USED: King's Big Fail

It took Danny Harris's collapse to draw many people's attention. We should have been paying attention sooner.

Harris is the Chief Information Officer for the Department of Education. Prior to taking on that job in 2008, he was with the department's CFO office. He is a government lifer. And he was in front of the House Committee on Oversight and Government Reform because the US Department of Education is a big fat cyber-mess.

By late last year, in the wake of the huge security breach at Office of Personnel Management computers, Congress was checking the locks on the doors all around the federal government. And the Department of Education was spectacularly lousy. The Inspector General reported that her office found they could hack their way into USED systems with no particularly great effort. The department's data includes at least 139 million different social security numbers (so, almost half the US population), along with oversight of a trillion dollars.

Congress worked Harris like a chew toy back in November, at which time he did himself no favors by giving his department a 7 out of 10 when everyone else was giving the department F's and D's. So his recent collapse-inducing appearance in front of the House committee is the latest in a series.

The House Oversight Committee is headed by Jason Chaffetz. Chaffetz is an interesting story in his own right. The Utah Representative arrived at Brigham Young as a Jewish Democrat and left as a Mormon Republican. He earned early attention as one of the legislators who slept on a cot in his office rather than renting pricey DC digs. He's the guy who barely let the head of Planned Parenthood get a word in edgewise and ginned up the misleading cancer care vs. abortions chart. He's taken on the Secret Service, and he's also the guy who threatened to have US Marshalls hunt down Flint emergency manager Darnell Earley and drag him before Congress. And he's the guy leading the attempted interrogation of that odious pharma-troll Martin Shkreli this week. All in all, it seems safe to say that Chaffetz isn't afraid of a little tussle, though he is noted by many as a Representative who can play well bipartisanly, particularly within his committee.

All of this bode poorly for the Department of Ed in general and Danny Harris in particular when Chaffetz decided that Harris was the problem, both in terms of managerial skills and professional ethics. This last hearing was an odd mish-mosh of continued grilling about cyber-security, the ethical problems of Harris running a side business, and rigged awarding of department contracts to Harris's friend. Outside vendors are an issue for USED-- of the 184 data systems they manage, 120 are actually run by contracted vendors.

Acting Pretend Secretary of Education John King had to put in an appearance and while it has been chronicled in many press accounts, nothing captures just how painful it is to watch King fumble and stonewall. One clip that is making the rounds starts with Harris's attempt to explain that although he was the program manager, he didn't lead the project-- so he was in charge, but not in charge, when his friend landed a contract.

Then he moves on to King. Chaffetz has laid out the contract irregularities, and by this point in proceedings, Harris has admitted that he failed to properly report the income from his side business to either the department or the IRS. Chaffetz will now try to get King to say that Harris's behavior was unethical and illegal (the full video is posted below, if you think you can stand it-- this starts at about the 3:15 mark).

Chaffetz: So Mr. King, how is that not a violation of regulation, policy or the law? He admitted that he had outside income above the two hundred dollar threshold and he did not report it either to the IRS nor on the ethics form. How is that not a violation of law, regulation or policy?

King: As you know the general council's role is to review-- our chief career ethics officer, her job is to review the findings from the inspector general and to determine whether or not there has been a violation of law or regulation or policy. General counsel advised--

Chaffetz: But you're asked to review that. You're the one that's supposed to look at that. You're not just supposed to read and say "Hey, that's what they say" and you still to this day believe that Mister Harris has done nothing wrong?

King: A-As I indicated previously, general counsel may--

Chaffetz: No, I want to know what you believe. All this evidence we've thrown out there, you still believe that there is nothing he's done wrong?

King: My responsibility is to rely on the guidance--

Chaffetz: No, your responsibility is to make a judgment--

King: to review the evidence--

Chaffetz: You're hired for your judgment. You're the acting secretary--

King: And based on the recommendation of the general counsel, based on the review that was conducted Deputy Secretary Miller when these incidents first occurred, Deputy Secretary Shelton, after further review of the inspector general's report, after review of the addendum which indicated that the Department of Justice declined further action, based on all those recommendations and the recommendations of our staff, yes, I believe that the department's actions in this case have been appro--

Chaffetz: I asked you if you believed that he had done anything wrong. To this day, do you believe he's done anything wrong?

