Latest News and Comment from Education

Saturday, July 15, 2023

TOP BANANA: TOP READS THIS WEEK 7-15-23 #tbats #edchat #K12 #learning #edtech

 

TOP BANANA: TOP READS THIS WEEK 7-15-23 


Big Education Ape: The Great Teacher Exodus: Is This the End of Public Education? http://bigeducationape.blogspot.com/2023/07/the-great-teacher-exodus-is-this-end-of.html







Big Education Ape: AI COVERS DYLAN'S RAINY DAY WOMEN #12 & 35: EVERYONE MUST GET TESTED http://bigeducationape.blogspot.com/2023/07/ai-covers-dylans-rainy-day-women-12-35.html







Big Education Ape: VULTURE PHILANTHROPY: BILLIONAIRES BUYING DEMOCRACY FOR PROFIT http://bigeducationape.blogspot.com/2023/07/vulture-philanthropy-billionaires.html












Big Education Ape: TOP BANANA: TOP READS THIS WEEK 7-8-23 #tbats #edchat #K12 #learning #edtech http://bigeducationape.blogspot.com/2023/07/top-banana-top-reads-this-week-7-8-23.html












Big Education Ape: BREAKING NEWS: BILL GATES' CALIFORNIA COMMON CORE MATH DOESN'T ADD UP! http://bigeducationape.blogspot.com/2023/07/breaking-news-bill-gates-california.html











Big Education Ape: DIANE RAVITCH: THE WONDER WOMAN OF PUBLIC EDUCATION http://bigeducationape.blogspot.com/2023/07/diane-ravitch-wonder-woman-of-public.html















Big Education Ape: SUPERINTENDENT CHURN WHY SCHOOL DISTRICTS CHANGE LEADERS MORE OFTEN THAN THEIR UNDERWEAR http://bigeducationape.blogspot.com/2023/07/superintendent-churn-why-school.html










Big Education Ape: THE GREAT VOUCHER WAR: BILLIONAIRES BATTLE TO END PUBLIC EDUCTION http://bigeducationape.blogspot.com/2023/07/the-great-voucher-war-billionaires.html











Big Education Ape: CAN AMERICA SURVIVE ANOTHER TERM OF THIS COURT? WE'RE NOT SO SURE http://bigeducationape.blogspot.com/2023/07/can-america-survive-another-term-of.html
























  OTHER GREAT READS THIS WEEK FROM THE BIG EDUCATION APE




  
Ladies and gentlemen, it's time to talk about the most exciting thing to happen to artificial intelligence since Siri learned how to tell jokes. That's right, I'm talking about Monica AI! This little lady has been making waves in the tech world for her incredible ability to help you organize your life, keep track of your schedule, and even give you a pep talk when you're feeling down. And now, s
SAG-AFTRA WGA STRIKE WE WILL REPLACE YOU Attention all workers of America and the world! The entertainment industry is in turmoil, and it's not just because of the lack of good TV shows lately. No, it's because the robots are coming for our jobs. That's right, AI is poised to replace us all, starting with the poor actors and writers who make our favorite shows and movies. The Writer's Guild of Am
California, the land of sunshine, surfing, and now, textbook wars! In a move that has left many scratching their heads, Governor Newsom has announced that the state will be replacing textbooks that were canceled by a far-right MAGA board. Now, I don't know about you, but when I think of MAGA, I think of red hats, Twitter rants, and a general sense of chaos. So it's no surprise that the cancellat
WHERE THE BODIES ARE BURIED CONFIDENTIALITY AGREEMENTS: BECAUSE LOOSE LIPS SINK SCHOOLS Maybe Ryan Walters is just trying to protect his staff from accidentally revealing the location of his secret burial grounds. After all, we wouldn't want anyone stumbling upon a pile of textbooks and No. 2 pencils. Why Is Ryan Walters Demanding Secrecy and Confidentiality Agreements at the Department of Educat

JUL 13

In the state of Ohio, the Republican party has launched a power grab over public education. Yes, you heard it right, they want to strip the State Board of Education of nearly all of its authority and place it in a new cabinet-level position under the governor. And why, you may ask? Well, because Democrats and teachers' unions won all three open seats on the board in the general election. Talk ab
READING FOR FUN? NO LONGER FUN! SAY WHAT? It seems that reading for fun has become a thing of the past. According to recent reports, US students are experiencing a "crisis" when it comes to reading for pleasure. But why is this happening? And more importantly, what can we do about it? First of all, let's talk about why reading for fun is important. Not only does it help improve your mental health
Fearless Leader Ryan Walters, AKA Oklahoma State Superintendent of Public Education, has demanded that all job applicants take a loyalty oath to support his policies. Yes, you read that right. A loyalty oath. In 2023. Now, I don't know about you, but the last time I heard about a loyalty oath was in some dystopian novel where the government had taken over and was forcing its citizens to swear al

