#NCDEMS Want You To Look At Jessica Holmes…

#NCDEMS Want You To Look At Jessica Holmes…

But fail to mention, again, that she’s a lawyer for the NCAE. Oh and a Moral Monday participant:



From: admin@wakedems.org
10:56 AM (1 hour ago)

Take a look at our Wake County Democrat in Action, JESSICA HOLMES!

Jessica Holmes- Wake County Commissioner District 3

Jessica is an easy pick for those concerned about the Wake County Schools. A Tar-Heel for life, Jessica received her B.A and J.D from the University of North Carolina Chapel Hill. She gives back to the community by serving on the NC Foundation for Public School Children and A Helping, Inc.

“Every child in Wake County deserves that same opportunity. I am ready to take personal responsibility to ensure that every child has a chance to succeed. That’s why I’m running to represent you on the Wake County Board of Commissioners.”  –Jessica Holmes

Please consider a gift of $10 to help Get-Out-The-Vote for Jessica and our other candidates this November.

While Jessica is running for the District 3 seat, EVERYONE in Wake County will have the chance to Vote for Jessica!  Remember to Vote for Jessica and Vote for ALL FOUR on November 4th!

To Read More about Jessica Holmes and our other county wide candidates.


Fight Back. Vote Blue in 2014.


Paid for by Wake County Democratic Party

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Lewis Backs Out Of Court Candidates Forum

The Federalist Society held a major forum this week for candidates seeking office in the North Carolina Court System.  Regrettably, I was unable to attend, but it looks like the event was a great success:

We’ve covered some of the main races here on the blog, including the interesting Supreme Court Justice race. Both Supreme Court Justice candidates (Justice Mark Martin and Judge Ola Lewis) were invited to the forum, however it looks like Judge Ola Lewis backed out due to an ‘unspecified’ conflict:

A pair of candidates for three of the seats took questions from a moderator and answered to about 75 attorneys. Newly appointed Chief Justice Mark Martin, who is seeking an eight-year term in the post in November, spoke alone to the group. His challenger, Superior Court Judge Ola Lewis, withdrew shortly before the event, citing an unspecified scheduling conflict, according to the Federalist Society, the sponsor. – WRAL

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MO Ed Commissioner, Governor Sued By Citizens Over Common Core SBAC Test Funds

This article is crossposted at StopCommonCoreNC.org


Fred N. Sauer of Missouri is suing Governor Jay Nixon and other state officials over the $4.3 million paid to Smarter Balanced Assessment Consortium (SBAC) in relation to the Common Core State Standards tests.

The editors of Missouri Education Watchdog have joined the suit as plaintiffs. The main points of the suit are the challenging of the use of taxpayer money for the SBAC, that the SBAC is an unconstitutional interstate compact and that Governor Nixon and Commissioner Nicastro’s conduct violated federal and state statutes.  Nicastro announced her retirement just this past week.

Via Missouri Education Watchdog:

Gretchen Logue  and Anne Gassel  of the Missouri Coalition Against Common Core have joined Fred N. Sauer in filing a taxpayer lawsuit against Governor Nixon, Commissioner Nicastro, and other state officials.  The lawsuit challenges Missouri’s payment of taxpayer money to the Smarter Balanced Assessment Consortium, a consortium of states that is implementing tests aligned to the Common Core State Standards (“Common Core”).

Logue and Gassel’s lawsuit alleges that the Smarter Balanced Assessment Consortium is an unconstitutional interstate compact that was not approved by Congress, in violation of the Compact Clause of the U.S. Constitution, Article I, Section 3, Clause 10.  The suit also alleges that Governor Nixon and Commissioner Nicastro’s course of conduct in committing Missouri to Common Core was in violation of numerous federal and state statutes.

