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I stated in a comment that if one took Newark Charter and Wilmington Charter and put them back under Christina’s watch and care, they would have the highest scores in the state….

I now want to test that hypothesis to see how correct that statement was…

Here is the data we used.

Newark Charter has 2140 students.
Charter School of Wilmington has 972 students.

The entire Christina District lists 15,553.

Average Proficiency Scores for Newark Charter in ELA were 95%.. (That means 95% were tested as proficient.)

(Rats! No data) For now will have to fake Wilmington Charters’. Tack in with 99%, they’re smarter than Newark.

Christina District averaged at 39%.

So to figure the cumulative weighted theoretical for all combined, our equation would look something like this…..
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15553 (39) + 2140 (95) + 972 (99)   =   X/ (15553+2140+972) or X/18635 = Average Score

606567  +  203330  +  96228  =  906125/18635  =   48.62

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48.62 would be Christina School Districts cumulative ELA score if there were no charters to siphon of top students and the district was then tested as a whole….  How does that compare?

It would be statistically tied with 7 other schools for spot 9 ….. (courtesy of Exceptional Delaware)

Those others which would be tied with Christina would be Capital, Colonial, Seaford, Woodbridge, Milford, and Red Clay (hmmm. which would drop lower by losing Wilm Charter.).

None of which give away the bulk of their top students as does Christina….

When people (some think Dave Sokola is an alien; just ask Sigourney Weaver) scoff and say Christina is failing as a district and that these charters are there only because the public schools can’t teach a bag of beans, it would be very appropriate to remind them that 1) beans are inanimate and have no brains, and 2) it is only because Christina has to give up its top students to charters, that it scores average so low in comparison.  In other words it is doing as well as both of the other inner city districts (Red Clay and Colonial) as well as the poorer districts down south.  It is definitely not failing as a district.

This is like blaming someone for running a slow race after you cut off their leg… Sew the leg back on, and there is NO problem…

This again, is one more piece of daily mounting evidence as to why Delaware needs to remove Charter Schools from the entire state’s education system  The whole “education is failing scenario” has been a gross misrepresentation.  All they did as to just move smart people around to raise some schools scores, and lower others, that’s all.

“Let’s take those smart one and put them here… and lets leave the impoverished ones right there…”

Then,

“Holy Crayola!!! Look how bad this district is doing!!!… such low scores!!!.  We have to take it over (and put our friends in to run each school at \$160,000 a pop..)!!!”

Crime is relative. Stealing land from native Americans was not a crime. Exhorting registered Delawarean businesses to pay back interest on unclaimed property that didn’t exist, was not a crime.

So this guy walks onto a subway car with a friend and there were 4 other late night riders on board…

He pulls a gun and robs the 4 passengers between stops. Then he give the money to his friend and runs….

As his friend goes up the escalator, a cop grabs him at the top and makes an arrest. The friend says, I did nothing wrong, Sir, someone just gave it to me…..

Moral of story.

The four passengers represent students in public school.
The friend represents charter schools.
The gun belongs to the STATE….

Did a crime happen or no? Parents with students in Newark Charter, want you think no crime happened here. In the lottery of life, someone just gave them money. People in the DOE want you to think no crime happened here. Dave Sokola, Earl Jaques, and Jack Markell want you to think no crime happened here…

So how do four passengers have all their stuff unloaded off of them, and everyone says no crime occurs?

Because all crime is relative…..

Remember this.

As you view the results posted saying how Common Core has improved our teaching over the past year between the first taking and second taking of the tests…. these tests are graded on a curve…

One cannot compare one year’s test to another because the curve is set each new year to show a different result..

In plain language, this means the level of proficiency is NOT set by the number of right answers…. but is set by how your right number of answers compare to everyone else…

I have seen nothing regarding the cut scores setting remaining consistent between 2015 and 2016. Being changed by the committee overseeing them,  results in better scores (although we can see they were not set much better)…

This was predicted when we first debated Common Core and the Smarter Balanced. It has now come to pass.

Secondly.

If this overall program were working, we should have seen far greater positive results than what we did. There are political reasons as well as financial reasons for this slow improvement… (If you show too much improvement too fast, no one will invest to gain greater improvement..)