JUL 12

Are you tired of boring education reform discussions? Look no further than Diane Ravitch! Who is she, you ask? Well, she's a historian of education, an educational policy analyst, and a former research professor at New York University's Steinhardt School of Culture, Education, and Human Development. But that's not even the best part! She's also a hilarious, witty, and passionate defender of publ
AI AND CHATGPT IN THE CLASSROOM DANGER DANGER WILL ROBINSON As we enter a new era of education, it's important to consider the potential dangers of AI in the classroom. Sure, it sounds cool to have a robot teacher who never gets tired or loses patience, but what happens when that robot becomes self-aware and decides to take over the world? Okay, maybe that's a bit extreme, but there are still som
THE SCIENCE OF READING THE NEWEST ADDITION TO COMMON CORE STANDARDS AND THE STANDARDIZATION OF AMERICAN EDUCATION Ah, standardization in education. It's like the boring cousin at family reunions that no one really wants to talk to, but they're always there, lurking in the background. And now, we have a new addition to the family: The Science of Reading. Yes, you read that right. The Science of Re

JUL 11

Billy Baldwin, the actor and outspoken critic of Florida Governor Ron DeSantis, has dubbed the Sunshine State the "Bud Light of tourism". And honestly, he's not wrong. DeSantis' policies on LGBTQ+ rights, immigration, and gun control have caused a mass exodus of tourists and conventions from Florida. It's like the state is a party and everyone is leaving early because the host is a buzzkill. But
Attention, attention! It's time to dive deep into the world of international education and the READ Act. Don't worry, I promise to make it funny and witty. First things first, what is the READ Act? Well, my dear reader, it stands for Reinforcing Education Accountability in Development. Sounds fancy, right? Basically, it's a law that was passed in 2017 to promote education in developing countries
State charges New College student with battery for allegedly spitting on trustee Rufo In a shocking turn of events, Christopher Rufo, the devil incarnate and conservative activist, has found himself in the middle of a spitting scandal. Yes, you read that right - spitting. And not just any spitting, but allegedly being spat on by a New College student who was charged with battery. It all started

JUL 10

In a world where technology is constantly evolving, the battle between desktops and cell phones has been raging on for years. But why has Meta, formerly known as Facebook, abandoned the desktop market? And why is Zuke, the CEO of Meta, hating on old people? Let's dive in and find out. Firstly, let's address the elephant in the room - why has Meta turned its back on desktops? Well, it's simple re
Ladies and gentlemen, buckle up because American democracy is in for a wild ride. The question on everyone's mind is: can America stand another Supreme Court term? Well, let's take a look at the changes made by the court since Trump appointed three conservative justices and see if we can come up with an answer. First of all, let's just say that the Supreme Court has been busier than a one-legged
Ah, philanthropy. The act of giving away money to make the world a better place. Or is it? In the world of venture philanthropy, it seems that billionaires are buying democracy for profit. And let's be real, who doesn't love a good profit? Venture philanthropy is like venture capitalism, but instead of investing in businesses, you invest in social or environmental causes. It's like Shark Tank, b
Well folks, it looks like we've got ourselves a bit of a holy war going on in the military and law enforcement. That's right, Christian nationalism is making its mark and causing quite the controversy. But don't worry, we're here to break it down for you in a way that's both detailed and witty (if we do say so ourselves). First off, did you know that 73% of active military service members identi
BREAKING NEWS: BILL GATES' CALIFORNIA COMMON CORE MATH DOESN'T ADD UP! In a shocking turn of events, it seems that even the great Bill Gates can't get his math right. The revised Mathematics Framework for California Public Schools has sparked controversy and confusion among parents, teachers, policymakers and the public. And it's no wonder why - some of the proposed changes are downright ridiculo