By passing HB 1490 by an overwhelming majority, the Missouri state legislature effectively repudiated Common Core, requiring it to be replaced by 2016.  But Missouri has not withdrawn from the consortium of states implementing Common Core aligned tests.  According to public records, the Department of Elementary and Secondary Education plans to send millions of dollars of taxpayer funds to the Smarter Balanced consortium in 2015, which will be used to support the implementation of Common Core in numerous other states.  These payments are illegal under the federal constitution, federal statutes, and Missouri state law.

There’s more. Read the rest.

Fred Sauer had a press release, detailing the suit:

Tuesday, September 16, 2014
Contact:  (314)  854-1305
Common Core: Fred Sauer Sues Governor Nixon

On September 12, 2014, the lawsuit Sauer v. Nixon was filed in Cole County Circuit Court. The lawsuit challenges payment of $4.3 million of Missouri taxpayer funds to the Smarter Balanced Assessment Consortium, an entity implementing tests aligned to the Common Core State Standards (“Common Core”). Among other claims, the suit alleges that the Smarter Balanced Assessment Consortium is an unconstitutional Interstate Compact, created without Congress’s consent.

How many of you realize that the largest component of the Missouri State Government budget is for education? Using the proposed FY2015 Governor’s Operating Budget, education accounts for 47% of it. The two components are Elementary and Secondary Education at $3.349 billion and Higher Education at $0.979 billion. The total is $4.238 billion. If Missouri spends Real Estate Taxes at a level equal to the national average, this would account for an additional $3.92 billion.  This gives a grand total for Missouri of $7.168 billion in education expenses.

Unbeknown to most of us, Governor Nixon has given effective control over all this money to the Federal Department of Education, Achieve, and other Common Core-related entities. He did this in a series of machinations wherein he avoided all public accountability to “we the people” who pay for the education by these state taxes and local real estate property taxes. Based on the amount of total money, $7.168 billion “we the people” provide, it was his most basic responsibility to make a complete disclosure and representation to all the citizens of Missouri before surrendering effective control over all this money to the Federal Department of Education.

Have any of you ever heard of Achieve?
From the Achieve website:

Our Board of Directors

At the 1996 National Education Summit a bipartisan group of governors and corporate leaders decided to create and lead an organization dedicated to supporting standards-based education reform efforts across the states. To do so, they formed Achieve as an independent, bi-partisan, non-profit education reform organization.

Craig R. Barrett
Former CEO/Chairman of the Board
Intel Corporation

Board Members
Mark B. Grier
Vice Chairman
Prudential Financial, Inc.

Governor Bill Haslam
State of Tennessee

Governor Jay Nixon
State of Missouri

Governor Deval Patrick
Commonwealth of Massachusetts[1]

Please note that there are only 4 other people besides Jay Nixon as directors! Imagine, just five directors.

One of the greatest regulatory frauds and power grabs committed against the people of the United States of America has been the evolving federal requirement as promulgated by the Federal Department of Education that all states must adopt Common Core Education Standards.

Governor Jay Nixon has unilaterally cooperated with the Federal Government, the Federal Department of education, and other sponsored entities in every way, without approval of the legislature or voters. In so doing he has ignored and violated specific federal laws and regulations that preserve and protect state authority over educational policy at all levels. As stated in the lawsuit, Sauer v. Nixon:

24.       In 1965, Congress enacted the General Education Provisions Act of 1965, 20 U.S.C. § § 1221 et seq., which provides:

No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system.
20 U.S.C. § 1232a. This restriction was later made applicable to all programs administered by the federal Department of Education. 20 U.S.C. § 1221(c)(1).
        25. Similarly, the Department of Education Organization Act of 1979, 20 U.S.C. § § 3401 et seq., which established the federal Department of Education, provides:
No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.
20 U.S.C. § 3403(b).
       26.       The Department of Education Organization Act reflects Congress’s clear intent that States and local governments retain control over education policy and decision making:

It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States.

20 U.S.C. § 3403(a).
       27. Echoing these principles, the Elementary and Secondary Education Act of 1965 (“ESEA”), as amended by the No Child Left Behind Act of 2001 (“NCLB”), 20 U.S.C. § § 6301 et seq., provides that “[n]othing in this Act shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local education agency, or school’s curriculum, program of instruction, or allocation of State or local resources.”