Showing one or two percentages of people doing better is not glowing results. Not after two full years of teaching to the test…

The real result is how these same children will do on the next NAEP, the nation’s report card. Overall in both Delaware and the nation, ever since Common Core was affected, those scores (which since the 80’s had always climbed), have gone down…

If you brag about increased Smarter Scores, yet your real report card score goes down, you are no better than those teachers denigrated as passing people into the next grade who failed to meet the expectation…

In conclusion, all of this is completely meaningless. The scores show us nothing for they are arbitrarily made up. The tests show us nothing because they too are made up. The grading shows us nothing because it is made up… Only the NAEP shows us anything now, because it is a test not curved which has been consistent for years… If it shows improvement then this program is indeed working; if it doesn’t, then we need to pull the plug and return to what once worked so well.

What we DO have (since these tests do not show us anything) is a big waste of money… Make that a huge waste of money…. Money that could have been spent on???

Something like an 11:1 student teacher ratio in all schools over 50% poverty levels….

So do not be persuaded by appeals that improvement is at hand.. For the data included has some rather darkening and troubling implications… The Science and Social Studies DCAS scores have dropped consistently since Common Core was invented and put into practice…

Our Delaware kids ARE becoming dumber and dumber..Our solitary focus on math and ENGLISH has eclipsed time for civics and science. Everyone knows how to understand and speak English, even if they don’t know what an indecent participle is. But science and social studies are the determiner of an ignorant society or a knowledgeable one.. Delaware is becoming more and more ignorant the more we embrace Common Core… readily seen because those two scores are not arbitrarily set on a curve; they are based on the number of right and wrong answers. More Delawareans are getting the answers wrong consistently every year since Common Core was enacted.

So let’s grade Markell’s administration….

Our English(reading) scores have gone down over his administrations (due to test change).
Our Math scores have gone down over his administration (due to test change).
Our Social Studies scores have gone down over his administration.
Our Science scores have gone down over his administration….
Our NAEP scores have gone down over his administration….

How can that be called a success?

You may remember… Only two states were accepted in the first Race to The Top Competition… Delaware..*yay* and  Tennessee.   Same agenda. Same connections to the Governor’s Association and Chiefs For Change… Same influences, etc…

Let me tell you where Tennessee is now…

In three weeks, they start their school year… yes, August 3rd.   This past year they instituted a non-renewal policy that said if you’re scores were not above standard, your contract would not be renewed… AND you would be marked as ineligible for rehire.

(Someone thought the threat of firing would cause scores to rise.)

One of their larger districts is undergoing some pain right now…

The Metro- Nashville Public School system is experiencing a teacher shortage…

• So far, 320 new teachers have been hired- 42 are TFA ( which is the maxamim limit of them which MNPS is allowed to hire)
• The average # of new teachers hired each year (based upon the last 5 years) is 574
• 19% of schools will have new principals
• Currently, MNPS needs to hire 189 new teachers before school starts in three weeks
• MNPS still needs to hire 7 principals.
• There are 74  (out of 153) schools with major teacher vacancies
• The top needs are: Exceptional Ed (22), Math (19), English Learners (10) and Spanish (9)
• Just 21 (15 working) days to the start of school.

Obviously the strict discipline enforced on teachers has made the upcoming year to be one of survival; not excellence…. Just keeping open the doors will be a challenge, heaven help the test scores of 2017…

Also keep in mind that many of those teachers whose contracts were not renewed, were once considered excellent teachers before we started using Common Core’s tests.  from the district’s website:

• Sixty-one percent of MNPS teachers hold a master’s degree or higher and 99.75 percent are highly qualified in at least one subject area

That 0.25 % not qualified matches up with the TFA candidates…..

Which proves as all have said, the folly of putting all education’s blame on teachers… Now, you have no teachers so what are you going to do?

Well the MNPS plans to contract out to a computer teaching service for its classes having no bodies in front of it… as well as wave all certification requirements for anyone willing to stand up in front of a class.

Yes.

NOW FOR THE GREAT NEWS…………………………………………………………………………..

This isn’t happening in Delaware.

Why?

Mostly because of you, who objected to insanity and would not be silenced… Though corporate money could buy out Earl Jacques, corporate money could buy out Dave Sokola, it could not buy out parents, it could not buy out teachers, and it could not tamper with the communication system set up between them…..

As a historian I am prone to look for those important moments and speculate had they gone differently, what the new outcome would be… I know that is a weakness of mine. But saying so, if one were to ask this historian where Delaware avoided the train wreak its sister is now going through, I would have to point to the pivot as being John Young of Christina’s Board of Education…

Keep in mind we are a small state.  The Metro-Nashville school district alone has 80,000 students.  That is two thirds the size of our entire state school system and they are but one district.  Therefore each citizen here has a larger percentage of a voice in their government than do almost everyone else.

