Surprise! SBAC and CRESST stonewall public records request for their financial records

Say what you will about Achieve, PARCC, Fordham, CCSSO, and NGA— some of the organizations responsible for promoting the Common Core Initiative on us all. But, their financial records are publicly available.

Not so for some other organizations responsible for the same Common Core promotion. The Smarter Balanced Assessment Consortium (SBAC) and the Center for Research on Educational Standards and Student Testing (CRESST) have absorbed many millions of taxpayer and foundation dollars over the years. But, their financial records have been hidden inside the vast, nebulous cocoon of the University of California – Los Angeles (UCLA). UCLA’s financial records, of course, are publicly available, but amounts there are aggregated at a level that subsumes thousands of separate, individual entities.

UCLA is a tax-supported state institution, however, and California has an open records law on the books. After some digging, I located the UCLA office responsible for records requests and wrote to them. Following is a summary of our correspondence to date:

 

July 5, 2017

Greetings:

I hope that you can help me. I have spent a considerable amount of time clicking around in search of financial reports for the Smarter Balanced Assessment Consortium (SBAC) and the National Center for Research on Evaluation, Standards, and Student Testing (CRESST), both “housed” at UCLA (or, until just recently in SBAC’s case). Even after many hours of web searching, I still have no clue as to where these data might be found.

Both organizations are largely publicly funded through federal grants. I would like to obtain revenue and expenditure detail on the order of what a citizen would expect to see in a nonprofit organization’s Form 990. I would be happy to search through a larger data base that contains relevant financial details for all of UCLA, so long as the details for SBAC and CRESST are contained within and separately labeled.

I would like annual records spanning the lifetimes of each organization: SBAC only goes back several years, but CRESST goes back to the 1980s (in its early years, it was called the Center for the Study of Evaluation).

Please tell me what I need to do next.

Thank you for your time and attention.

Best Wishes, Richard Phelps

 

July 6, 2017

RE: Acknowledgement of Public Records Request – PRR # 17-4854

Dear Mr. Phelps:

This letter is to acknowledge your request under the California Public Records Act (CPRA) dated July 5, 2017, herein enclosed. Information Practices (IP) is notifying the appropriate UCLA offices of your request and will identify, review, and release all responsive documents in accordance with relevant law and University policy.

Under the CPRA, Cal. Gov’t Code Section 6253(b), UCLA may charge for reproduction costs and/or programming services. If the cost is anticipated to be greater than $50.00 or the amount you authorized in your original request, we will contact you to confirm your continued interest in receiving the records and your agreement to pay the charges. Payment is due prior to the release of the records.

As required under Cal. Gov’t Code Section 6253, UCLA will respond to your request no later than the close of business on July 14, 2017. Please note, though, that Section 6253 only requires a public agency to make a determination within 10 days as to whether or not a request is seeking records that are publicly disclosable and, if so, to provide the estimated date that the records will be made available. There is no requirement for a public agency to actually supply the records within 10 days of receiving a request, unless the requested records are readily available. Still, UCLA prides itself on always providing all publicly disclosable records in as timely a manner as possible.

Should you have any questions, please contact me at (310) 794-8741 or via email at pahill@finance.ucla.edu and reference the PRR number found above in the subject line.

Sincerely,

Paula Hill

Assistant Manager, Information Practices

 

July 14, 2017

RE: Public Records Request – PRR # 17-4854

Dear Mr. Phelps:

The purpose of this letter is to confirm that UCLA Information Practices (IP) continues to work on your public records request dated July 5, 2017. As allowed pursuant to Cal. Gov’t Code Section 6253(c), we require additional time to respond to your request, due to the following circumstance(s):

The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.

IP will respond to your request no later than the close of business on July 28, 2017 with an estimated date that responsive documents will be made available.

Should you have any questions, please contact me at (310) 794-8741 or via email at pahill@finance.ucla.edu and reference the PRR number found above in the subject line.

