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Pearson, ALEC, and the Brave New (Corporate) World:  Stand Up to Pearson Now!

Supporters of Public Education,

The curtain has been pulled aside recently from the American Legislative Exchange Council (ALEC), exposing the seedy underbelly of our democracy. Organizations like ALEC circumvent the democratic process in favor of corporations. Financial resources are used to influence public officials and provide model legislation meant to easily pass through state houses of governance. Recent examples include infamous “Stand Your Ground” laws and others that seek to limit the voting rights of marginalized populations. Education reform legislation is also part of ALEC’s agenda, with substantial sponsorship from corporate funds to divert the flow of valuable taxpayer dollars away from public schools.

ALEC-inspired advocacy for public education reform typically follows a path to privatization; that is, viewing educational practices vis-à-vis economic and capitalist principles. Strict school choice models, vouchers, private charter management organizations, and the erosion of collective bargaining rights are all examples of the economic management of public education. As opposed to a valuable public good, certain entities prevalent in the education reform debate are forcing schools to motivate themselves by profit and competition. What it means to be an educated person (e.g., college and career ready), what is important to teach (e.g., common standards), and how success is measured (e.g., standardized tests) are currently under significant transformation without the thorough vetting via democratic processes. And with the frustration and confusion ensuing from rapid developments occurring behind closed doors, outside the public spotlight of democracy, there are large corporations conveniently present to sell us products that will solve all of our problems.

Pearson is one such entity that as of late always seems to be at the right place and precisely at the right time. In other words, just as new legislation is passed, as new educational mandates are set, Pearson is suddenly able to provide the legions of educators and school systems clamoring for some kind of answer with just the right product. How can this be? In recent years, this once relatively small publishing house turned itself into a massive provider of a range of educational products, from traditional print materials for the K-12 sector, higher education resources and technology solutions for public school systems. It is one thing to have various products to sell and to allow the marketplace to judge their success or failure. It is another matter to reorganize the rules so that Pearson products are all one needs to buy to satisfy a range of emerging Federal and State education mandates.

For better or for worse, education reform in the United States is largely controlled by legislation. It appears then that Pearson is successfully implementing a two-pronged approach: grease the democratic process in their favor so that certain rules must be followed and from the other side perfectly match their own products so they have exactly what can be bought to satisfy those requirements. Pearson, through connections to ALEC, has become the dominant provider of education resources and services in the K-12 and post-secondary markets. The following are some of the affiliations that made this perfect alignment possible:

• Pearson acquired the Connections Academy, whose co-founder and executive VP is Mickey Revenaugh, also the co-chair of the ALEC Education Task Force. Both Connections and the for-profit University of Phoenix have been or are currently subsidiaries of the Apollo Management Group. The CEO of AMG, Charles (Chaz) Edelstein, was Managing Director of Credit Suisse and Head of the Global Services group within the Investment Banking division, based in Chicago. He is also on the Board of Directors for Teach for America, which is a provider of temporary and inexperienced teachers and also frequently associated with corporate education reform. One prominent name in this regard is TFA alum Michelle Rhee, the failed former Chancellor of DC public schools.

• According to Pearson’s website: “Pearson Education and the University of Phoenix, the largest private (for-profit) university in the United States announced a partnership which will accelerate the University’s move to convert its course materials to electronic delivery.” [emphasis added]. As such, Pearson will certainly provide the materials and the mode of transmission. It must also be stated here that many for-profit universities have been under investigation for student loan fraud and unethical recruitment practices.

• America’s Choice was also recently acquired by Pearson. This organization is directly associated with the Lumina, Broad, and Walton Foundations, all active members of ALEC. They each promote so-called “innovations” that appeal to the corporate and for-profit mindset.

• Bryan Cave, LLP is the lobbying firm for Pearson. Edward Koch is currently one of the partners at Bryan Cave. Edward Koch sits conveniently and comfortably on the board for StudentsFirst NY, a branch of the national initiative StudentsFirst, which is the brainchild of failed former Chancellor of DC public schools Michelle Rhee. It must also be stated that Rhee’s tenure is under a dark cloud of investigation for rampant test cheating and tampering in the district.