We also do not have a television station all turn to for local news. There is a definite knowledge gap which most smart people have found is best adequately filled through the blogosphere.  Our blogosphere has more investigative reporters then the entire state’s news conglomeration of radio stations and newspapers combined…

As a result of all of this, here it was hard to only give “one side” of the story (though Dave Sokola certainly tried). The other story got out, sometimes too late to change legislation, but not to late to now hold those perpetrators who pushed it, accountable for the damage they have caused Delaware’s children in lost opportunities…

(Remember how our educational measurements soared, up until they hit the Common Core legislation these crooks pushed through?)

With all those kept in mind, it was John Young who pointed the direction long before anyone else publicly, that corporate schemes were behind this new “push” for improving education…  I confess, I remember glossing over Kilroy’s exclamations of Markell’s Wall Street connections with glazed eye before John passed on an illuminating tidbit on what was wrong with American education…

What struck me in that video was how on a map, it was very obvious that the diagnosis of ADHD in children starts in Oklahoma and grows exponentially as it heads to the east Coast.  Pretty much mirroring the graph for average amounts of extra disposable income after necessary expenses have been met on a state by state basis….

That and the failure Common Core was having among children who were in the test classes for it… Failures as high as 85% in those test classes, which the DOE still as yet has not divulged. These failures included some of the previous years’ top students… Something was seriously wrong.

Bottom line, Delaware did not go down the path as did Tennessee because the people exerted enough pressure here to slow the process and force the inclusion of parents, teachers, and “active” administrators in the formulation of policy….

No, we still do not have a perfect solution… we still need to fight on… But in all glaring truth, we also do not have Tennessee…..

And that, is a victory for truth, justice, and the will of the American people…. We should be proud of ourselves for what we stopped…. and we should tip our hats to John Young in congratulatory thanks for first sounding the alarm which mobilized us into action….

In a great measure due to him, we are much better than Tennessee.

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States can choose their own indicators of school quality or student success that move beyond traditional accountability measures based on test scores and graduation rates.

Regulations do not prescribe an “n-size,” or minimum number of a particular group of students at a school, for that group of students to be included for accountability purposes.

If a school is scoring at the lowest-possible level on any academic indicator, it has to get a different summative rating than a school that’s getting top marks on all the indicators.

The regulations state that, “To ensure that differentiation of schools is meaningful, the accountability system should allow for more than two possible outcomes for each school.”

For each accountability indicator, there must be three distinct levels of performance assigned to schools that are “clear and understandable to the public.”

Regulations do not dictate how states must deal with schools that assess less than 95 percent of all their students.States find the solution themselves.

States now have these four options to address an individual school’s low test-participation rates: (below 95%)

(1) assign a lower summative rating to the school;

(2) assign the lowest performance level on the State’s Academic Achievement indicator;

(3) identify the school for targeted support and improvement.

(4) switch to a different test and vendor.

States must identify schools with subgroups that, based on the state’s indicators, underperform over two or more years.

Of the weights that must be used for different accountability factors, the academic factors would have to have a “much greater” weight than the measures of school quality or student success in accountability systems.

Schools identified for “comprehensive support” can’t get that label removed on the basis of progress in that indicator, unless it is making sufficient progress on other indicators.

Each subgroup of students (like economically disadvantaged students and those in special education) must be considered separately for accountability.  (“super subgroups” or the big groups combining several different subgroups of students that proliferated under waivers from No Child Left Behind, can no longer be used in place of an individual subgroup of students.)

Schools in need of comprehensive support include: the bottom 5 percent of Title I schools in the state; high schools with graduation rates below 67 percent for all students based on the four-year adjusted cohort graduation rate; and Title I schools with chronically low-performing subgroups that have not improved after receiving additional targeted support.

Schools in need of targeted support include schools with a low-performing subgroup performing similarly to all students in the bottom 5 percent of Title I schools

The end of the “pass/fail” era of No Child Left Behind: “Proposed regulations clarify ESSA’s statutory language by ensuring the use of multiple measures of school success based on academic outcomes, student progress, and school quality, thereby reinforcing that all students deserve a high-quality and well-rounded education that will prepare them for success.”

Like every new idea, ones defenses go up… “Whoa there, buddy…. ”

Except for sports careers, it kinda does make sense….