Sincerely,

Paula Hill

Assistant Manager, Information Practices

 

July 28, 2017

Dear Mr. Phelps,

Please know UCLA Information Practices continues to work on your public records request, attached for your reference. I will provide a further response regarding your request no later than August 18, 2017.

Should you have any questions, please contact me at (310) 794-8741 or via email and reference the PRR number found above in the subject line.

Kind regards,

Paula Hill

Assistant Manager

UCLA Information Practices

 

July 29, 2017

Thank you. RP

 

August 18, 2017

Re: Public Records Request – PRR # 17-4854

Dear Mr. Richard Phelps:

UCLA Information Practices (IP) continues to work on your public records request dated July 5, 2017. As required under Cal. Gov’t Code Section 6253, and as noted in our email communication with you on July 28, 2017, we are now able to provide you with the estimated date that responsive documents will be made available to you, which is September 29, 2017.

As the records are still being compiled and/or reviewed, we are not able at this time to provide you with any potential costs, so that information will be furnished in a subsequent communication as soon as it is known.

Should you have any questions, please contact me at (310) 794-8741 or via email at pahill@finance.ucla.edu and reference the PRR number found above in the subject line.

Sincerely,

Paula Hill

Assistant Manager, Information Practices

 

September 29, 2017

Dear Mr. Richard Phelps,

Unfortunately, we must revise the estimated availability date regarding your attached request as the requisite review has not yet been completed. We expect to provide a complete response by November 30, 2017. We apologize for the delay.

Should you have any questions, please contact our office at (310) 794-8741 or via email, and reference the PRR number found above in the subject line.

Best regards,

UCLA Information Practices

 

September 29, 2017

I believe that if you are leaving it up to CRESST and SBAC to voluntarily provide the information, they will not be ready Nov. 30 either. RP

Cognitive Science and the Common Core

New in the Nonpartisan Education Review:

Cognitive Science and the Common Core Mathematics Standards

by Eric A. Nelson

Abstract

Between 1995 and 2010, most U.S. states adopted K–12 math standards which discouraged memorization of math facts and procedures.  Since 2010, most states have revised standards to align with the K–12 Common Core Mathematics Standards (CCMS).  The CCMS do not ask students to memorize facts and procedures for some key topics and delay work with memorized fundamentals in others.

Recent research in cognitive science has found that the brain has only minimal ability to reason with knowledge that has not previously been well-memorized.  This science predicts that students taught under math standards that discouraged initial memorization for math topics will have significant difficulty solving numeric problems in mathematics, science, and engineering.  As one test of this prediction, in a recent OECD assessment of numeracy skills among 22 developed-world nations, U.S. 16–24 year olds ranked dead last.  Discussion will include steps that can be taken to align K–12 state standards with practices supported by cognitive research.

Close all USED-funded research centers: Evaluation of existing regulations: My two bits

My comments below in response to the USED request for comments on existing USED regulations. To submit your own, follow the instructions at:  https://www.regulations.gov/document?D=ED-2017-OS-0074-0001

MEMORANDUM
To:  Hilary Malawer, Assistant General Counsel, Office of the General Counsel, U.S. Department of Education
From:  Richard P. Phelps
Date:  July 8, 2017
Re:  Evaluation of Existing Regulations[1]

Greetings:

I encourage the US Education Department to eliminate from any current and future funding education research centers. Ostensibly, federally funded education research centers fill a “need” for more research to guide public policy on important topics. But, the research centers are almost entirely unregulated, so they can do whatever they please. And, what they please is too often the promotion of their own careers and the suppression or denigration of competing ideas and evidence.

Federal funding of education research centers concentrates far too much power in too few hands. And, that power is nearly unassailable. One USED funded research center, the National Center for Research on Evaluation, Standards, and Student Testing (CRESST) blatantly and repeatedly misrepresented research I had conducted while at the U.S. Government Accountability Office (GAO) in favor of their own small studies on the same topic. I was even denied attendance at public meetings where my research was misrepresented. Promises to correct the record were made, but not kept.

