisions Act (20 USC § 1232a)
2) the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 (20 USC 7907(a))
3) the Department of Education Organization Act (20 USC § 3403(b))
2) In violation of Article X--Section ONE, of the Constitution of the State of Hawaii: "There shall be no discrimination in public educational institutions because of race, religion, sex or ancestry.
Pono Choices--the sex/health education program in our public schools, which is aligned with Common Core, is in blatant violation of this provision. It specifies in it's Teacher Resource Handbook:
"Target Audience
"The target population are Hawaiians, Part Hawaiians, Asian/Pacific Islanders ages 11 through 13 in secondary or intermediate schools."
3) In Violation of Hawaii State Constitution, Article I, Section 6 of the Hawaii State Constitution
RIGHT TO PRIVACY
"The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right." [Add Const Con 1978 and election Nov 7, 1978]
One of the many disturbing aspects of Common Core is "data mining" of students; grades pre-K through 12. Teachers collect personal information from students as a matter of policy, through tests and observations and monitoring systems, regarding the disposition, attitude, and behavior of each student (and their families.) This information follows the student throughout his or her lifetime. This information is stored, kept secret and sold to Corporations. Parents do not have control over it.
These are children--minors--naive and vulnerable; making this constitutional violation particularly malicious.
Hawaii is no exception in this mining of personal data from students. Our legislature is apparently out of compliance with taking affirmative steps to implement this right to privacy.
4) In Violation of Article VII, Section 4 of the Hawaii state Constitution
APPROPRIATIONS FOR PRIVATE PURPOSES PROHIBITED
"No tax shall be levied or appropriation of public money or property, nor shall the public credit be used, directly or indirectly, except for the public purpose. No grant shall be made in violation of Section 4 of Article I of this constitution."
The current administration intends to bring in "third-party" educators into our public schools (and pre-schools) through public private partnerships. This intention has been mentioned in his personal testimonies to the legislature numerous times.
As one example, the Governor's (Feb. 1, 2013) written testimony [Pdf] referring his early-learning initiatives (EOEL) and to HB 853, that calls for a Constitutional amendment that would allow public funding to private schools. Here is an excerpt from that testimony; The governor writes:
- "Because we envision the delivery of Program services through partnerships with the private programs, which have been the mainstay providers for our families and indicate available capacity, and because of explicit educational goals and standards, I have proposed an amendment to Article X, Section 1, of the Hawaii State Constitution, under the advice of the Attorney General, to allow EOEL to contract with private early childhood education programs. If approved by the Legislature, the Constitutional amendment would appear on the 2014 election ballot to be ratified by voters."--Governor Neil Abercrombie
5) In violation of Article V, Section 1--The Executive:
"The Governor shall not hold any other office or employment of profit under the State or United States during the governors term of office."
This provision prevents a governor from developing a conflict of interest with his electorate. Proverbially speaking, "No servant can serve two masters." [Luke 16:13]
However, our governor is a member of The National Governors Association Center for Best Practices or NGA. This is a consortium of state governors and lobbyists for influential corporations; often described as a trade association.
The NGA shares the copyrights for Common Core standards with the Council of Chief State School Officers (CCSSO)--a non-profit entity financed by Bill Gates. So clearly, in this mix, somebody is profiting...or expects to.
The NGA and CCSSO control the Common Core standards entirely, and consequently the curriculum which satisfy those standards. Steeped in controversy, CC standards and associated curricula stand to be in great conflict with the interests of the electorate in the State of Hawaii; while the interests of the NGA lobbyists are being served.
6) the sixth is not so much a violation, but a 'slaughtering' of Our Constitutions--state and federal.
We have been led to believe that CCSS originates with the National Governors Association Center for Best Practices. This is not altogether accurate. It would be more accurate to say that Common Core is the United States version of the United Nations Education for Sustainable Development, ESD. This is UNESCO's global education for the 21st century.
In other words, we are teaching our kids, through Common Core, the principals embedded in the Soviet Constitution and NOT those of The Constitution of The United States of America.
The problem is eloquently summed up by Abraham Lincoln:
"The philosophy in the classroom of this generation will be the philosophy of government in the next"
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* From the Soviet Constitution of 1977:
"Article 25. In the USSR there is a uniform system of public education, which is being constantly improved, that provides general education and vocational training for citizens, serves the communist education and intellectual and physical development of the youth, and trains them for work and social activity."
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