Photo credit: David Schott (CC-By-2.0)
Photo credit: David Schott (CC-By-2.0)
Photo credit: David Schott (CC-By-2.0)

The National Assessment Governing Board (NAGB) that governs the National Assessment of Educational Progress (NAEP) has announced it will expand beyond assessing students’ academic content knowledge to also include subjective, non-cognitive, socioemotional parameters. Such factors will include “grit,” “desire for learning,” and “school climate.” Assessing “mindsets” of students potentially will allow the government to determine and possibly reshape children’s moral and religious beliefs about controversial social issues.

American Principles Project, Eagle Forum and Education Liberty Watch along with five additional national organizations, as well as, 69 state organizations in 29 states have joined Liberty Counsel to object what they see as illegal changes to the NAEP. (Disclosure: This author is among those who have joined Liberty Counsel.)

As Liberty Counsel demonstrates in its letter to three congressional committees, if these factors are assessed as part of the NAEP test itself, their inclusion violates federal law prohibiting assessment of “personal or family beliefs and attitudes” via 20 USC section 9622. If they are instead part of the background survey given to students, their inclusion violates the Protection of Pupil Rights Amendment, 20 USC section 1232(h), which requires that such material be made available for parental inspection before administration.

Liberty Counsel attorney Richard Mast, author of the letter, wrote in part:

The NAEP is poised to violate federal law by collecting extremely sensitive psychological/socioemotional data on children; it will do so in a necessarily subjective manner;  it contains a substantial risk of exposing the subject children to possible negative consequences in their later schooling and employment careers, to the extent that even supporters of such assessments are concerned; and it will entrust extremely sensitive data to agencies that are no longer governed by serious privacy law and that have proven they cannot or will not keep personal student data secure.

These proposed changes constitute potential parental rights violations, and expose the children to a litany of harms in the present and in the future. Thus, any efforts to ask questions concerning mindsets and other socioemotional parameters and to collect that data via the NAEP should be halted immediately.

“We believe, along with Liberty Counsel and other signatories, that this expansion of NAEP will not only violate federal law but also possibly expose students to negative consequences of having their most sensitive personal information – subjectively determined – collected and maintained in unsecured government databases. Even without federal statutes prohibiting such action, this overreach would invade parental sovereignty over the education and moral direction of children,” Jane Robbins of American Principles Project said in a released statement.

“American Principles Project urges Congress to protect children by halting this illegal expansion of NAEP,” Robbins added.

“We are extremely pleased and thankful that Liberty Counsel and so many organizations around the country have joined this important national fight for student data and psychological privacy,” Dr. Karen Effrem, president of Education Liberty Watch and executive director of the Florida Stop Common Core Coalition, said in a released statement. “Congress must do its due diligence and properly exercise its oversight authority to stop these obvious statutory and constitutional violations and this continued federal overreach before the privacy and futures of our students are further harmed. We urge our members to help educate their members of Congress about this issue and to be sure to opt their children out of this very invasive test.”

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