We ask children who’ve finished learning, emotionally, psychologically, (and for the most part) biologically, to stay on-board for two years of “extra” curricular activities which when we reflect back on our years, all of which we learned academically in those two years, rarely get used today…. (sex is a different story).

Before you jump the shark, recognize this:  that if we keep the final two years optional… (by making them years to opt-in on), we also make them preferential which tends to allow discipline to be internally enforced by each student who chooses to continue onward ( ie, the reality of being kicked out is a real negative; it is no longer something to brag about)…

Here’s why. The issue I hear from High Schools today, and this involves input from students, faculty, parents and administrators, boils down to this:  that a lot of young adults in the upper grades do NOT WANT TO LEARN….  Every negative aspect stems from that single ubiquitous elephant in the room:  discipline problems, lack of personal respect, work ethic, mental alertness, focus, fights, productivity, lack of motivation, etc. …

And every time a round table discusses how to improve high school performance, someone (this is true) inevitably says:  if only we could cull those who don’t want to be there, most of our problems would go away… Sigh:  but that will never happen……………………………….”

So what I’m asking:  is…. why can’t that happen?

Rule 1:  Every child must be in school till age 18.

In society, this is a relative new rule.  When there is no solid structure supporting society adulthood entry levels move downward, usually settling around somewhere in the low teens, correlating with puberty for the most part…  Romans married off their children at 13. That was also the age of dissolving parent-child bonds in the Middle Ages on the continent of Europe.   Native Americans, both North and South, also became adults then…

Obviously there must be precedent: our own Common Core Standards stop measuring before reaching the upper grades.

So, instead of forcing people who for multiple reasons do not want to continue schooling to go against their will through the motions of being schooled, what if we provided an alternative?

For example what if we allowed them to work at something on the scale of our military, which was the template for the CCC, Civilian Conservation Corps?  Those men like the military, stayed in camps, had discipline structure,  meals and lodging provided, and worked hard (physical labor) for a dollar a day…  When they were ready to leave, they had a nest egg on which to begin. Today, we should do \$20 a day.

Yes. It would take planning to iron out details.. We would need input from a variety of societal perspectives to discover just the right mix.

But, a 16 year old could be given the option, based on his past feeling over his 11 years (counting kindergarten) of public schooling, to decide whether or not they wanted to start work, or go to college… Their growing brain would continue learning, just not stuff that was irrelevant to them…

And if someone ever made the wrong choice by staying in classes inappropriate for them, and became consistently disruptive or violent, there would be a ready option available outside of public schooling into which we quickly place them.

After all for our first 200 years, most of America’s success was built on the backs of Americans who did not finish high school…

This solution would solve or at least dilute many of high school’s problems.

• Disruptive Classes
• Fewer Discipline events
• Poor Work Ethic
• Disrespect for Authority
• Low test scores (that are meaningless to those who care not.)

And there is a model. In a corporation when one has a division of ones company that is not adding to the bottom line but taking from it, one sells it off.  As soon as the transaction occurs, ones results improve…

Why not use that same model in high school and make grades 11 and 12 elective? By simply having an alternative, most students will choose to continue to opt-in, willingly continuing their free public education because is serves in their best long-term interests to do so…

Once they’ve gained this realization, their whole attitude changes….

Because the entire problem with High Schools today is that we force them to deal with people who DON’T want to be there (like prisons)…  And I don’t know about you, but my High School was not like that. That type of element was just not around.

I’m proposing we make this happen in our schools …

Amazingly, there still continues to be some confusion, as I’m sure back during the Reconstruction Era when white supremacists first insisted that black voters take some type of “smarts” test before entering the voting booth, there was confusion among many Afro Americans at that time who thought having tests of knowledge was indeed a good idea…

History proved who was right; and who were wrong.  When you give someone trying to keep your race down, the tools to do so, they will use them and your race will be kept down.

That is why it is hard for many of us in educational circles to understand how any Afro-American can be in favor of using the Smarter Balanced Assessment to grade their child…

Because unlike 1890 when literacy tests were begun, today all have information on what these tests are…

Let me show you a picture of racism in 2016….

This is Delaware’s official ELA target.  (Click image to enlarge.)

Whites have to grow from 61.5 to 80.8… a total of 19.3 points….

Asians have to grow from 77.1 to 88.5…..a total of 11.4 points…..

Blacks have to grow from  35.8 to 67.9….a total of  32.1 points…..