20 U.S.C. § 7907(a).
28. Moreover, the ESEA prohibits the Department of Education from using funds under the statute “to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.” 20 U.S.C. § 7907(b).
        29. The ESEA further provides that “no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this Act.” 20 U.S.C. § 7907(c)(1).
        30. In enacting the ESEA, Congress contemplated that decisions regarding “the specific types of programs or projects that will be required in school districts” would be “left to the discretion and judgment of the local public educational agencies.” H.R. Rep. No. 143, 89th Congress, 1st Session, 5 (1965).

        32. In 2009, the National Governor’s Association and the Council of Chief State School Officers announced an initiative to develop the Common Core State Standards (“Common Core”).

37.       On February 17, 2009, the U.S. Congress passed the American Recovery and Reinvestment Act of 2009 (“ARRA”). Sections 14005 and 14006 of the ARRA provided for federal grant funding to the states related to education. Section 14005(d)(4) provided for grant funding relating to “standards and assessments,” and provided that recipient states would “take steps to improve State academic content standards and student academic achievement standards….” Section 14006 provided for remaining funds to be used as state incentive grants in FY 2010 for states “that have made significant progress in meeting the objectives of paragraphs (2), (3), (4), and (5) of section 14005(d).” 123 Stat. 115, 283 (2009). ARRA did not mention or authorize common state educational standards, or “consortia” of states.

38.       On or about June 25, 2009, without authorization by the Missouri legislature or the requisite signature of the highest state education official, Governor Nixon unilaterally signed a “Memorandum of Agreement” with the National Governors Association that purported to commit Missouri to adopting a “common core of state standards (common core) in English language arts and mathematics for grades K-12.”

39.       On or about November 18, 2009, the U.S. Department of Education issued an invitation to the States to apply for Race to the Top (“RTTT”) grant funding, pursuant to the ARRA. See 74 Fed. Reg. 59836 (Nov. 18, 2009). This invitation conditioned RTTT grant funding on, in part, “[t]he extent to which the State has demonstrated its commitment to adopting a common set of high-quality standards.”


40.       To satisfy key criteria for grant funding under RTTT, a state thus had to commit to adopting a “common set of K-12 standards,” i.e. Common Core.

41.       On or about January 18, 2010, Governor Nixon and Commissioner Nicastro signed an Application for Initial Funding for RTTT funds. In this application, Governor Nixon and Commissioner Nicastro purported to assert “Missouri’s commitment to Common Core Standards development and adoption.” Even though the Common Core Standards had yet to be finalized, the application definitively stated that “Missouri will begin transitioning to the Common Core K-12 Standards and Career Ready/College Ready Standards upon their adoption.” On information and belief, this application was submitted without the authorization of the Missouri legislature.

44.       On or about April 14, 2010, Commissioner Nicastro signed a “Document of Commitment” to the Smarter Balanced Assessment Consortium (“SBAC”). See Document of Commitment (attached as Exhibit 2, and incorporated by reference herein). This document purported to commit Missouri to serve as a “Governing State” in SBAC.

45.       On or about May 20, 2010, Commissioner Nicastro signed a “Memorandum of Understanding” with SBAC. See Memorandum of Understanding (attached as Exhibit 3, and incorporated by reference herein). This Memorandum of Understanding also purported to commit Missouri to serve as a “Governing State” in the SBAC consortium.

46.       On or about May 25, 2010, Governor Nixon also signed the same Memorandum of Understanding with the SBAC consortium. See id. On information and belief, the Missouri legislature never authorized this Memorandum of Understanding.

47.       By signing the Memorandum of Understanding, Governor Nixon and Commissioner Nicastro purportedly committed Missouri to “[a]dopt the Common Core Standards.

