6/16/14, 10:03 PM Drawing the Right Lessons from Vergara | ED.

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(http://www.ed.gov/labor-management-collaboration), including the two major teachers
unions, to spotlight and learn from examples where labor and management are working
effectively together to support students and educators.
We are also putting a strong focus on how we can support states and school districts in
more equitably providing great teachers to all students a focus intensified by the work of
our Equity and Excellence Commission (http://www.ed.gov/blog/2013/02/equity-and-
excellence-commission-delivers-report-to-secretary-duncan/). Our new Race to the Top-
Opportunity proposal would invest in states and districts willing to tackle persistent,
systemic opportunity gaps in access to resources, coursework, and effective educators. And
we are promoting policies and making investments that target the many other inequities
that can unfairly harm a childs home life, as well as their education, and reduce their
chances of going to college, being successful in a career and contributing to society.
After a dramatic, emotional week, it can be hard to recognize that theres common ground
among people and organizations that tend to be opposite each other in courtrooms, on
television and at bargaining tables. But we can align in the fight against academic failure.
It took enormous courage for 10 grader Beatriz Vergara and her eight co-plaintiffs to stand
up and demand change to a broken status quo. Itll take courage from all of us to come to
consensus on new solutions.
Arne Duncan is U.S. Secretary of Education and the former CEO of Chicagos public schools.
th
Posted by
Arne Duncan (http://www.ed.gov/blog/author/aduncan/)
a day ago ( June 15, 2014) (http://www.ed.gov/blog/2014/06/drawing-the-right-lessons-from-
vergara/)
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! Real Equality in Education Remains Elusive
(http://www.ed.gov/blog/2014/06/real-equality-in-
education-remains-elusive/)
Six Students Tell Stories About Their Educational
Successes " (http://www.ed.gov/blog/2014/06/six-
students-tell-stories-about-their-educational-successes/)
Randy Chapel says:
about 5 hours ago (http://www.ed.gov/blog/2014/06/drawing-the-right-lessons-from-vergara/comment-page-
1/#comment-422505)
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Mr. Duncan,
I find it interesting that you made the statement regarding this case, that the judge
agreed that such laws deprive students of their civil rights
For several years now, you and your department have insisted that 422 schools
collectively accredited by the Association of Theological Schools and Northwest
Commission on Colleges and Universities that operate in 39 states, the District of
Columbia, Puerto Rico, and the sovereign country of Canada by allowing the following
outrageous criteria for education that:
1. gags a student and/or family member from discussing or reporting child
molestations (CA Penal Code Sections 647.6, 11165) like the ones by Steve Korch as a
requirement to receive the benefits of prior or future course work and two master
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degrees;
2. alters and obstructs freedoms of speech and religion of a student and/or family
member as a requirement to receive the benefits of prior and future course work and
two master degrees;
gags a student whistleblower and/or family member from reporting to the
government a schools intentional misrepresentations to the U.S. Department of
Education, Office for Civil Rights regarding the schools noncompliance with Section
504 in 2001 and during a federal investigation (18 U.S.C. 1001) when the school
deceptively backdated documents during a federal investigation involving Matt Tuck,
Gary Tuck, Bert Downs, Randal Roberts, Rob Wiggins and Lynn Ruark who falsely
claimed Western had programs that did not exist (Ca Penal Code 134) in order to
retain Title IV funding that requires compliance with federal laws. Covering up the
schools deception to the government was a requirement to receive the benefits of
prior and future course work and two master degrees;
3. prevents a student and/or family member from filing or acting on complaints to the
government as a requirement to receive the benefits of prior and future course work
and two master degrees;
4. violates FERPA (20 U.S.C. 1232g; 34 CFR Part 99) at will;
5. threatens a student and/or family member with great financial vengeance of up to
$400,000 liquidated damages for filing complaints to the government, for refusing to
dismiss prior complaints to the government, and for making any statement about
unlawfulness by the school or school employees as a requirement to receive the
benefits of prior and future course work and two master degrees;
6. prohibits the student and/or family member from reporting tax fraud to the
Internal Revenue Service or the California Franchise Tax Board by a nonprofit school
and its administrators who contrived in an unwritten agreement for one of the school
administrators (Steve Korch) to receive an under the table secret excess benefit of
$25,000 that was unreported from the nonprofit schools general fund of charitable
donations, tuition fees, and Title IV funds in direct violation of the schools Articles of
Incorporation without a school committee vote recording its approval as the IRS
requires, for an educational program requirement to receive the benefits of prior and
future course work and two master degrees;
6/16/14, 10:03 PM Drawing the Right Lessons from Vergara | ED.gov Blog
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7. accreditors are not required to operate their associations under 34 CFR Part 602;
they can backdate policies and approvals, use unwritten policies, make up on the
spot or create ad hoc policies with no oversight to avert enforcement of published
accreditation policies upon a school, and to misrepresent or even destroy public
policies to benefit their member schools in order for their schools to not be held
accountable for educational and corporate fraud.
That is not all as you are well aware of.
Your staff, with your knowledge, chose to cover up educational fraud by ATS, NWCCU,
and Western Seminary that Margaret Spellings condoned in 2008 and fight me and
my parents in a no holds barred fight with public money violating our civil rights,
destroying my life and family in the process, while setting a blue print for schools and
accreditors to follow because your department, under your leadership and with the
help of the Justice department condones that accreditors claims tump the U.S.
Constitution, any State Constitution, federal and state laws as well as decisional
cases. In other words, if an accreditor is colluding with a school (which is acceptable
to you and your department) and claims that you can earn an education by covering
up child molestation or Section 504 fraud (among there things) as well as retain
previously earned education, the Dept of Education will go along with that. In this
example (one of many as you are aware), it doesnt matter that accreditors are not to
supersede their powers or override public policy. (see Mary R. v. B. & R. Corp., 149 Cal.
App. 3d 308 (1983) (non-disclosure of child molestation is a serious breach of
professional conduct and serious criminal acts. Id. at 315 is contrary to public
policy, including the covering up of all materials/discovery associated) and also Barker
v. Riverside County Office of Education, No. 07-56313 (9th Cir. Oct. 23, 2009) (The
remedies, procedures, and rights set forth in Title VI of the Civil Rights Act of 1964 . . .
shall be available to any person aggrieved by any act or failure to act by any recipient
of Federal assistance . . . .. that panel rejected the suggestion that a person under
the statute must be disabled to have standing to raise its protections: Section 504
and its anti-retaliation provision use the all inclusive phrases any person aggrieved
and any individual, and no language further limits who any person aggrieved or any
individual may be. In particular, the statutes do not include language requiring such
individuals to have disabilities in order to have standing.)
Basically, for you and your staff, if Penn State offered education to the Jerry
Sandusky victims and required educational criteria that conceals Sanduskys hideous
6/16/14, 10:03 PM Drawing the Right Lessons from Vergara | ED.gov Blog
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Sandusky victims and required educational criteria that conceals Sanduskys hideous
acts as objectives and outcomes for course work and to receive the benefits of prior
or future education, then your department will condone it as acceptable. This is what
quality education is about.
You and your staff, with the help of the Justice department (Eric Holder -> to -> James
Scharf) set out to create an outrageous precedent as a guide for all accreditors and
their schools to follow now over and against what the people and the Courts have
already decided, what Congress has made laws concerning, so that your department
could cover up government corruption and educational fraud that was ongoing with
Spellings and the ongoing rubber stamping of accreditors.
Randy Chapel
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