Hispanics have to grow from 39.0 to 69.5… a total of 30.5 points…..

Low incomes have to grow from 34.2 to 67.1…. a total of 32.9 points…

Disabilities…. have to grow from 19.3 to 59.6…. a total of 40.3 points…

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Pure racism. Fully endorsed by the KKK…. Hear them now?   “YEAH!!!!  That’s what we’re talkin’ about…..”

(Don’t blame me; I’m not even the messenger…This is from the DOE website…)

This is Delaware’s target.  (Click image to enlarge.)

Whites have to grow from 49.2 to 74.6… a total of 25.4 points….

Asians have to grow from 70.7 to 85.4…..a total of 14.7 points…..

Blacks have to grow from 22.0 to 61.0….a total of  39.0 points…..

Hispanics have to grow from 28.6 to 64.3… a total of 38.7 points…..

Low incomes have to grow from 23.8 to 61.9…. a total of 38.1 points…

Disabilities…. have to grow from 15.0 to 57.5…. a total of 42.5 points.

Can anyone tell me how this is any different than guessing the number of jelly beans in a jar?  Whites have to show a 51.6% improvement… Blacks have to show a 177% improvement… Might as well label blacks as disabled: 283%

What is being said here, disguised as an attempt to elevate blacksscores, is that they have to jump through a different hoop than the rest of us… why?  Skin color, of course…..

No ifs. No buts. No ands…

There are proven ways to raise the results of our lowest scoring children. Corporate types flat out do not want the right answer proven to be effective over and over and over again..  I have covered it so many times, it is pointless to do it again. But for now, rest assured.  This way, shown above?….  Leads us nowhere…..

Except to make the KKK very happy….. 🙂   Can you hear them?

“Hooray, Hooray,  Blacks will be second class citizens again.. Whoopee!  Toast!  Celebrate!  Yeah, Greg Lavelle* and all the other supporters of the Smarter Balanced Assessment!!!  Hip, Hip, Hooray!”

Granted.  Most of us are not legal eagles.  In fact we are kind of scared of the law… We live our entire lives free of legal notice and suddenly one day, out of nowhere, BAM, we get one…

Our fear: “Oh my goodness, I’m going to be bankrupt”.. We then quickly undo what we did and hope that maybe they will forget and follow up with anything else.”

And that is what they hope we will do….

But.  That is not the law.  For there are entities who both file and receive copyright violations all the time… Sony, Disney, Samsung, Apple, Google for example.  Where would today’s society be without any of those?

The protections the law put in place for them… are also there for you… it is just that you don’t have 150 lawyers working for you and they do…

If you are reading this, it is probably because Pearson used Twitter or Blogspot to force you to remove some of their test questions (or links to them) which you (in shock over what they revealed) bravely determined needed to be exposed and announced, so that normal and proper societal actions could be taken to rectify the damage these items were doing to the brains of children….

So let us first explain how DMCA works and then you will see how it works backwards as well to your advantage….

Imagine you took a picture of yourself and your old college friends acting silly and perhaps a little lewd in some bar….   Now imagine you are later googling images related to your name and see on some commercial site, that same picture was used to represent something totally unrelated to you…  Your first fear is that Snoopy in Human Relations will flag it to your superior.  So you want it quietly gone…. and you can, under the DMCA. You file a DMCA with the ISP …  In it you provide your personal details,  the details of the Internet location of the offending product, and the reason why the image should be taken down (unauthorized use), and then demand it be removed.  Now…. most likely you didn’t copyright or register that photo as being yours. Doing so takes considerable time and money and who does that to facebook photos? So the end, you may lose.  But, because ISP’s get millions of requests per day, they take them down immediately with no concern over right and wrong. It automatically comes down. (Not sure, but at the speed at which they do, it must be done without human involvement or oversight)…

Immediately it is blocked from being seen.  If the party posting it ever notices it is missing, they can file a DMCA Counter Notice. At this point, they don’t even know “who” you represent as the person requiring them to take it down… All they know you as, is that “cease and desist”person. Furthermore, if they contest it, they must blindly provide all their personal information to you in good faith, and they never get to know who filed the complaint, unless they ultimately pursue expensive legal action…

This makes it easy to manipulate. If you have an “enemy” at your job site (who maybe once asked you out and you refused, and then became your troll),  and you post something that is flattering to you, he or she can file a DMCA for no reason, making it immediately go away for a minimum of 10 days and force you to counter and go through the human chain to get it restored. This flawed system is unequally balanced and currently is tilted to allow anyone to use a bullying tactic of forcing immediate take-downs of anything one doesn’t want the public to see… rightly or wrongly.

