Parents told to pay to see school curriculum

A message from Geraldine ‘Tincy’ Miller
State Board of Education District 12

 

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From the Office of the Attorney General…

Parents told to pay
to see school curriculum

Controversy over Texas program that described
Tea Party as terror escalates

A controversial school curriculum management system in Texas that once included a description of the Boston Tea Party as terror, and has referenced Islamic terrorists as freedom fighters, now has been found to be trying to charge parents hundreds of dollars to see the instructional materials being used by their own children, officials said.

However, under Texas Education Code Chapter 26, all parents have the undisputed right to see any and all instructional materials used in state classrooms.

The program is CSCOPE, and Amy Zimmerman, a mother in the Collinsville Independent School District, asked to see the 7th grade CSCOPE science lessons used between September 2012 and May 2013, citing her “parental right” under state law.
However, instead of the materials, what she got was a letter from an attorney for the district requiring the payment of $770 so see the materials.

Gerry Miller, an attorney with expertise in education law, said that doesn’t appear to align with the law.

“Suffice it to say the statute is mandatory because of the use of the word ‘shall,’ it is therefore incumbent on the school to comply with the parent’s request. No provision is made for payment by a parent as a ‘condition precedent’ to obtaining the teaching material,” Miller said.

“If a school district demands fees, especially exorbitant fees, to review teaching material, such action has the effect of invalidating the statute’s intent,” he said. “I would fully expect a judge to apply the statute as written and order the school to provide the information without charge.”

Miller also explained an added complication would be that property taxes have been used to support CSCOPE, which has faced heavy criticism by parents, teachers and legislators, culminating in hearings that revealed serious academic deficiencies in the areas of math, science and English, as well as what many critics believe is an agenda-driven bias in social studies content that promotes a negative view of America.

WND has reported on lessons claiming the Boston Tea Party was a terrorist act, and lessons requiring students to design flags for a new communist country.

Teachers also have told WND:

  • Lessons are not matched to grade level; a ninth-grade lesson asks students to circle capital letters in a sentence.
  • One social studies lesson teaches that capitalism is obsolete and communism is the best economic system, using a diagram that shows a man climbing a ladder towards communism.
  • A third-grade lesson defines American “equality” as “fair share.” Competing definitions that include “equality under the law” or “equal opportunity” are not discussed.
  • Muhammad is portrayed as a social justice crusader. There is no mention of his marriage to a young girl or his beheading of indigenous population groups.
  • Political parties are taught from what critics claim is a subjective and left-leaning perspective, e.g. Democrats “benefit each individual” while Republicans “favor big business.”
WND has also recently acquired lessons covering the U.S. Constitution and the Bill of Rights, teaching students that “medicine” and “food” are “rights,” and not a matter of personal responsibility.

Students who do not answer that “medicine” and “food” are “rights” have their answers marked as incorrect, sources report.

Other controversial lesson content includes a science lesson that instructs students to set things on fire in the middle of class and also lessons that promote anorexia and mercy death, according to Mary Bowen, a curriculum expert and teacher of 30 years who corresponds with WND.

CSCOPE also has come under fire for its secrecy and lack of transparency, forcing teachers and districts to sign “user agreements” – what whistleblowers say amount to “gag orders.” Teachers are exposed to legal liability if they share lesson content or other class materials with the general public, and threats of termination have been reported by teachers who attempt to engage parents about controversial CSCOPE content.

One result of legislative hearings was the suggestion for changes in user agreements, but sources have told WND that existing users are not included in any changes; they are only for new groups who want to sign up.

A CSCOPE program advising on the privacy requirements for the content notes users are required to not allow “unauthorized users to have online access … or gain permanent possession of … content.”

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Attorney General Abbott Sends Letter to TESCCC
Regarding Disclosure of CSCOPE Materials
May 6, 2013

Ms. Anne Poplin
Chair, Texas Education Service Center Curriculum Collaborative (TESCCC) Governing Board • 301 Loop 11 • Wichita Falls, Texas 76306

Dear Ms. Poplin:

It has come to our attention that school districts may be denying Texas parents access to CSCOPE curriculum and materials in violation of the Texas Education Code. Specifically, it has been alleged that school districts are improperly attempting to charge parents hundreds of dollars in order to access CSCOPE-related information that must be provided to them under Texas law.

As you know, Section 26.006(a) of the Texas Education Code provides that parents are “entitled to review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent’s child.” The Education Code also provides that school districts “shall make teaching materials and tests readily available for review by parents.” Further, Texas law specifically states that “A student’s parent is entitled to request that the school district…allow the student to take home any instructional materials used by the student.”

Notwithstanding the fact that Texas law clearly requires school districts to make educational materials accessible to parents, it is our understanding that school districts have recently attempted to charge hundreds of dollars for information related to the CSCOPE curriculum. To the extent parents are being charged a fee in order to access CSCOPE-related information, such a fee is not authorized by the Education Code.

In light of these concerns, we request that the TESCCC promptly notify school districts that information related to CSCOPE must be provided to parents in accordance with Chapter 26 of the Texas Education Code, which does not authorize the imposition of a fee. With summer fast approaching, it is imperative that the TESCCC distribute the notification requested herein immediately so that parents are assured access to CSCOPE-related information before the end of the school year. Finally, be advised that failure to comply with the Education Code’s disclosure requirements could result in legal action against school districts.