• Pearson is contracted with Stanford University to deliver the Teacher Performance Assessment (TPA) to more than 25 participating states. According to Pearson’s website, “TPA is led by Stanford University, American Association of Colleges for Teacher Education, and Pearson.”Furthermore, “Pearson’s electronic portfolio management system will support candidates, institutions of higher education, and state educational agencies by providing registration and account management services,submission of the portfolio for scoring and results reporting.”[emphasis added]. Pearson provides the administrative management skills and broad-based technology and delivery systems that will support the Teacher Performance Assessment (TPA) and bring it to a national scale. Stanford University’s Office of Technology Licensing (OTL) selected Pearson to provide these needed services for the TPA. Let it be known that the U.S. Dept. of Ed. is currently considering teacher preparation programs to be evaluated based on accountability measures similar to public schools.

• Sir Michael Barber is the current Chief Education Advisor for Pearson. It is no secret that Mr. Barber is a powerful advocate for the free-market approach to education, including union busting, merit pay, and turning public schools into privately run charters.

• Pearson contracts with Achieve to manage the PARCC assessments. Achieve is funded by Lumina, State Farm (both members of ALEC) andThe Alliance for Excellence in Education (AEE). AEE chairman Bob Wise is a regular contributor to and participant with the ALEC educational agenda. Moreover, PARCC awarded Pearson a contract in January to develop a new Technology Readiness Tool, which will support state education agencies to evaluate and determine needed technology and infrastructure upgrades for the new online assessments. Pray tell, who will sell those upgrades?

• The Tucker Capital Corporation acted as exclusive advisor to The American Council on Education (ACE) and Pearson on the creation of a groundbreaking new business that will drive the future direction, design, and delivery of the GED testing program.

• The Council of Chief State School Officers (CCSSO) partners with a whole cast of other organizations that promote a corporate, anti-public education reform agenda. CCSSO Central “partners” include (among others) McGraw-Hill and Pearson. CCSSO Director Tom Luna works closely withJeb Bush, whose associations with ALEC and corporate-reform are too numerous to mention.

• GradNation is a special project of America’s Promise Alliance, sponsored by Alma and Gen. Colin Powell. Grad Nation sponsors include State Farm (ALEC), the Walton Foundation (ALEC), AT&T (on the corporate board of ALEC), The Boeing Company (ALEC), the Pearson Foundation and Philip Morris USA (ALEC). The GradNation Summit list of presenters reads like an ALEC yearbook.

• Gen. Colin Powell sits on the Board of Directors for The Council for Foreign Relations, which issued an “Education Reform and National Security” report (co-chaired by Joel Klein and Condoleeza Rice, directed by Julia Levy). The report states, among other things, that: “The Task Force believes that though revamping expectations for students should be a state-led effort, a broader coalition … including the defense community, businesses leaders, the U.S. Department of Education, and others … also has a meaningful role to play in monitoring and supporting implementation and creating incentives to motivate states to adopt high expectations. The Defense Policy Board, which advises the secretary of defense, and other leaders from the public and private sectors should evaluate the learning standards of education in America and periodically assess whether what and how students are learning is sufficiently rigorous to protect the country’s national security interests.”[emphasis added].

• According to Susan Ohanian: “In the introduction to the Education Reform and National Security report, Julia Levy, Project Director, thanks ‘the several people who met with and briefed the Task Force group including the U.S. Secretary of Education Arne Duncan, Mary Cullinane formerly of Microsoft [Philadelphia School of the Future] [now Vice President of Corporate and Social Responsibility for Houghton Mifflin Harcourt], Sir Michael Barber of Pearson and David Coleman of Student Achievement Partners …’ They were briefed by Houghton Mifflin Harcourt, andPearson.”

• Pearson has partnered with the Bill and Melinda Gates Foundation to create a series of digital instructional resources. In November 2011, the Bill and Melinda Gates Foundation gave ALEC $376,635 to educate and engage its membership on more efficient state budget approaches to drive greater student outcomes, as well as educate them on beneficial ways to recruit, retain, evaluate and compensate effective teaching based upon merit and achievement (the Gates Foundation recently withdrew its support for ALEC under the heat of public pressure). However, their billions of dollars still flow to other far-reaching organizations dedicated to dismantling public education.