At the time of the law’s inception, this was originally deemed a good thing.  At that time this immediate course of action was seen as the better alternative over allowing copyright infringement to continue indefinitely until a case was resolved in court…. So for now, the burden of proof fully rests on the defendant of a takedown request to prove he is allowed to show the item.

Ok. You got a notice. So what do you do?  Well if you are Samsung, and it’s Apple who files a takedown of all mention of your newly rolled-out product, … you file a counter notice…

That same privilege extends to you against Pearson.

Copyright owners sometimes send bogus takedown notices that have no basis in law or fact, which are meant solely to intimidate the target. A prompt counter-notice can make these empty threats go away for good.

Here is how you do it:

First, make a backup copy of all the material that you will have to delete. You may need this when you want to restore your web page. Then remove the material in question from your web page. You may substitute a brief note informing potential page viewers that a DMCA attack has been filed against your web page and the material has been temporarily deleted for 10 business days while you contest the DMCA charge via a “Counter Notification Letter”.

Secondly, you should file a counter takedown letter. Provided in the initial takedown will be information on how to contact the ISP, (in our case either Twitter or Blogspot.)

Here is the standard form-letter used by corporate America in their dealings with each other. Customize it to fit your situation…..

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Dear Internet Service Provider:

This letter is written in response to your notification to me of a complaint received about my web page(s). The pages in question are:

(insert list of URLs here)

My response to this complaint is as follows: (include all that apply from list below)

Allegations of Copyright Violation / Digital Millennium Copyright Act

The claims of copyright violation should be rejected because:.

*The material in question is not copyrighted, or the copyright has expired. It is therefore in the public domain and may be reproduced by anyone.

*The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

*The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner’s rights.

*Provide a complaint in written form. [17 USC 512(c)(3)(A)]

*Include a physical or electronic signature of the complainant. [17 USC 512(c)(3)(A)(i)]

*Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]

*Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]

*Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512(c)(3)(A)(iv)]

*Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512(c)(3)(A)(v)]

*Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512(c)(3)(A)(vi)]
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This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

My name, address, and telephone number are as follows:

(address here)

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which you, the ISP, may be found).

I agree to accept service of process from the complainant.

My actual or electronic signature follows:

(electronic or actual signature here)

Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.

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As soon as the service provider receives your letter…. it notifies the complainant and awaits their response.

The downside is that as part of the “Counter Notification Letter” you  DO have to state that you will accept a lawsuit from the “Cease and Desist” people.

(Before you send a counter-notice, you should consider carefully whether you are in fact infringing the complaining party’s copyright. There are two reasons for you to consider this carefully. First, the counter-notice requires you to state, under penalty of perjury, that you have a good faith belief that your material was wrongly removed. You do not want to make this claim lightly because it might come back to haunt you. Second, if the complaining party has a good infringement claim, sending a counter-notice may trigger a lawsuit. If you are not prepared to stand up for your use of the copyright owner’s work in a lawsuit, you should think twice about firing back a counter-notice.)

Initially this sounds frightening but it actually works in your favor. For if you were actually infringing on the original “Cease and Desist” people, they could and would have legitimately already filed a lawsuit against you without using the DMCA – thus this requirement on the “Counter Notification Letter” does not open you up to anything that you weren’t already liable for. To pursue, the original “Cease and Desist” people must file a lawsuit IN YOUR DISTRICT COURT if they want to continue. Frequently this would involve travel and legal expenses on their part. If they do not file a lawsuit (most likely outcome), your web host will restore your web page on the tenth day and you are back in business again.

If they do sue, and what you are exposing IS important for society to know… there are some other tricks you can use to keep the material up, tricks which can be loosely defined as making multiple copies and spreading them all over the Internet.  Unless there is a specific instruction stopping you, there is nothing to prevent you from creating another web page that has essentially the same information. If the original page had illustrations, alter them slightly (use any photo editor, add arrows, captions, etc.) so they are “different”. Give the illustrations, and the page a new name (URL identifications), etc. Then put the new page up. If there were links to your old page, include both the link to the old page and your new page in these prior links. If nothing else, this will get your new page into Google’s indexes.

