PELSB Lack of Authorization

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PELSB has played fast and loose with the requirement of legislative authorization needed to modify pedagogy standards and must restart where they needed to have begun.

State agencies (the executive branch) carry out the law that the Legislature creates and the judiciary regulates such use of powers, including balance of powers. Basic stuff, right?

Unfortunately, Minnesota government, partly due to so many decades of domination by a single political party, which fosters a "don't-rock-the-boat" attitude and laxness about necessary proprieties, as manifest in this case, is operating at an imbalance of the powers, which calls for the judiciary taking a firm hand to reset the balance. This is evident in a general sense and several specific aspects.

Generally, the Legislature should be making all fixed, substantive policy. It should decide if there should be a CRT overhaul and articulate the substances of that policy, which it certainly did not do. What is left to rulemaking, by the administration (the executive branch), is its and its agencies' plans of how they specifically will implement and operate the policy handed to them, as the administrators of the policy from the legislature.

Here, we have PELSB, by its own leave, saying the policy is old, so, on that basis, it will usurp the power to change policy as it wills, in spite of overwhelming indications of the a rapidly growing majority of principled public disagreements, clearly a tip of the iceberg of ready to be discovered latent public discontent or disapproval.

First of all, pedagogy does not expire. Pedagogies include some of the oldest text and history civilization has, including much with currently needed skills-development to create the life-long-learners, what the Minnesota Constitution charges the Minnesota Legislature to specifically facilitate.

That being said, the most concrete reason PELSB provides for these actions, which they seek to exert, is that the pedagogy standards were mostly written a dreadful twenty years ago. The last time these standards were changed was when physcially-available classroom technology changed; there is no reason to suppose that in the act of the Legislature's creating PELSB, the Legislature envisioned PELSB coming back to it for just such changes, when or if the need arose.

It is irrefutable that the paragraph where PELSB lied (represented false text as a direct quotation) about the statutes, as supposedly being its authority, is precisely declining to say PELSB should update the standards. The Legislature literally says carry on with implementation of your new organization but keep the basis of the pedagogy standards the same--naming a specific model--the one used 20 years ago--not either newer model. Yet, OAH (ALJ Mortenson and the Chief ALJ Starr) take the word of PELSB telling OAH that updating to the new model is a primary reason for their changes.

When we (Education Standards of America) confronted PELSB about the clear lack of the necessary act from the Legislature, focusing very specifically on the clear technical procedural faults controlled by the actual education and Chapter 14 text, as opposed to inviting them represent our remarks as only about bigger picture issues, which are not so obviously deadly, PELSB lied to ALJ Mortenson about what the text of the statutes said. In a sitation where one party lies to the decision-maker about material facts and the decision-maker expresses having taken action in consideration that such false material was true, such is called fraud (until the party that lied proves such was not deliberate).

Indeed, when we noticed the risk of ALJ Mortenson being defrauded, we communicated that risk, following the protocol of notifying the opposing party and demonstrating such in notice to the decision-maker.

Instead of ensuring that ALJ Mortenson not be beguiled by a false purported direct quotation of the statutes, to which PELSB had added words to strengthen its argument, the Chief ALJ has allowed ALJ Mortenson to clearly demonstrate a degree of reliance upon the bogus added words.

The worse factor is that with the spoliative quotation PELSB issued as a rebuttal to us, PELSB falsely represented that one quotation settled the whole issue of the lack of authorization, but beyond the plain textual deficient, lies a broad and consistent field of statutory indications that PELSB cannot act to change these rules, at all, without obtaining an act from the Legislature (which should articulate the substance of the policy that PELSB is to then to promulgate rules as to how PELSB is merely implementing the legislatively decided policy).

Dysfunction growing from imbalance of the separated powers
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20 years old, therefore disregard it without evaluation
Accordions are a smart way to present lengthy bodies of text to your users without overloading them with information. Since information from only one panel is revealed at a time, users can choose and focus on the details that matter most to them.
Pedagogy does not expire
The primary basis that PELSB, itself, articulates as being their greatest cause for this attempted rulemaking is that these current standards, Rules Section 8710.2000 (the Standards of Effective Practice), are 20 years old. As if it were a logical conclusion to determine by the age of 20 years, with only minor changes to incorporate advancements of IT developments in classrooms, that somehow that that age of 20 years controls that the current standards are defective.

The glaring problem with that theory is that pedagogy does not age. Some of the most prominent ancient texts are pedagogical, such Homer's Odyssey and Illiad, parts of the Bible, or the Koran. These are still useful and vital tools practiced today to teach substantive lessons and reading comprehension and believed virtues.

One of the most important concepts that we have inherited from ancient philosophy is Plato's concept that all human beings can be educated and learn language. People are a "tabula rasa," a blank slate," Plato was saying, speaking of how people of any characteristics can be taught well and according possess competent learned skills, or, they can be taught otherwise and otherwise bear results. Education, Plato is saying, is the key to the development of intellectual abilities and capacity.
Why is my accordion being hidden behind other elements placed below it?
If another element is placed on a layer that is above the layer of the text accordion, the text accordion will appear tucked beneath it. Simply move your text accordion to a higher layer so it is above other elements.
Newer common core model forbidden more than authorized
Pedagogy does not change based on race
Another canard that PELSB suggests is a basis for changing pedagogy standards is that the race of Minnesota's children has changed. Well, first of all, when Minnesota governments sought to engineer racial changes in Minnesota, they did not do so asserting terms of a social contract that their changing the race would change education for all students--let alone bring about the gutting of pedagogy standards, as PELSB is attempting to do.

In spite of the bigoted woke and anti-Renaissance zeitgeist popular with many persons chosen to hold doctorates in education, in these times, the quintessential wisdom from ancient Greece was not racist or sexist, as is particularly represented in Plato. The definition of what made a person a Greek, in ancient Greece, was primarily the education basis of the individual. All people could be thought of as a "tabula rasa," a "blank slate," to be filled with quality education or otherwise, with the results based on the educational input. Plato said that while there may not be as many women who generally make up the best leaders of communities, it certainly would bode against the quality of leaders were there not at least substantial numbers of women.

Pedagogy does not change with the narratives on CNN or the race of students. PELSB does not have a basis for this theory, but merely conclusorily states that race changes are cause for pedagogy standards, as if such governed, particularly, for these changes.

This error of PELSB tells us PELSB lacks an understanding of what pedagogy is, how it is supposed to work, let the having the knowledge-basis qualifications to weigh and revise the pedagogy standards written by the Board of Teaching.

To understand how to teach reading, one must understand that reading is not racial, but based on human nature. One should understand the human nature by which people learn to read, which does not allow for confusing what that basis is with superstitions that reading is racially-based.
Changing the subjunctive mood discussing some subsequent authorization for rulemaking to imperative mood
Affirmations of Chapter 14 norms affirm that those apply
The old InTASC model is specifically affirmed to continue to be the measure--it is nonsense to say that that is an authorization to change the model
3) "Cultural Competency" violations
Which can be scored against parents
OAH misses the issue as PELSB had sought.
Neither ALJ Mortenson Nor the Chief ALJ Weigh the Impact to Teachers

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