Sincerely,

Greg Abbott
Attorney General of Texas

cc: The Honorable Dan Patrick
Chairman, Texas Senate Committee on Education

Most timely and instructive content…
Respectfully,

TINCY MILLER
SBOE, Dist. 12

PLEASE CALL IN SUPPORT OF CSCOPE BILLS:

A message from Geraldine ‘Tincy’ Miller
State Board of Education District 12
Stay up-to-date on the
latest information
at TincyMiller.com____________________________          

____________________________

MONTHLY NEWSLETTERS:

MARCH 2013

APRIL 2013
____________________________

VIDEOS:

Tincy Miller speaks on the
PERMANENT  SCHOOL FUND

____________________________

TINCY MILLER’S BLOG

____________________________

Contact ‘Tincy’ @

GTINCE@AOL.COM
972.419.4000

PLEASE CALL IN SUPPORT OF CSCOPE BILLS:
SB 1406 • Senator Dan Patrick Houston  512-463-0107
SB 760 • Rep. Steve Toth Woodlands 512-463-0797

RESOLUTION

WHEREAS the State Board of Education values the rights the rights of parent to participate in the education of their children, including full access to the contents of lessons that are being taught pursuant to Chapter 26 of the Texas Education Code: and

WHEREAS CSCOPE is a curriculum management system that is being used by a large number of Texas school districts and includes optional instructional materials used by classroom teachers to cover the Texas Essential Knowledge and Skills: and

WHEREAS in response to a request from several legislators as a result of concerns from parents, teachers and citizens of Texas, the Chair of the State Board of Education has appointed an ad hoc committee to oversee a review process of the content of Social Studies lessons offered by  CSCOPE: and

WHEREAS the officials at CSCOPE have volunteered to participate in the Social Studies review in order to address these concerns, and

WHEREAS the State Board of Education has initiated a review process for CSCOPE that closely follows the tried and true process used for instructional materials and that allows for input from teachers, parents, administrators and concerned citizens of Texas: and

WHEREAS as a result of materials undergoing the State Board of Education’s review process, teachers, parents, administrators, citizens and local school boards may be better informed as to the quality of content being used to prepare Texas schoolchildren for life beyond graduation; now, therefore, be it

RESOLVED, That the State Board of Education supports the right of local schools boards to make informed decisions as to what instructional materials they purchase, with the State Board of Education’s transparent review process providing valuable assistance in making that decision: and be it further

RESOLVED, That the State Board of Education stands ready to respond to any directive enacted by the Texas Legislature to address any concerns with CSCOPE or any other instructional materials in an effort to preserve local control, increase parental access, afford greater transparency and improve the quality  of  instructional  materials; and  be it  further

RESOLVED, That the State Board of Education encourages CSCOPE, and any other provider of instructional materials, to participate in the SBOE review process to ensure quality materials are being used and the Texas Essential Knowledge and Skills are being taught in our classrooms; and be it further

RESOLVED, That the State Board of Education encourages the Texas Legislature to appropriate funds sufficient to cover the costs related to any voluntary review.
SBOE Members Approval:  April 19, 2013, Austin, Texas
Barbara Cargill, Chair;
Thomas Ratliff, Vice-Chair
Mavis B. Knight, Secretary
Pat Hardy, Tom Maynard, Sue Melton, Lawrence A. Allen, Jr., Geraldine “Tincy” Miller, Donna Bahorich, Marisa B. Perez,
David Bradley; Marty Rowley, Martha M. Dominguez, Ed.D.
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Authored by: Senator Dan Patrick
Bill Number: TX83RSB • April 15, 2013
A BILL TO BE ENTITLED AN ACT
relating to State Board of Education oversight of regional relating to State Board of Education oversight of regional management systems.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION 1.  Subchapter B, Chapter 8, Education Code, is amended by adding Section 8.0531 to read as follows:Sec. 8.0531.  INSTRUCTIONAL MATERIALS DEVELOPED BY A COLLABORATION OF REGIONAL EDUCATION SERVICE CENTERS.
Notwithstanding any other provision of this subchapter or Section 8.001(c), instructional lessons developed as part of a curriculum management system by a regional education service center, acting alone or in collaboration with one or more other regional education service centers, shall be subject to the same review and adoption process as outlined in Section 31.022.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.
________________________________________________________
Authored by: Representative Steve Toth
H.B. No. 760
A BILL TO BE ENTITLED AN ACT
relating to State Board of Education oversight of regional education service center services and products concerning student curriculum.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION 1: Subchapter B, Chapter 8, Education Code, is amended by adding Section 8.0531 to read as follows:Sec. 8.0531 STATE BOARD OF EDUCATION OVERSIGHT OF CURRICULUM-RELATED SERVICES AND PRODUCTS. (a) Notwithstanding any other provision of this subchapter of Section 8.001 (c), the State Board of Education shall maintain oversight and direction of the activities of regional education service center, acting alone in collaboration with one of more other regional education service centers, concerning any service or product related to student curriculum. (b) A regional education service center, either alone or in collaboration with one or more other regional education service centers, may not develop, administer, or provide or authorize the development, administration, or provision by a public or private entity of a service or product related to student curriculum without State Board of Education approval, including approval of the form and content of the service or product, regardless of whether the service or product is provided online, in print, or in person.

A most timely Resolution and Bills…
Respectfully,

TINCY MILLER
SBOE, Dist. 12