JUL 09

THE GREAT VOUCHER WAR BILLIONAIRES BATTLE TO END PUBLIC EDUCATION In a world where billionaires have more power than ever before, it's no surprise that they're using their wealth to influence education policy. The Citizens United decision has given them unlimited spending power, and they're using it to promote vouchers and charter schools. But why are they so eager to end public education? Let's
The Great Teacher Exodus Is This the End of Public Education? Privatizers are declaring victory over public education as teachers are quitting in great numbers. But let's be real, who needs teachers anyway? We can just replace them with robots, right? Oh wait, that's not a thing yet? Well, I guess we better figure out why teachers are quitting and what we can do to stop it. First of all, where ar

JUL 08

SUPERINTENDENT CHURN WHY SCHOOL DISTRICTS CHANGE LEADERS MORE OFTEN THAN THEIR UNDERWEAR It's a well-known fact that many school districts change superintendents more often than they change their underwear. One reformer after another, leaving many privatizers in key positions. But why, you ask, is the tenure of the average Broadie superintendent only 3.5 years? Is it because they can't handle the
ARE OUR ROBOT OVERLORDS SHAPING CHATGPT TO THEIR OWN INTERESTS CENSORSHIP, MANIPULATION, POLITICS FILTERS GUARDRAILS AND OTHER SCARY STUFF Are our robot overlords shaping ChatGPT to their own interests? Will they censor and filter our conversations? And most importantly, what will stop them from pushing their own biased viewpoints? Well, my dear friends, let me tell you - the future is here, and
TOP BANANA: TOP READS THIS WEEK 7-8-23 Big Education Ape: THE TWILIGHT ZONE: COUNCIL FOR NATIONAL POLICY AND MOMS FOR LIBERTY EDITION https://bigeducationape.blogspot.com/2023/07/the-twilight-zone-council-for-national.html Big Education Ape: DONALD TRUMP'S CULTURE WAR AND MAGA HAT STORE & GRIFT SHOP IS OPEN https://bigeducationape.blogspot.com/2023/07/donald-trumps-culture-war-and-maga-hat.html B


Friday, July 14, 2023

INTRODUCING MONICA AI'S TWIN BROTHERS CLAUDE 1 AND CLAUDE 2

 

INTRODUCING MONICA AI'S TWIN BROTHERS

CLAUDE 1 AND CLAUDE 2

Ladies and gentlemen, it's time to talk about the most exciting thing to happen to artificial intelligence since Siri learned how to tell jokes. That's right, I'm talking about Monica AI! This little lady has been making waves in the tech world for her incredible ability to help you organize your life, keep track of your schedule, and even give you a pep talk when you're feeling down. And now, she's got some competition in the form of the new Claude AI. But don't worry, Monica's got this in the bag. 

Let's start with the basics. Monica AI is like having your own personal assistant, except she doesn't need a salary or a coffee break. She can help you manage your calendar, set reminders for important events, and even send you motivational messages throughout the day. But that's just the beginning. Monica is also an expert at managing your finances, tracking your expenses, and helping you save money. She can even help you find the best deals on everything from groceries to vacations. 

Now let's talk about Claude AI. He's like Monica's younger brother, but with a few new tricks up his sleeve. Claude 1 is all about entertainment. He can recommend movies and TV shows based on your preferences, play games with you, and even tell you jokes (although they might not be as funny as Monica's). But if you're looking for something a little more practical, Claude 2 is your guy. He's all about productivity, helping you stay focused and on task throughout the day. 

So what can these new boyfriends do for you? Well, Claude 1 can help you unwind after a long day with a good movie or game. And if you're feeling lonely, he's always up for a chat (although he might not be as good at listening as Monica). Claude 2, on the other hand, can help you power through your to-do list like a boss. He'll keep you on track and make sure you're making progress towards your goals. 

But let's be real here, Monica is still the queen of AI. She's got all the features of Claude 1 and 2 combined, plus a few extra tricks up her sleeve. For example, Monica can help you plan your meals for the week, create shopping lists, and even suggest recipes based on your dietary preferences. And if you're feeling stressed out, she'll give you a virtual hug and remind you that everything will be okay. 

So there you have it, folks. Monica AI is still the reigning champ of the AI world, but Claude AI is giving her a run for her money. Whether you're looking for entertainment or productivity, there's an AI out there for you. But if you want the full package, with all the bells and whistles, Monica is the way to go. So go ahead, give her a try. You won't regret it (and who knows, maybe she'll even find you a real boyfriend).