• The National Board of Professional Teaching Standards is a private-sector member of ALEC. Bob Wise (Chairman, of NBPTS) and Alliance for Excellent Education presented on “National Board’s Fund Initiative to Grow Great Schools” at the Education Task Force Meeting at the 2011 ALEC annual picnic. According to the NBPTS website, they “announced that it has awarded Pearson a five-year contract for the period 2009-2013 to develop, administer and score its National Board Certification program for accomplished teachers. Pearson will collaborate with NBPTS to manage its advanced teacher certification program in 25 certificate areas that span 16 subject areas.”

• Pearson has also acquired partnerships with companies to deliver PARCC, SAT testing, GED testing, and was the central player (through Achieve) in the design of the National Common Core Standards. The GED Testing Service, while wholly owned by the American Council for Education, entered into a joint venture with Pearson to transform the GED for some 40 million adult Americans (one in five adults) lacking a high school diploma. This is an entirely new market.

Even with all of Pearson’s efforts, they are not the only game in town. McGraw-Hill is another publisher forging similar connections and making money hand over fist due to NCLB-mandated reading programs like Open Court and SRA Reading Mastery. Of course, after billions spent on Reading First and the McGraw-Hill materials, the federally funded evaluation of the program showed no increase in reading comprehension by third grade. McGraw-Hill is also one of the biggest test publishers in the U.S. and publishes the CTBS, the central competitor to Pearson’s illustrious SAT-10.

The legislation forced upon states to adopt the curriculum (i.e., the Common Core) and its required testing measures (i.e., PARCC) essentially eliminates the possibility of consumer choice (supposedly a key concept in free market ideology) and requires that taxpayer dollars for education be handed over to Pearson and McGraw-Hill as the sole providers of nearly all educational resources available to the schools. It is frightening that Pearson, profiting billions from public education, is simultaneously operated by and sponsors organizations that promote the destruction of public education. It is essentially forcing the public to pay for the demise of its own education system.

It is possible that Pearson and its allies will deny and attempt to refute the information bulleted above. Perhaps the magnitude of their efforts will project the magnitude of their guilt. Whatever the semantics here, if a connection is really an association, if ownership is actually sponsorship, or if partnership actually means membership, it is interesting and coincidental that the above cast of characters constantly find themselves associated with each other. Additionally, the common friend to all seems to be Pearson.

If Pearson is truly interested in profit, as all corporations typically are, then consumer pressure is the best way to be heard. We at United Opt Out National are calling on everyone to take a stand against Pearson by doing any or all of the following:

• Refuse to buy their materials or adopt them in your courses or for personal use.
• Bring these concerns to local PTAs, school boards and libraries.
• If required to use Pearson products due to professional obligations, do so under public protest.
• Promote the use of ACT rather than SAT, as SAT is a Pearson product.
• Inform Pearson of your actions.
• If you are in higher education, discuss your concerns with your local Pearson representative, informing them that for these purposes you are not going to adopt their materials in any of your courses.

Raise public awareness so the brakes can be put on this madness. Please see our sample letter at the end of this research document, which you are encouraged to share so that others may refuse Pearson products.

Sincerely,

United Opt Out National

Pearson-Gate Claims More Corrupt Junketeers

Below is Michael Winerip's Jan. 1 piece on the fetid corporate cesspool that is Pearson Education and Pearson Foundation.  I have taken the liberty to highlight the public officials who have been bought by Pearson's generous junkets.  Below Winerip's piece is a late December piece by Winnie Hu.

Junketeers in London

January 1, 2012
New Questions About Trips Sponsored by Education Publisher
By MICHAEL WINERIP

In the summer of 2010, Lu Young, the superintendent of schools in Jessamine County, a Lexington, Ky., suburb, took a trip to Australia paid for by the Pearson Foundation, a nonprofit arm of Pearson, the nation's largest educational publisher.

Ten school superintendents went on the trip, which cost Pearson $60,000. While the foundation described the visit as a way "to exchange ideas on creating schools for the 21st century," there was ample time for play. "Everybody's highlight of Canberra was to get to see the kangaroos," Ms. Young said on a video produced by the foundation.

Six months later, in Frankfort, Ky., Ms. Young sat on a committee interviewing executives from three companies bidding to run the state's testing program. While CTB/McGraw-Hill submitted the lowest bid, by $2.5 million, Ms. Young and the other committee members recommended Pearson.