You could even open a new website using the “Free” website offers that are available from many web hosts. Just use the old material on your new free website. Be sure to include a link from somewhere in your old website to “Another example of <whatever> can be found at <your new free website>”. This link will be all that Google needs to get your new website into Google’s index. The object of course, is that you want people to be able to see what you are criticizing. The “Cease and Desist” people will eventually find out about the new website and may repeat the DMCA attack. However they will be spending more effort than you are, and will eventually be forced to give up.

Finally, bring up your problem in an online talk group – e.g. one of the Google Groups. If you are having a problem with the “Cease and Desist” people, the chances are there will be a lot of other people that aren’t happy about them either. Start a “thread” about your problem, and you will probably hear from a lot of people that would like to help. This might well included people outside the U.S. who are not subject to DMCA attacks.

As bloggers (still a new concept legally) you do have some protections. Already it is standard that short quotations will usually be fair use, not copyright infringement. The Copyright Act says that “fair use…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”  This seems to cover the expose of test questions if done for the public good, but not if stolen by a competitor, which would be theft. It will eventually rise to some court to ultimately decide on who has the upper hand here, the citizens of this country, or an LLC whose headquarters are in England.

As long as you don’t intend on making money or having people substitute your questions for the ones on the test (laughable in this case), you maintain a great chance of never being sued.  Furthermore and the lawyers of Pearson know this, if in your expose`, you either mocked or parodied the questions, even criticizing them so effectively that no one wanted to by them, THAT STILL DOES NOT  count for having “an effect on the market” under copyright law…..

Furthermore, you are free to report the facts and ideas embodied in another person’s article or web page or test. Copyright only protects “the expression” — the “combination of words and structure” that expresses the factual information — not the facts themselves. By changing a few words around so it is not an exact duplicate, you become even further protected and insulated against court action.

Furthermore,  if  you can establish harm occurred to you in any way by a takedown notice (LLC’s use this all the time) you can use the DMCA’s section 512(f) to sue back.“Any person who knowingly materially misrepresents under this section (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”

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So, see, the law IS not one sided, that is, as long as you pursue and engage in the process… Usually DMCA takedowns only involve one or two steps….

1. Either the person receiving the takedown does not contest and removes the offending content as requested….
2. Of, a counter notice is filed and after 10 days, the material can be reposted….

It rarely goes beyond…

For if Pearson were to file an injunction after you responded, there is nothing to stop you from opening a new website and reposting the material.  If they went after that, it would cost them double, and if it happened again, it would triple the expense they must undergo.  It is called putting money down a rabbit hole.

Why then are counter notices not more frequently done?

Most infringers (as well as most legitimate users) aren’t invested enough in their uploads to invest the energy to learn how to file a counter-notice or take the legal risk in filing one.

Furthermore most people who are subject to a DMCA takedown are unaware of the opportunity to file a counter-notice and many on-line hosts do a very poor job of explaining the process.

It is to this last point, that I address this post.  For the more you know about take-downs, the less you have to fear….

In this case, since we are dealing with the brains of little children and not with something we popped up on our website without thinking, it would be advantageous for everyone who reads this, to send their server a letter (feel free to copy from the above- it’s fair use) and hit Pearson back with as many counter notices as they sent notices…

The law is actually on your side, not their’s; as experts in the law, they know it.  They are just hoping you don’t…. and never find out……

But, there is one more reason, WHY everyone here who was ordered by Pearson to cease and desist, should file a counter notification…..

To bar repeat offenders, the DMCA law requires ISP providers to keep track of how many takedowns you get. Responding with a counter, puts you back to zero.  Right now, everyone who received a takedown notice has a “strike” against them. If you file a counter, that strike goes away… If you don’t, it stays…. you only get three and then you do get kicked off the internet. In today’s world, that is serious.

So before you forget. respond to your ISP and say the take down was done in error. You had fair use of the material.

Here are her educational proposals (in case you did not know).

A. Remold the entire American system for human resources development…scaling up the whole new human resources system nationwide over the next four years, using the (renamed) apprenticeship ideas as the entering wedge.

B. Create a seamless web of opportunities, to develop one’s skills that literally extends from cradle to grave.

C. It needs to be a system driven by client needs,  (Clients?)  guided by client’s clear standards and regulated on the basis of outcomes that providers produce for their clients.

D. Proposed Methods To Accomplish These Goals.

1) scaling up the whole new human resources system nationwide over the next four years, using the (renamed) apprenticeship ideas as the entering wedge.