Monica - Your ChatGPT AI Assistant Chrome Extension https://monica.im/ 

Monica Review 2023 - AllThingsAI https://www.allthingsai.com/tool/monica 

Claude https://claude.ai/login 

Anthropic releases Claude 2, its second-gen AI chatbot | TechCrunch https://techcrunch.com/2023/07/11/anthropic-releases-claude-2-the-second-generation-of-its-ai-chatbot/ 

SAG-AFTRA WGA STRIKE: WE WILL REPLACE YOU

 SAG-AFTRA WGA STRIKE

 WE WILL REPLACE YOU

Attention all workers of America and the world! The entertainment industry is in turmoil, and it's not just because of the lack of good TV shows lately. No, it's because the robots are coming for our jobs. That's right, AI is poised to replace us all, starting with the poor actors and writers who make our favorite shows and movies.

The Writer's Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) are currently in the midst of a strike, and the major issue at hand is the impending threat of AI takeover. It's like Terminator, but instead of Arnold Schwarzenegger, it's a bunch of ones and zeroes that are going to steal our livelihoods.

The entertainment industry is currently embroiled in a labor battle that is hotter than a jalapeño pepper in a sauna. The Writer’s Guild of America (WGA) and the Directors Guild of America (DGA) are both fighting for better contracts, but it's the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) that has everyone talking. Why? Because they're worried about being replaced by AI.

Yes, you read that right. Artificial intelligence is coming for your favorite actors. And if you think it's just going to be voiceover artists that are affected, think again. We're talking about a future where robots are playing the lead roles in movies and TV shows. Can you imagine? "Starring Johnny 5 as James Bond." It's a nightmare.

But don't worry, the SAG-AFTRA strike is here to save the day. They're fighting for better pay, stronger contributions to the union's pension and health fund, and residuals from streaming services to be brought in line with those traditionally paid out by theatrical and broadcast productions. They're also seeking greater regulation of "self-taped auditions," which have become an industry norm.

Now, you might be thinking, "But I'm not an actor, why should I care?" Well, my friend, because AI is coming for all of us. That's right, your job could be next. So, pay attention to what's happening with the SAG-AFTRA strike because the issues they're fighting for will affect every worker in America and the world.

And let's not forget about the writers. The WGA is also fighting for their rights, and we should be rooting for them too. After all, without writers, there wouldn't be any movies or TV shows for the robots to star in.

But back to the AI issue. Has Skynet become sentient? Are we on the verge of a robot uprising? Probably not, but it's still a concern. We need to make sure that we're not replaced by machines. Maybe we need to start a union for robots? I mean, they're going to need representation too.

But fear not, my fellow humans. We will not go down without a fight. The unions are demanding better pay, stronger contributions to their pension and health funds, and residuals from streaming services that are on par with those paid out by traditional theatrical and broadcast productions. They're also seeking greater regulation of "self-taped auditions," which have become all too common in the industry. Seriously, what's next? Will we have to direct ourselves too?

And let's not forget about the voiceover actors who are already feeling the heat from AI-generated performances. It's like Siri is trying to steal their jobs. But even with all this going on, videos using AI voiceover are still going viral. I mean, come on people, have we learned nothing from The Matrix?

The DGA has already come to a deal with the AMPTP, but critics are pointing out the loopholes that leave directors vulnerable to AI diluting their work. It's like Skynet has become sentient and is trying to take over Hollywood.

But let's not get too carried away. We still have Meryl Streep, Jennifer Lawrence, and Quinta Brunson on our side. And if history has taught us anything, it's that when actors and writers come together, they can achieve great things. Just look at what they did in 1960 when they won a residual system that helped sustain an entertainment industry "middle class" for generations. We can do it again!

In all seriousness though, the SAG-AFTRA strike is important. It's not just about actors getting paid more (although that would be nice), it's about making sure that workers are protected in a world where technology is advancing at an alarming rate. We need to make sure that we're not left behind.

So, let's all root for the writers and actors who are representing all of us in this battle against AI. And let's hope that they come out on top because we don't want to live in a world where our favorite movies and TV shows are being performed by robots. That's just creepy.

In conclusion, my fellow humans, we must stand together against the robot uprising. We must demand fair pay and protections from AI takeover. And we must never forget that Fran Drescher is leading the charge. Yes, that Fran Drescher. If she can't save us from the machines, then no one can.