48.       The Memorandum of Understanding purported to commit Missouri to:

(a) “Adopt common achievement standards no later than the 2014-2015 school year”;
(b)      “Fully implement statewide the Consortium summative assessment in grades 3-8 and high school for both mathematics and English language arts no later than the 2014-2015 school year”;
(c) “Adhere to the governance as outlined in [the Memorandum of Understanding]“;
(d)  “Agree to support the decisions of the Consortium”;
(e)  “Agree to follow agreed-upon timelines”;
(f)  “Be willing to participate in the decision-making process and, if a Governing State, final decision”; and
(g) “Identify and implement a plan to address barriers in State law, statute, regulation, or policy to implementing the proposed assessment system and to addressing any such barriers prior to full implementation of the summative assessment components of the system.”
Id. At 3.

56.       From its inception, Governor Nixon and Commissioner Nicastro’s purported commitment of Missouri to Common Core was in violation of Missouri law. Missouri law in effect in 2009 and 2010 provided that the state Board of Education had authority to adopt “no more than seventy-five academic performance standards.”

58.       SBAC’s grant application explained that SBAC would develop a uniform “multi-state assessment system based on the Common Core State Standards.” The application further stated that “the role of [SBAC] is to influence and support the development and implementation of learning and assessment systems to radically reshape the education systems in participating States . . . .” (Emphasis added.)[2]

In signing all these documents, Jay Nixon has intentionally and effectively seized over $7.65 billion of State and local taxes and turned them over to the illegal control of the Federal Department of Education. Local control of schools has been a permanent principle of education since the days of its founder Horace Mann. All this is proven by the federal statutes forbidding the federal government and its regulators from doing exactly what they have done. This was a completely illegal takeover of the expenditure authority of the general assembly because the money is going to organizations shielded from public disclosure laws.

Jay Nixon’s approval of the regulator fraud against “we the people” is at a minimum a breach of his fiduciary responsibility to the citizens of Missouri. What governor would ever attempt to impose such a dramatic and fundamental change of the control of the state financed public education without a complete and thorough public disclosure and debate with the citizens of the state?

[1] Achieve.org Board of Directors
[2] Sauer vs. Nixon

Fred N. Sauer
Fred Sauer Matrix

Fred Sauer Matrix
231 South Bemiston Ave., Ste. 800
Clayton, MO 63105
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PAC Handing Out Political Signs In Iredell-Statesville Schools?

The PAC known as Our Schools First, has a Facebook post stating that Bond voting signs will be available at schools in the area. The signs say, “Vote YES! for Our School Bond and the post says ‘each school will have a supply of signs’.

From Facebook:

We have “VOTE YES” signs ready for your yard and business! Each school will have a supply of signs, so contact your PTO to get one. You can also pick one up at Sawyer Insurance (417 East Plaza Dr., Mooresville) between the hours of 9-1 and 2-5:30, Monday through Friday. Thanks for supporting our kids by putting OUR SCHOOLS FIRST!

Handing out political material in schools and by defacto using them as staging platforms again?  I’m getting seriously sick of writing these kinds of articles.

Iredell-Statesville Non-School Materials policy states nothing like this is to be distributed on school grounds without prior permission from the school’s principal. So did the principals of said schools approve it? Parents should ask.

No one, including students or parents, shall distribute,
disseminate or otherwise communicate pamphlets, tracks or
other publications on any school campus, including material that
reflects his/her philosophy, religion, political or other personal
beliefs without the prior approval of the school’s principal.
Parents and students should carefully review board policy #5210.

Read Policy #5210 in full.

Our Schools First used to be called MIM Schools First. They are run by a man named Frank Rader.  Rader is a former town commissioner for Mooresville. He should know better than to be distributing signs like this in our schools, but instead seems ironically oblivious:

“Job one in a democracy is mass education,” said former Mooresville town commissioner Frank Rader, an organizer of the PAC. “I think we lost sight of that.” – Mooresville Tribune


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NC Governor’s Common Core Commission Pick: Ralph Andre Peek

Yesterday, Governor McCrory finally made his Common Core commission pick, Ralph Andre Peek. The pick came 16 days beyond the date for the first meeting as laid out by the bill McCrory signed into law.
Strike one.