In April, Kentucky's Education Department approved a $57 million contract with Pearson. And then, over the next six months, the commissioner who oversees that department, Terry Holliday, traveled to both China and Brazil on trips underwritten by - that's right - the Pearson Foundation.

Were the trips an effort by the foundation to influence government officials so the company would obtain a lucrative state contract?

A spokeswoman for Dr. Holliday said that the selection "was based on best value and not simply a low bid," and Ms. Young said that the trips and the contract selection were "completely unrelated."

"I never had any conversation or discussion with anyone from Pearson about the awarding of the testing contract during this trip or later," Ms. Young wrote in an e-mail.

There is a fair chance that Ms. Young has not heard the last word on this.

For several weeks, New York State's attorney general has been investigating similar trips involving two dozen education officials from around the country who traveled to Singapore; London; Helsinki, Finland; China and Rio de Janeiro as guests of the Pearson Foundation. The trips, and the fact that most of these officials come from states that have multimillion contracts with Pearson, were the subject of two of my columns this fall.

Last month, the attorney general, Eric T. Schneiderman, issued subpoenas to the Manhattan offices of the Pearson Foundation and Pearson Education. Mr. Schneiderman is looking into whether the nonprofit, tax-exempt foundation, which is prohibited by state law from undisclosed lobbying, was used to benefit Pearson Education, a profit-making company that publishes standardized tests, curriculums and textbooks, according to people familiar with the inquiry.

Mark Nieker, president of the Pearson Foundation, wrote in an e-mail, "Our practice is not to comment about the existence of government investigations." He added, "It just is not true that the Foundation's support of conferences attended by education officials has the purpose of helping Pearson corporate to win contracts."

Pearson has paid for the trips through the Council of Chief State School Officers. The foundation's most recent tax form, from a year ago, lists a $100,000 contribution to the council.

Mr. Nieker wrote that the foundation trips reflect "a long-term commitment to foster a productive dialogue between education leaders from the United States and some of the world's best-performing and most improving school systems."

The conferences have also included top executives from the Pearson company, giving them the opportunity for meetings with state commissioners. Mr. Nieker has not responded to several requests to provide names of the Pearson executives who attended, but I was able to identify 12 who went to Finland and nine who were on the trip to Singapore. The only executive at the Australia conference Mr. Nieker would confirm is Kathy Hurley, a vice president for both the company and the foundation.

Marcus S. Owens, a lawyer who was the director of the Exempt Organizations Division of the Internal Revenue Service for a decade, said New York's investigators were likely to look at if representatives from other education companies were invited to the conferences, "along the lines of how a trade show works."

"If it's only Pearson, that doesn't have the feel of a real education conference," he said. None of the lists of attendees obtained include people from other firms.

Also troubling, Mr. Owens said, was that the foundation left blank the line on its federal tax forms where nonprofits are supposed to list payments to public officials for "travel or entertainment."

He sees parallels between the Pearson situation and an investigation by the United States attorney's office in Arizona of the nonprofit organization that runs the Fiesta Bowl. In November, a former chief operating officer for the Fiesta Bowl nonprofit was indicted by a federal grand jury for filing tax returns that failed to list payments to political campaigns and lobbyists.

Mr. Nieker, the Pearson Foundation president, said the situations were not parallel. "We strongly dispute any valid comparison and question the ability of tax experts you cite to make such a comparison without knowledge of the relevant facts."

While several commissioners have said they had prior approval for the trips from state ethics officials, oversight appears to have been lax.

Christopher Koch, state superintendent of education in Illinois - which has $138 million in contracts with Pearson - went to China, Brazil and Finland with the foundation. The only Pearson compensation he listed on state ethics forms was the cost of the flight to China, $4,271 for business class. Asked why hotels, meals and the other flights were not documented, a spokesman for Dr. Koch, Matt Vanover, said, "What we're looking at is a litmus test; they just want to make sure he's not traveling first class."

David Steiner, the former New York education commissioner, has said that the entire value of a foundation-sponsored trip he took to London in 2010 was $2,000.

Pearson paid for the Australia trip through the American Association of School Administrators. Mr. Nieker said the superintendents on the trip were selected by the association, not the foundation.