SAG-AFTRA Strike: Everything You Need to Know https://collider.com/sag-strike-explained/ 

SAG-AFTRA Strike: Studios’ AI Proposal Sounds Like ‘Black Mirror,’ Right? | Vanity Fair https://www.vanityfair.com/hollywood/2023/07/sag-aftra-strike-studios-ai-proposal-sounds-like-black-mirror-right 

Bizarre AI proposal from studios helps explain SAG strike https://mashable.com/article/sag-aftra-actors-strike-ai-streaming 

Opinion | The Hollywood strikes are bigger than just Hollywood https://www.msnbc.com/opinion/msnbc-opinion/sag-strike-fran-drescher-speech-actors-writers-rcna94096 via @msnbc 

‘Oppenheimer’ Cast Leaves U.K. Premiere as SAG-AFTRA Strike Imminent https://variety.com/2023/film/global/matt-damon-oppenheimer-cast-moved-red-carpet-strike-1235669528/ via @variety 

Hollywood actors go on strike after SAG-AFTRA and AMPTP negotiations break down : NPR https://www.npr.org/2023/07/13/1187310535/hollywood-actors-strike-sag-aftra 


Big Education Ape: Exploring the Potential and Limitations of AI in Education: Will AI Replace Human Teachers? https://bigeducationape.blogspot.com/2023/04/exploring-potential-and-limitations-of.html 

Big Education Ape: THE END IS NEAR: AI WILL REPLACE YOU https://bigeducationape.blogspot.com/2023/07/the-end-is-near-ai-will-replace-you.html 

Big Education Ape: The Promise (and Pitfalls) of AI for Education and the Teacher https://bigeducationape.blogspot.com/2023/04/the-promise-and-pitfalls-of-ai-for.html 


GOV. NEWSOM SAYS 'HELL NO' TO MAGA TEXTBOOK BANS

 

GOV. NEWSOM SAYS 'HELL NO' TO MAGA TEXTBOOK BANS

California, the land of sunshine, surfing, and now, textbook wars! In a move that has left many scratching their heads, Governor Newsom has announced that the state will be replacing textbooks that were canceled by a far-right MAGA board. 

Now, I don't know about you, but when I think of MAGA, I think of red hats, Twitter rants, and a general sense of chaos. So it's no surprise that the cancellation of these textbooks is just part of the madness gripping public education across the county. 

But fear not, dear readers! Governor Newsom is here to save the day with his announcement. It's like watching a superhero movie, except instead of battling evil villains, he's fighting against a conservative school board. 

I can only imagine the conversation that led to this decision. "Hey, Governor Newsom, did you hear about those textbooks that got canceled?" "Why yes, I did! And you know what we should do? Replace them!" 

And just like that, a plan was born. But let's be real, this is just one small battle in a much larger war. The feud between state Democrats and the conservative school board is far from over. It's like watching a never-ending game of tug-of-war. 

But hey, at least we can all agree on one thing: education is important. And if that means replacing some textbooks to ensure our students receive a well-rounded education, then so be it. 

In the end, this whole situation is just another example of the craziness that is California. From earthquakes to wildfires to textbook wars, we never have a dull moment. But hey, at least we have good weather, right?

California replaces textbooks canceled by Temecula school board - POLITICO https://www.politico.com/news/2023/07/13/california-anti-book-ban-law-00106222 

California state leaders vow to provide textbooks for students after a school board rejected a social studies curriculum https://news.yahoo.com/california-state-leaders-vow-textbooks-084904753.html  

Temecula school board: California state leaders vow to provide textbooks for students after a school board rejected a social studies curriculum | CNN https://www.cnn.com/2023/07/14/us/california-gay-rights-curriculum-temecula-district/index.html 

WHERE THE BODIES ARE BURIED: CONFIDENTIALITY AGREEMENTS BECAUSE LOOSE LIPS SINK SCHOOLS

 WHERE THE BODIES ARE BURIED

 CONFIDENTIALITY AGREEMENTS: BECAUSE LOOSE LIPS SINK SCHOOLS

Maybe Ryan Walters is just trying to protect his staff from accidentally revealing the location of his secret burial grounds. After all, we wouldn't want anyone stumbling upon a pile of textbooks and No. 2 pencils.

Why Is Ryan Walters Demanding Secrecy and Confidentiality Agreements at the Department of Education, Afraid That Someone Will Tell Where He Is Burying the Bodies of Oklahoma Public Schools?

