RESOLUTION NO. ______________ A RESOLUTION OF THE SCHOOL BOARD OF COLLIER COUNTY TO PETITION THE FLORIDA LEGISLATURE THROUGH OUR SWFL LEGISLATIV E CONTINGENT , THE GOVE RNOR, AND THE FEDERAL DEPARTMENT OF EDUCATION THROUGH OUR US CONGRESSIONAL OFFICIALS TO RECLAIM THE EDUCATIONAL SOVEREIGNTY OF THE STATE OF FLORIDA UNDER THE US CONSTITUTION FOR THE CITIZENS OF FLORIDA AND TO RESTORE LOCAL SCHOOL BOARD CONTROL OF STANDARDS, CURRICUL UM AND STUDENT ASSESSMENTS . WHEREAS, the U.S. Constitution does not grant the federal government with the specific authority to impose acts, laws, orders, rules, or regulations relating to Education, And WHEREAS, The 9th Amendment to the U.S. Constitution reads “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” And WHEREAS, The 10th Amendment to the Constitution of the United States reads as follow, “All powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to States respectively, or to the people.” And WHEREAS. Per the absence of specific, delegated authority relating to education in Article 1, Section 8 of the US Constitution and the clear language of the 9th and 10th Amendments, all education powers reside within the States and the People, And WHEREAS, The 4th Amendment to the US Constitution guarantees “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures” And WHEREAS, The Constitution of the State of Florida, Article 9, 4b provides: "The school board shall operate, control and supervise all free public education within the school district”. And WHEREAS, The Common Core State Standards are a set of academic standards, owned and copy-righted by two private membership organizations, the National Governor's Association (NGA) and the Council of Chief State School Officers (CCSSO) that the Federal Government is imposing on the States through incentives and punitive measures to force a "one size fits all" education on American students. And WHEREAS, the Federal Department of Education has played a significant role in propelling the use of Common Core throughout the nation via the ”Race to the Top ”program and “No Child Left Behind” waivers, And WHEREAS, The Florida Next Generation Sunshine State Standards result in a “one size fits all” curriculum that reconstructs US history, minimizes the reading of classical literature and destroys many students desire for learning and creative thinking. And WHEREAS, Excessive high stakes tests are derived from the Common Core Standards that impose life changing punishments on students based on a single test for 3rd grade and graduation, significantly influencing teacher pay, incentivizing them to teach to the Common Core Standards and related tests. And WHEREAS, The State of Florida requires high stakes testing that results in District and School grades, teacher pay and student retention which forces local schools and the Collier School District to adopt Common Core Curriculum and teach to high stakes tests. And WHEREAS, Common Core requires the collection and sharing to Federal agencies and large international corporations of over 400 individual and personal data points to feed a longitudinal database of massive amounts of personal student and teacher data without proper controls and violate individual rights to privacy. And NOW, THEREFORE, BE IT RESOLVED, BY THE SCHOOL BOARD OF COLLIER COUNTY, sitting in duly called session on this day, that: THE SCHOOL BOARD OF COLLIER COUNTY calls upon the Governor, and the Florida Legislature through the SWFL legislative contingent to pass legislation that restores the control of standards, curriculum, and assessments to the Local County School Districts under State of Florida, Article 9, Section 4b. Be it further resolved, THE SCHOOL BOARD OF COLLIER COUNTY calls upon the Governor, and the Florida Legislature through the SWFL Legislative Contingent of the Florida House of Representatives and the Florida Senate to immediately pass an act repealing the Common Core Standards Content of the Next Generation Sunshine State Standards, Curriculum and High Stakes Testing that are being imposed through incentives and punitive actions by the Federal Department of Education and State Government agencies in violation of the Constitution of the United States, the US Bill of Rights and the Constitution of the State of Florida, violating its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in the State of Florida. Be it further resolved, THE SCHOOL BOARD OF COLLIER COUNTY calls upon the US Congressmen Curt Clawson and Mario Diaz-Balart and US Senators Bill Nelson and Marco Rubio to use all actions necessary through the utilization of their respective powers to halt the implementation of Common Core Standards in Florida, including Next Generation Sunshine State Standards that drive Common Core Curriculum, High Stakes Testing and violate individual rights to privacy and to protect the State of Florida from retribution by the Federal Department of Education. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same on this the ____ day of ____________, 2015. SCHOOL BOARD OF COLLIER COUNTY, FLORIDA Signed By: Kathleen Curatulo, Chair__ _________________ Approved as to form and legal sufficiency: ________________________ Jon Fishbane Attorney. Collier County District General Counsel