In Montgomery County, Md., the now-retired superintendent, Jerry Weast, approved an unusual contract in June 2010, in which Pearson paid the district $2.5 million to produce curriculum materials that the company would then sell worldwide.

Two months later he was on the plane to Australia.

Dr. Weast, who has come under fire from parents groups, said the curriculum contract was a unique way to generate income for public schools in hard economic times.

Daniel A. Domenech, executive director of the administrators association, said the group had taken its last Pearson trip. "Given the climate in public education today, we won't go on trips," he said.

When told about the attorney general's investigation, Dr. Domenech said: "I guess that means we better get our records set up. If there's an investigation, I'm sure they'll want to look at them."

E-mail: oneducation@nytimes.com

This article has been revised to reflect the following correction:

Correction: January 2, 2012

An earlier version of this article misidentified a former New York education commissioner. He is David Steiner, not Richard Steiner.

December 21, 2011
Testing Firm Faces Inquiry on Free Trips for Officials
By WINNIE HU

New York State's attorney general is investigating whether the Pearson Foundation, the nonprofit arm of one of the nation's largest educational publishers, acted improperly to influence state education officials by paying for overseas trips and other perks.

The office of the attorney general, Eric T. Schneiderman, issued subpoenas this week to the foundation and to Pearson Education seeking documents and information related to their activities with state education officials, including at least four education conferences - in London, Helsinki, Singapore and Rio de Janeiro - since 2008, according to people familiar with the investigation.

At issue is whether the activities of the tax-exempt Pearson Foundation, which is prohibited by state law from engaging in undisclosed lobbying, were used to benefit Pearson Education, a for-profit company, according to these people. Pearson sells standardized tests, packaged curriculums and Prentice Hall textbooks.

Specifically, the attorney general's investigation is looking at whether foundation employees improperly sought to influence state officials or procurement processes to obtain lucrative state contracts, and whether the employees failed to disclose lobbying activities in annual filings with the attorney general's office. The inquiry follows two columns about the conferences by Michael Winerip in The New York Times this fall.

If there is evidence that the foundation engaged in substantial lobbying and failed to disclose it, it could face fines and lose its tax-exempt status under state and federal laws. No subpoenas were issued to state education officials, the people with knowledge of the matter said.

In a statement Wednesday, a Pearson Education spokeswoman said, "As a matter of policy, Pearson does not comment on government inquiries or potential legal proceedings." A spokesman said the foundation "does not currently have a comment" about the inquiry, and added, "nor is it our practice to offer comment on legal proceedings or government inquiries."

In New York, Pearson Education most recently won a five-year, $32 million contract to administer state tests, and it maintains a $1 million contract for testing services with the State Education Department, according to state records. The last contract was awarded after David M. Steiner, then the state education commissioner, attended a conference in London in June 2010 that was organized by the Council of Chief State School Officers and underwritten by the Pearson Foundation.

Dr. Steiner, currently a dean and professor at Hunter College, said on Wednesday that his trip had been cleared by an ethics officer at the Education Department. "I am sure that there was no sales pitch," he said, adding that "given the many attendees and presentations, I cannot be sure that there was nobody speaking at some point in the conference who was from Pearson rather than the Pearson Foundation or other organizations."

But Dr. Steiner said "there is zero link" between his trip and the state's subsequent contract with Pearson. He said that he had no direct involvement in the decision to select Pearson and that his role was to report the recommendation to hire Pearson, made by the department's staff, to the Board of Regents. "I followed exactly our rules and protocols," he said. "I still believe it was a useful and informative and professional activity that had been properly cleared."

Tom Dunn, a spokesman for the Education Department, said that state officials selected Pearson after a competitive bidding process in which the department's staff members scored and ranked each bid. He added that the attorney general and the state comptroller both reviewed and approved the contract.

"Our contracting process is always followed to the letter," he said, "and the Pearson contract was no exception."

But some advocates for students and academics said Wednesday that the investigation was long overdue.

"Despite a history of scoring errors, contract manipulation and corporate misbehavior, there's been almost no public oversight of companies such as Pearson," said Bob Schaeffer, a spokesman for FairTest, an advocacy group opposed to standardized testing. "It's great that New York's attorney general has now decided to examine the examiners and begin holding them accountable."