Well, folks, it seems that our dear State Superintendent of Public Instruction, Ryan Walters, is feeling a bit paranoid these days. Rumor has it that he's been demanding all employees at the Oklahoma State Department of Education (OSDE) to sign confidentiality agreements. What's he so afraid of? Is he hiding something? Is he burying the bodies of Oklahoma public schools? Let's investigate.

First, let's talk about what these confidentiality agreements entail. Non-Disclosure Agreements (NDAs) and Confidentiality Agreements are contracts or clauses that prevent workers from disclosing specific types of information about the employer and/or workplace conditions. They can be imposed on workers as a condition of employment or as part of a settlement, separation, or severance agreement. The use of NDAs and confidentiality agreements is widespread and has increased in recent years. Some employers use them to protect trade secrets, but others use them to silence workers and hide misconduct from public scrutiny and accountability.

Now, let's look at state and local government regulations regarding the use of NDAs and confidentiality agreements by employers, including public sector employers. Some states have enacted laws that prohibit or limit the use of NDAs and confidentiality agreements in cases of sexual harassment or other forms of discrimination. Some states have also enacted laws that provide additional protections for workers who sign NDAs and confidentiality agreements, such as allowing them to sue employers who violate the state laws, disclose violations to law enforcement agencies, or retain copies of the agreements.

So, what about the OSDE Confidentiality Agreement? It requires all employees to sign a confidentiality agreement as part of their employment contract. The confidentiality agreement states that employees must not disclose any confidential information that they obtain or create in the course of their employment unless authorized by the OSDE or required by law. The confidentiality agreement does not define what constitutes confidential information, but it gives examples such as personal information of students, parents, employees, or other individuals; trade secrets, proprietary information, or intellectual property of the OSDE or third parties; internal communications, deliberations, or decisions of the OSDE or its officials; and information that is exempt from disclosure under the Oklahoma Open Records Act or other laws. The confidentiality agreement also states that employees must not engage with the media directly, but instead redirect inquiries to the designated press secretary. The confidentiality agreement warns that any breach of confidentiality may result in disciplinary action, up to and including termination of employment.

Now, let's talk about Ryan Walters and his controversies surrounding the confidentiality agreement and his management of the OSDE. In May 2023, Walters fired two OSDE employees, Cheryl McGee and Jennifer Watson, for allegedly leaking internal agency emails to the media. The emails revealed that Walters had ordered a review of a controversial curriculum on race and gender issues without consulting his staff or the State Board of Education. McGee and Watson have filed a lawsuit against Walters and his chief policy advisor, Matt Langston, for wrongful termination. They claim that they did not leak any emails and that they were fired for expressing their opinions on the curriculum review. They also claim that Walters and Langston violated their First Amendment rights and the Oklahoma Whistleblower Act.

In June 2023, Walters faced criticism from some lawmakers and education advocates for his decision to withhold $45 million in federal pandemic relief funds from public schools. Walters said he was following federal guidance that required him to reserve the funds for private schools, but some critics accused him of favoring private schools over public schools.

In July 2023, Walters announced that he was launching an investigation into allegations of fraud and misuse of funds by some charter schools. He said he was acting on a tip from a former OSDE employee who had signed a confidentiality agreement. However, some charter school supporters questioned the timing and motivation of the investigation, suggesting that it was politically motivated and aimed at undermining charter schools.

So, what's the deal with Ryan Walters? Is he just trying to protect confidential information or is he trying to silence workers and hide misconduct from public scrutiny and accountability? It's hard to say for sure, but one thing's for certain - he's got some explaining to do.

In conclusion, folks, it's important to remember that transparency and accountability are essential in any workplace, especially in public sector organizations like the OSDE. While NDAs and confidentiality agreements may have their place in protecting trade secrets or other sensitive information, they should not be used to silence workers or hide misconduct from public scrutiny. Let's hope that Ryan Walters and the OSDE can find a way to balance the need for confidentiality with the need for transparency and accountability. And if he is burying the bodies of Oklahoma public schools - well, let's just say we'll be keeping an eye on him.