When I appealed to the USED project manager, he replied that he had nothing to say about “editorial” matters. In other words, a federally funded education research center can write and say anything that pleases, or benefits, the individuals inside.

Capturing a federally funded research center contract tends to boost the professional provenance of the winners stratospherically. In the case of CRESST, the principals assumed control of the National Research Council’s Board on Testing and Assessment, where they behaved typically—citing themselves and those who agree with them, and ignoring, or demonizing, the majority of the research that contradicted their work and policy recommendations.

Further, CRESST principals now seem to have undue influence on the assessment research of the international agency, the Organisation for Economic Co-operation and Development (OECD), which, as if on cue, has published studies that promote the minority of the research sympathetic to CRESST doctrine while simply ignoring even the existence of the majority of the research that is not. The rot—the deliberate suppression of the majority of the relevant research–has spread worldwide, and the USED funded it.

In summary, the behavior of the several USED funded research centers I have followed over the years meet or exceed the following thresholds identified in the President’s Executive Order 13777:

(ii) Are outdated, unnecessary, or ineffective;

(iii) Impose costs that exceed benefits;

(iv) Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;

(v) Are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility.

Below, I cite only relevant documents that I wrote myself, so as not to implicate anyone else. As the research center principals gain power, fewer and fewer of their professional compatriots are willing to disagree with them. The more power they amass, the more difficult it becomes for contrary evidence and points of view, no matter how compelling or true, to even get a hearing.

References:

Phelps, R. P. (2015, July). The Gauntlet: Think tanks and federally funded centers misrepresent and suppress other education research. New Educational Foundations, 4. http://www.newfoundations.com/NEFpubs/NEF4Announce.html

Phelps, R. P. (2014, October). Review of Synergies for Better Learning: An International Perspective on Evaluation and Assessment (OECD, 2013), Assessment in Education: Principles, Policies, & Practices. doi:10.1080/0969594X.2014.921091 http://www.tandfonline.com/doi/full/10.1080/0969594X.2014.921091#.VTKEA2aKJz1

Phelps, R. P. (2013, February 12). What Happened at the OECD? Education News.

Phelps, R. P. (2013, January 28). OECD Encourages World to Adopt Failed US Ed Programs. Education News.

Phelps, R. P. (2013). The rot spreads worldwide: The OECD – Taken in and taking sides. New Educational Foundations, 2(1). Preview: http://www.newfoundations.com/NEFpubs/NEFv2Announce.html

Phelps, R. P. (2012, June). Dismissive reviews: Academe’s Memory Hole. Academic Questions, 25(2), pp. 228–241. doi:10.1007/s12129-012-9289-4 https://www.nas.org/articles/dismissive_reviews_academes_memory_hole

Phelps, R. P. (2012). The effect of testing on student achievement, 1910–2010. International Journal of Testing, 12(1), 21–43. http://www.tandfonline.com/doi/abs/10.1080/15305058.2011.602920

Phelps, R. P. (2010, July). The source of Lake Wobegon [updated]. Nonpartisan Education Review / Articles, 1(2). http://nonpartisaneducation.org/Review/Articles/v6n3.htm

Phelps, R. P. (2000, December). High stakes: Testing for tracking, promotion, and graduation, Book review, Educational and Psychological Measurement, 60(6), 992–999. http://richardphelps.net/HighStakesReview.pdf

Phelps, R. P. (1999, April). Education establishment bias? A look at the National Research Council’s critique of test utility studies. The Industrial-Organizational Psychologist, 36(4) 37–49. https://www.siop.org/TIP/backissues/Tipapr99/4Phelps.aspx

[1] In accordance with Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” the Department of Education (Department) is seeking input on regulations that may be appropriate for repeal, replacement, or modification.