King: I believe there were significant lapses of judgment. Counsel--

Chaffetz: To your mind is that doing something wrong?

King: Those significant lapses of judgment-- I counseled him on those and they ended by 2013.

Chaffetz: Is it a violation of policy or regulation or law to have outside income and not disclose.

King: The specific determination of whether--

Chaffetz: No no no no no--

King: evidence--

Chaffetz: Mr. King. With all due respect. You're a smart guy. You're in this position for a reason. I'm asking you, is it appropriate, because everybody at the Department of Education is watching you and what you're doing and there's a reason why you're scoring near the bottom of the heap, bottom ten percent of everybody in government. Every single key metric we look at is going down and it's your leadership that's on the line. I'm asking you is it appropriate, is it a violation of law or regulation or policy to have outside income purposely not disclose it?

King: Based on the recommendation of (our) general counsel I do not believe that there was a violation of law, regulation or policy--

Chaffetz: He admitted that he didn't do it-- he admitted that he didn't do it. You don't think that's--

That's eight times that Chaffetz tries to get an answer pried out of King. On the last attempt, King gets around to trying to defend his department about the charges of sucking at cyber security. Chaffetz will try once more at least to get King to say something like, "Yes, what he did was wrong." But he will try in vain. King will steadfastly assert that the general counsel said this was fine and somebody wrote out this cool talking point that he will hold onto like life itself.

Now, I think it's worth looking at this because I don't just see a guy who is stonewalling to protect one of his career bureaucrats. King here is a guy who clearly thinks that exercising judgment is not part of his job.

That's worth noting. We've seen all along that reformsters envision a world where classroom teachers exercise no personal or professional judgment, but simply follow procedures and structures handed down from faceless authorities. But watching King here, I'm realizing that it's not just a vision of how a classroom should work, but how the whole world should work. As long as your oversight policies don't set off alarms, as long as the program says you're okay, there is no responsibility or even need to look at something and say, based on your own human experience and judgment, "This is wrong."

As long as the bureaucracy is functioning in its bureaucratic way, no actual human thought or judgment, neither moral, ethical, professional or personal-- none of it is either needed or desired. That would seem to be Chaffetz's point-- in a department where nobody wants to talk about right and wrong, it is predictable that all sorts of things would come off the rails.

It's clear that King didn't singlehandedly create this mess (Arne Duncan supposedly only met with Harris about security issues once a month). It's equally clear that King is not the man to clean it up. And it is clearest of all that the Department is a drifting ship loaded with valuable cargo that it has no idea of how to protect.

FL Testing: Crash and Burn

From the Florida Time-Union comes word that computer-based testing in Florida is not running smoothly.

Yesterday Duval Public Schools called off testing for the second time this week, and reports are coming in from around the state of students who are staring are at blank screens, just trying to get logged into the testing program. This was the first week of the testing window in Florida, and as more students were added to the load, the system appeared not quite up to the task.

Superintendent Nikolai Vitti is quoted in the article:

Unfortunately, as I expected, with the larger districts joining the testing process this morning, along with middle schools, the system imploded. Students across the district saw white, blank screens when trying to log on. Districts throughout the state are reporting the same problem. I have directed all schools to cease testing.

Meanwhile, state ed department officials are declaring the testing a success, with Education Commissioner Pam Sewart announcing that she "feels with 100 percent certainty that everything is working as it should." Vitti had a response for that:

If the commissioner believes thousands of students staring at a blank screen for 30 minutes statewide is successful, then I am afraid that we have dramatically different levels of expectations for securing a reliable and valid testing environment.

 Florida actually followed Utah out of the testing consortium, using testing materials developed for Utah's test by AIR (the same people that developed the SBA test that Utah dropped out of in the first place). Bottom line: the same people whose test is grinding to a slow crawl in Florida are the people behind the SBAC. So good luck with that.

No word yet on what effect testing gurus think the bollixed roll-out will have on test results. How focused and test-effective is a student who just waited a half hour for the next question to come up?

FWIW, we went down this road in Pennsylvania several years ago. I've always suspected that's why we're one of the few states still sticking with paper and pencil. Of course, that doesn't generate nearly as much revenue for corporations, but no matter how bad our test is, at least our students can actually take it.