2) combine initiatives on dislocated workers, a rebuilt employment service and a new system of labor market boards to offer the Clinton administration’s employment security program.

3) concentrate on the overwhelming problems of our inner cities, combining elements of the first and second packages into a special program to greatly raise the work-related skills of the people trapped in the core of our great cities.

4) advance the elementary and secondary reform agenda.

E.  Clear national standards of performance in general education and public schools are expected to bring all but the most severely handicapped up to that standard. Students get a certificate when they meet this standard, allowing them to go on to the next stage of their education.

F.  We have a national system of education in which curriculum, pedagogy, examinations, and teacher education and licensure systems are all linked to the national standards.

G.  We have a system that rewards students who only meet the national standard, with further education and good jobs, providing them a strong incentive to work hard in school.

H.   Our public school systems are reorganized to free up school professionals to make the key decisions. Most of the federal, state, district and union rules and regulations that now restrict school professionals’ ability to make these decisions, are swept away.

I.  There is a real — aggressive — program of public choice in our schools, rather than the flaccid version that is widespread now.

J.  All students are guaranteed that they will have a fair shot at reaching the standards: that is, that whether they make it or not depends only on the effort they are willing to make, and nothing else.

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Ok… here is my comment… Words can be used or misused.  If these ideas sound great to you, understand that all the measured results hinge on Item J above.

The current Smarter Balanced and PAARC through leaks made by students and teachers everywhere have been conclusively shown to be unfair to minorities, disabled, English language learners, the impoverished, or people who deeply believe in religion. All are put to a disadvantage compared to those who receive excessive stimulation from the cradle to kindergarten at home… To the difference of entering kindergarten with a 10,000 word vocabulary advantage…

The  biggest problem with Common Core, Race To The Top, the lowered NEAP scores, the drop in Smarter Balanced Scores over the previous DCAS, the pinning of teachers performance to the test, and school closures, etc.,…. is that the test is flawed… It is designed NOT to be fair, but the exact opposite… IT IS DESIGNED TO BE VERY UNFAIR AND SEPARATE THE WHEAT FROM THE CHAFF VERY EARLY ON……(“By 2nd grade we will know who and who is not, going to college” –Arne Duncun.)

If you are black; you will be 2nd class no matter how hard you work (no more black brain surgeons); if you are Hispanic and have parents who speak Spanish, no matter how hard you work, you will be 2nd class (no more conservative Hispanic immigrants running for Republican President); if you are disabled, sorry, automatically 2nd class; if you are gay or transgender, again sorry, you will be fixed to remain in the 2nd class; if you hail from fundamentalist religions, forget it, you will persecuted and designated 2nd class.  Bottom line: if you think differently from how an executive thinks,  your test guesses will not be correct, and you will never be given the opportunity to try your hand at making a decent living. Because:  “We” have already decided what you can or cannot be…

Now rereading that last paragraph, I know it could possibly sound to those who’ve not read previous in-depth test critiques,…. perhaps, a little overblown? Or stretching the fear envelope a little?

My simple answer is for you to take the test (click the blue colored link), find your child’s grade level and take the test yourself… (the answers are also there so you can check your results; if you disagree with the answers (you will), you can also see the reasoning (or lack of it) as to why they chose their answer…

If you don’t come away from that experience thinking this test is nothing but arbitrary in its questions and responses, then you too have great executive potential in this upcoming brave new world created in alignment with corporate values done without any input from teachers, parents, students, or school districts….

Boils down to this:  it’s the test, stupid… It’s all about the test…It is only about the test… Change the test and some of these ideas are not bad… Keep the test and they will doom the next generation of Americans to the complacency of just being adequate at best, or chaos at worst…

In the meantime, I’d recommend all educationally concerned parents to vote for someone other than Hillary.  Not for any personal reasons or for support to other candidates.  Just that her ideas for education are bad for the nation’s future.. That’s all.  If you reading this have any pull with her, get her to change her views, will you?

Just putting it out there.  Because we are all thinking it…..

We can’t change the past.  Our focus needs to be on why Howard is receiving “special” protection as these bits and pieces of reality slip past their ability to control all aspects of their information dissemination…

In plain language, why are the police, city, and state administrations proceeding in rather odd peculiar ways to each of these developments?

Our schools are not safe.

We don’t care if the rich have to pay more taxes.. We need it done… They can lose a teeny tiny bit of their future income so that real human beings don’t have to lose a son or daughter they send off one day to a public school…..