The first meeting is slated to take place this coming Monday, at the Department of Public Instruction.

The inaugural meeting will be held on Monday, September 22from 2:00 p.m. to 4:00 p.m. in the State Construction Office conference room, fourth floor of the Education Building, 301 N. Wilmington Street, Raleigh, NC.

The bill McCrory signed into law for this commission prohibits this. “Section 2.(a) – The commission shall be located administratively in the Department of Administration…”.
Strike two.

McCrory’s pick appears to be pretty much Pro-Common Core.
Ralph Andre Peek is businessman from the upper echelon of IBM who is tied to Pro-Core Teach for America, The NC Chamber’s Pro-Core ‘Hire Standards’, and the Pro-Core North Carolina Business Committee for Education (NCBCE).

Mr. Peek is listed an ‘unaffiliated” in political party registration. What is it with this Governor’s habit of not appointing folks from his own party? I can see 2016 now: Pat McCrory (U-NC).

It’s noteworthy that IBM has been a big Common Core Supporter and signed onto the list of committed businesses collected by the Council of Chief State School Officers (CCSSO). Peek’s wife works for SAS, which is also heavily invested in promoting Common Core.

I was unable to locate any information on any children Peek might have. Perhaps that should be known and if they do have any that are school aged – what school are they attending? Public or SAS’s Cary Academy which doesn’t use Common Core?
Strike Three.

Read about all of the conflicts of interest Mr. Peek has in his profile located here.
A clean copy of the screenshot within the profile can be obtained upon request to TheLL1885@gmail.com.

More commission profiles:

  • Profiles for the Senate and House appointees can be found here.
  • State Board of Education bios are located here.

To Recap: Wow. We’ve already got three strikes and the commission hasn’t even met yet.

Not a good start.

The fears that CCSSO President and NC Superintendent June Atkinson, Governor McCrory, Bill Cobey and the NC Chamber of Commerce were going to use this commission as a dog and pony show to just rebrand instead of replace Common Core are arguably now confirmed.
Citizens need to attend these meetings and remind the commission the intent of SB812 was to REPLACE not REBRAND.

Here’s the press release (below) that went out yesterday from the Department of Administration. The release includes the list of names and the information on the first meeting.

RALEIGH – September 16, 2014

The NC Department of Administration announced the 11 members of the Academic Standards Review Commission today and provided notice of its inaugural meeting. The appointments were made in accordance with Senate Bill 812 and were apportioned as follows: four members appointed by the Speaker of the House of Representatives; four members appointed by the President Pro Tempore of the Senate; two members of the State Board of Education to include the Chair or the Chair’s designee and a member appointed by the Chair; and one member appointed by the Governor.

The appointees are:

House Appointments

  • Ms. Tammy Covil, New Hanover
  • Dr. Jeffrey Isenhour, Catawba
  • Ms. Katie Lemons, Stokes
  • Ms. Denise Watts, Mecklenburg

Senate Appointments

  • Ms. Ann B. Clark, Iredell
  • Dr. Laurie McCollum, Rockingham
  • Ms. Jeannie A. Metcalf, Forsyth
  • Dr. John T. Scheik, Wake

State Board of Education Members

  • Chairman William “Bill” Cobey, Durham
  • Dr. Olivia Oxendine, Robeson

Gubernatorial Appointment

  • Mr. Andre Peek, Wake

The inaugural meeting will be held on Monday, September 22, from 2:00 p.m. to 4:00 p.m. in the State Construction Office conference room, fourth floor of the Education Building, 301 N. Wilmington Street, Raleigh, NC. For more information, please contact Loretta Peace-Bunch at 919-807-3403.


Posted in Academic Standards Review Commission, Common Core, June Atkinson, LadyLiberty1885, Pat McCrory, The Articles | Tagged , , | 4 Comments