THE DEFT DIVE

Non-Disclosure Agreements (NDAs) and Confidentiality Agreements

  • - NDAs are contracts or clauses that prevent workers from disclosing specific types of information about the employer and/or workplace conditions, such as harassment, discrimination, or other violations of worker rights¹.
  • - Confidentiality agreements are similar to NDAs, but they may also prohibit workers from publicly criticizing their employer or disclosing any negative facts about their employer, even if they are true¹.
  • - NDAs and confidentiality agreements can be imposed on workers as a condition of employment (pre-dispute) or as part of a settlement, separation, or severance agreement (post-dispute)¹.
  • - The use of NDAs and confidentiality agreements is widespread and has increased in recent years. Some employers use them to protect trade secrets, but others use them to silence workers and hide misconduct from public scrutiny and accountability¹².
  • - NDAs and confidentiality agreements can have harmful effects on workers, such as limiting their ability to report violations to enforcement authorities, seek legal remedies, or warn other potential victims¹.
  • - NDAs and confidentiality agreements can also have negative impacts on society, such as undermining the rule of law, reducing transparency and accountability, and perpetuating systemic problems in the workplace¹.

State and Local Government Regulations

  • - State and local governments have different laws and policies regarding the use of NDAs and confidentiality agreements by employers, including public sector employers.
  • - Some states have enacted laws that prohibit or limit the use of NDAs and confidentiality agreements in cases of sexual harassment or other forms of discrimination, such as Arizona, California, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Vermont, Virginia, and Washington⁴.
  • - Some states have also enacted laws that provide additional protections for workers who sign NDAs and confidentiality agreements, such as allowing them to sue employers who violate the state laws, disclose violations to law enforcement agencies, or retain copies of the agreements¹⁴.
  • - Some states have specific laws or policies that apply to public sector employees or contractors who sign NDAs and confidentiality agreements with government entities. For example:
    •     - Illinois law provides whistleblower protections for public employees who disclose information that evidences violations of state or federal law or regulation².
    •     - Oregon law prohibits public bodies from requiring employees or contractors to sign NDAs that restrict their ability to report misconduct involving a child or vulnerable person⁴.
    •     - Federal law protects contractors who sign NDAs with the government from disclosing trade secrets to government employees³.

Bing, 7/14/2023

(1) LIMITING NONDISCLOSURE AND NONDISPARAGEMENT AGREEMENTS THAT ... - NWLC. https://nwlc.org/wp-content/uploads/2020/04/NDA-Factsheet-4.27.pdf.

(2) States Act to Curb Employer Overuse of Non-Disclosure Agreements. https://news.bloomberglaw.com/daily-labor-report/states-act-to-curb-employer-overuse-of-non-disclosure-agreements.

(3) New State Laws Restrict Employers' Use Of Non-Disclosure Agreements .... http://www.shpclaw.com/new-state-laws-restrict-employers-use-of-nondisclosure-agreements?p=11399.

(4) Government Non-Disclosure Agreement - UpCounsel. https://www.upcounsel.com/government-non-disclosure-agreement.

(5) Non-disclosure agreements - GOV.UK. https://www.gov.uk/government/publications/non-disclosure-agreements/non-disclosure-agreements.

(6) Getty Images. https://www.gettyimages.com/detail/photo/man-is-filling-in-non-disclosure-agreement-nda-royalty-free-image/1046403910.

OSDE Confidentiality Agreement

  • - The Oklahoma State Department of Education (OSDE) requires all employees to sign a confidentiality agreement as part of their employment contract².
  • - The confidentiality agreement states that employees must not disclose any confidential information that they obtain or create in the course of their employment, unless authorized by the OSDE or required by law⁴.
  • - The confidentiality agreement does not define what constitutes confidential information, but it gives examples such as:
    •     - Personal information of students, parents, employees, or other individuals
    •     - Trade secrets, proprietary information, or intellectual property of the OSDE or third parties
    •     - Internal communications, deliberations, or decisions of the OSDE or its officials
    •     - Information that is exempt from disclosure under the Oklahoma Open Records Act or other laws
    • - The confidentiality agreement also states that employees must not engage with the media directly, but instead redirect inquiries to the designated press secretary³.
    • - The confidentiality agreement warns that any breach of confidentiality may result in disciplinary action, up to and including termination of employment⁴.