Utah Does Not Love Test It Sold To Florida

A hat tip to Jeffrey S. Solochek of the Tampa Bay Times for spotting this story.

Utah has been at the forefront of Common Core adoption, and they have been at the forefront of backing the hell away from the standards as well. They backed out of the Smarter Balanced Assessment Consortium back in the summer of 2012, citing concerns about federal intrusion, and they tried hard to keep arguing for the Core. But Utah had been playing with adaptive testing since 2009, adopting a legislative requirement to develop such a shiny test in 2012.

Of course, "develop" actually means "hire somebody to develop a test,' and Utah went with AIR (American Institutes for Research). AIR has been the ugly step-sister in the Race To Make Lots of Money from Testing. In 2014 they tried to sue the PARCC folks for creating a "bidding" process that declared that you could only win the contract if your company's name started with "P" and ended with "earson," but back in 2012 they did have one big score-- they landed the contract to develop the SBAC test. So Utah dropped out of the group that had hired SBAC to write a computer-based test of The Standards so that they could hire the exact same company to write a computer-based test of The Standards.

The test was to be called the SAGE, and in its rollout it bore a striking resemblance to all the other CCSS-ish tests, particularly in the way that it showed that Utah's students were actually way dumber than anyone expected so OMGZZ we'd better get some reformy action in here right now to fix it, because failing schools!

Meanwhile, in other States That Decided Maybe Common Core Was Very Bad Politics, Florida also dumped the SBAC. In 2013, Governor Rick Scott took a break from harvesting money to decree that SBAC was out the door. But what would they do about the federally required test-of-some-sort?

So maybe Florida made a phone call. Or maybe AIR said, "Well, if you want a Common Core test with all those nasty federal overreach barnacles scraped off it, we already have such a product." And lo and behold, the state of Utah suddenly found itself about to make a cool $5.4 million by renting out the SAGE to Florida. And that, boys and girls, is one example of how we end up NOT having the cool national assessments we were promised as part of the Core, even though we simultaneously end up with the same basic test everywhere (but can never say so, because federalism and commies and Obamacore). It's the worst of all worlds! Yay.

But wait-- there's more. Even as Florida was borrowing a cup of SAGE, Utah-ians (what do we call people who live there?) were not done hating all things Core. Turns out lots of Utah-vites aren't stupid, and when you show them a test that walks and talks and quacks like a duck, and comes from the same parents as all the ducks, they do not believe you when you tell them it's an aardvark.

You can measure the desperate thrashing of Utah's educational thought leaders by this "fact sheet" about the SAGE in which they make such points as "SAGE test students' knowledge and skills, not what they believe" and "SAGE tests are not part of the Common Core but they do-- in part-- measure whether students know and understand the Core standards."

Apparently that's not enough. Benjamin Wood in the Salt Lake Tribune reports that Utah's lawmakers are not feeling the high-tech SAGE love. Rep. Justin Fawson didn't like the state board's plan to use the leasing income to beef up the test (or, in other words, take the $5.4 million and just funnel it straight back to AIR). Rep. LaVar Christensen doesn't think the SAGE data is trustworthy.

"The data comes out low and it's treated as an accurate assessment of where we are, when in reality it's inherently flawed," Christensen said. "If you're going in the wrong direction, you don't step on the gas pedal."

Additionally, SAGE has the usual problems, including a shortage of computers to plunk every student in front of, so that according to Wood, some schools start their end-of-the-year testing in, well, now. Wood quotes Senator Howard Stephenson, a lawmaker who, back in 2008, thought Utah's computer adaptive testing was the bee's knees:

"There will be legislation this year to create a task force to look at doing away with the SAGE test entirely," Stephenson said during a Public Education Appropriation Subcommittee hearing. "I think we need to be looking at the whole issue of whether we should be having end-of-level tests."

So why did I find this story in the Tampa bay Times? Because now we have the prospect of Florida buying a product from folks who don't want to use the damn thing themselves. "Try this," says the salesman, who when asked about his own use, replies, "Oh, God, no. I would never use this stuff myself. But I will totally sell it to you." Congratulations, Florida, on buying material that has been field tested in Utah (which is a place very much like Florida in that they are both south of the Arctic Circle) but which the Utahvistas don't want themselves. It sounds like an excellent bargain.