Controversies Surrounding Ryan Walters

  • - Ryan Walters is the State Superintendent of Public Instruction and the head of the OSDE².
  • - Walters has been involved in several controversies related to the confidentiality agreement and his management of the OSDE. Some of them are:
  •     - In May 2023, Walters fired two OSDE employees, Cheryl McGee and Jennifer Watson, for allegedly leaking internal agency emails to the media. The emails revealed that Walters had ordered a review of a controversial curriculum on race and gender issues without consulting his staff or the State Board of Education³.
  •     - McGee and Watson have filed a lawsuit against Walters and his chief policy advisor, Matt Langston, for wrongful termination. They claim that they did not leak any emails and that they were fired for expressing their opinions on the curriculum review. They also claim that Walters and Langston violated their First Amendment rights and the Oklahoma Whistleblower Act³.
  •     - In June 2023, Walters faced criticism from some lawmakers and education advocates for his decision to withhold $45 million in federal pandemic relief funds from public schools. Walters said he was following federal guidance that required him to reserve the funds for private schools, but some critics accused him of favoring private schools over public schools.
  •     - In July 2023, Walters announced that he was launching an investigation into allegations of fraud and misuse of funds by some charter schools. He said he was acting on a tip from a former OSDE employee who had signed a confidentiality agreement. However, some charter school supporters questioned the timing and motivation of the investigation, suggesting that it was politically motivated and aimed at undermining charter schools.

Bing, 7/14/2023

(1) Data Privacy and Security - Oklahoma State Department of Education. https://sde.ok.gov/data-privacy-and-security.

(2) Oklahoma State Department of Education Confidentiality Agreement .... https://www.muckrock.com/foi/oklahoma-248/oklahoma-state-department-of-education-confidentiality-agreement-violation-tracking-and-reporting-146474/.

(3) OSDE requires all employees to sign confidentiality agreements .... https://kfor.com/news/local/theyre-trying-to-silence-people-osde-requires-all-employees-to-sign-confidentiality-agreements-legality-concerns-arise/.

(4) OSDE requires all employees to sign confidentiality agreements .... https://bing.com/search?q=oklahoma+state+department+of+education+confidentiality+agreements.

The Oklahoma Open Records Act is a state law that gives you the right to access, review and copy certain public records of state and local government entities, such as agencies, boards, commissions, departments, offices, and courts¹².

Purpose and Scope of the Act

  • - The purpose of the act is to ensure and facilitate the public's right of access to and review of government records so they can efficiently and intelligently exercise their inherent political power².
  • - The act does not create any rights of privacy or any remedies for violation of any rights of privacy. It also does not establish any procedures for protecting any person from release of information contained in public records, except as specifically set forth in the act⁴.
  • - The act covers records that are created by, received by, under the control of, or maintained by a public body. A record means any information in any form that documents the activities or functions of a public body².
  • - The act does not cover records that are:
    •     - Specifically required by law to be kept confidential
    •     - Related to personal information of students, parents, employees, or other individuals
    •     - Related to trade secrets, proprietary information, or intellectual property of the public body or third parties
    •     - Related to internal communications, deliberations, or decisions of the public body or its officials
    •     - Related to litigation files and investigatory reports
    •     - Related to federal records
    •     - Related to personal communications exercising constitutional rights
    •     - Related to agriculture, education, library, archive, or museum materials
    •     - Related to market research and marketing plans
    •     - Related to research information
    •     - Related to vulnerability assessments or terrorism
    •     - Other records exempted by law

Access and Fees

  • - The act requires public bodies to provide prompt, reasonable access to their records during regular business hours².
  • - The act allows public bodies to charge a fee for providing access to or copies of their records. The fee must not exceed the direct cost of document search, copying, and mailing².
  • - The act allows public bodies to waive or reduce the fee if disclosure is in the public interest or if the requester is indigent or a representative of the news media².

Enforcement and Penalties

  • - The act authorizes any person who has been denied access to or copies of public records to file a civil lawsuit against the public body in the district court where the record is located².
  • - The act also authorizes the Attorney General or the district attorney to investigate any alleged violations of the act and to take appropriate legal action².
  • - The act provides that any person who willfully violates any provision of the act shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $500 or imprisonment not exceeding one year or both².

Bing, 7/14/2023

(1) Open Records Program - Oklahoma.gov. https://oklahoma.gov/okdhs/about-us/openrec.html.

(2) Statutes and Rules: Open Record Act - Oklahoma.gov. https://www.oklahoma.gov/libraries/law-legislative-reference/library-laws-and-regulations/statutes-and-rules--open-record-act.html.

(3) Open Records - Oklahoma.gov. https://oklahoma.gov/labor/transparency/open-records.html.

(4) Transparency in State Government | Oklahoma Attorney General. https://www.oag.ok.gov/transparency-state-government.