Saturday, 30 August 2014

Buyer's remorse on Common Core for policymakers?


Millions of students will sit down at computers this year to take new tests rooted in the Common Core standards for math and reading, but policymakers in many states are having buyer's remorse.


The fight to repeal the standards has heated up in Ohio, with state Rep. Andy Thompson, a Republican, saying it's kind of "creepy the way this whole thing landed in Ohio with all the things prepackaged."


It's playing out in Louisiana, where GOP Gov. Bobby Jindal is in a nasty feud involving his former ally, Education Superintendent John White. Jindal has sued the Obama administration, accusing Washington of illegally manipulating federal grant money and regulations to force states to adopt the Common Core education standards.


The standards were scrapped this year in Indiana and Oklahoma. Governors in North Carolina, South Carolina and Missouri have signed legislation to reconsider the standards, even though they still will be used in those three states this fall.


Like many critics, Thompson and Jindal base their opposition on federal support of the standards. But states led the Common Core movement that really took off in 2009 and that effort was voluntary.


The administration offered incentives to states to adopt college and career-ready standards, and Common Core fit the bill. The incentives included cash grants and permission to ignore parts of the much-maligned No Child Left Behind law.


The standards emphasize critical thinking and spell out what reading and math skills students should grasp at each grade level, while leaving how those skills are mastered up to districts and states. The hope was that higher standards shared across state lines would allow for shared resources, comparable student performance measures and smoother school-to-school transitions for children who move, such as military kids.


Nearly every state adopted the standards.


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DEBATE SPREADS


The debate over Common Core has spilled into the national political realm. Among potential GOP presidential candidates in 2016, former Florida Gov. Jeb Bush supports the standards; Jindal, Indiana Gov. Mike Pence and Kentucky Sen. Rand Paul do not.


Teachers' unions, historically aligned with the Democrats, endorsed the standards and helped develop them. But they now complain about botched efforts to put them in place and say it's unfair to use Common Core-based assessments in new teacher evaluation systems rolling out in much of the United States.


The issue has gotten pulled into a general anti-testing backlash in parts of the country. To ease the testing concerns, Education Secretary Arne Duncan recently said he would allow states to delay using students' test scores in teacher evaluation systems.


"What really has happened is that this has become a politicized issue and it's become an ideological symbol, interestingly, on both sides," said Patrick McGuinn, a political science professor at Drew University. He said the standards and the assessments designed under them are generally considered acceptable or of high quality.


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CLASSROOMS PREPARE


Far from the political discourse, American classrooms continue to be transformed by the use of the standards, with new curricula developed and teachers trained. Some parents are perplexed by the new ways their children are completing their lessons.


Supporters like former Georgia Gov. Sonny Perdue, a Republican who helped lead the governors' group that identified the goals set by Common Core, say politics and mistruths have hijacked a needed and effective education overhaul.


The standards were a response from governors in a defensive mode to keep the federal government out of education, Perdue said, and he supported the changes out of concern for U.S. students' global competitiveness. The U.S. Chamber of Commerce is among backers.


"It's just a situation that I don't think should have become political, which has become politically toxic and I don't really know how to decontaminate that," Perdue said.


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SHIFTING PUBLIC OPINION


A PDK/Gallup Poll released Aug. 20 found a dramatic change in the number of people aware of the standards. Last year, two-thirds of those surveyed said they'd never heard of the standards. This year, 81 percent said they had — and 6 in 10 said they oppose them.


Daniel A. Domenech, executive director of the national organization representing school superintendents, said polling provides more evidence it's important to "slow down to get it right."


This school year marks a milestone. This coming spring, roughly 11 million students in more than half the states are expected to take new computer-based assessments aligned with Common Core standards that were developed by two groups of states to replace the standardized tests that had been used.


States can choose the assessment to be used, but those decisions have not been without controversy. Some states, including Georgia and Michigan, that originally joined the consortiums, have dropped out and opted for different tests.


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AWAITING RESULTS


The rollout of Common Core-based tests will be watched closely for computer glitches and other problems, as well as to see how well students perform.


The ambition of Common Core is "quite broad," said Jonathan Supovitz, co-director at the Consortium for Policy Research in Education at the University of Pennsylvania. He said the standards have the potential to bring new tools and technologies into classrooms and lead to greater student mastery of subjects, but it will take time.


"This is not going to happen overnight. It's going to take lots of resources and lots of teacher exposure to new ways of doing things and we're just at the beginning of that process," Supovitz said.


Many state lawmakers aren't willing to wait.


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STATE PUSHBACK


Jindal initially supported Common Core. He said that's because the standards were first presented as a bottoms-up approach, but "the reality is what it has become is another tool for the federal government to try to dictate curriculum."


He suspended contracts that the state Department of Education planned to use to buy testing material aligned with the standards. White and education board leaders say the governor overstepped his legal authority, and they sued. A state district judge has since said the governor's actions were harmful to parents, teachers and students and he lifted Jindal's suspension of the contracts. The decision allows White to move ahead with Common Core-tied testing plans until a full trial is held later over the legality of Jindal's executive orders against the standards.


At the same time, 17 state lawmakers who oppose the standards have lodged their own legal challenge, but lost their first round in court.


Education Secretary Arne Duncan has criticized the Jindal's opposition to Common Core as politically driven. In a June interview with "CBS This Morning," the secretary said of Jindal's switched position: "It's about politics, it's not about education."


In Ohio, some teachers have raised concerns about how the standards came out, Ohio Federation of Teachers president Melissa Cropper said, but most largely support them. Some of the state's largest urban districts, such as Cleveland and Columbus, have spent two years and lots of money preparing for the rollout that started this school year, she said.


Cropper urged state lawmakers to stay the course with the standards, which were adopted in 2010.


"All that time, energy and resources would be wasted," Cropper said. "I think it will absolutely throw our districts in chaos."


State Rep. Thompson, whose wife is a Spanish teacher, isn't convinced. He says Ohio and other states adopted the standards in the wake of the economic downturn because they were in desperate need of money.


"When you take federal leverage, it affected people's behavior," Thompson said.


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OTHER VOICES


Parents and educators opposed to the standards in Ohio were allotted three full days of hearings in mid-August to discuss the merits of replacing Common Core. Defenders of the standards were relegated to holding news conferences.


Lincoln Bramlage, a father of three from Ottawa-Glandorf in northwest Ohio, said the standards are "hardly relevant." He added: "We need to fight for the teachers and the kids. This is not education. It's indoctrination."


Carrie Moenster, a parent and teacher, said she's seen her fourth-grade students in tears because they couldn't understand math standards that she called "abstract and developmentally inappropriate."


"One child who was once very confident comes up to our desks repeatedly while working on an independent assignment because he doesn't trust his own mind and judgment anymore," she said.


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Hefling reported from Washington. Associated Press writers Kathleen Foody in Atlanta, David Eggert in Lansing, Michigan, and Melinda Deslatte in New Orleans contributed to this report.


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Online:


Common Core: http://bit.ly/1qfAxAw


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Follow Kimberly Hefling and Julie Carr Smyth on Twitter: http://bit.ly/1ncHLkg and http://bit.ly/1qfAvIY


EDITOR'S NOTE - The latest in an occasional look at education as students return to the classroom.



50-state look at how Common Core playing out in US


A state-by-state look at the Common Core standards:


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ALABAMA


The state school board folded Common Core into the state's College and Career Ready Standards for public schools and has been defending the decision ever since.


Legislators introduced bills in 2013 and 2014 to repeal the standards. The repeal movement drew support from tea party groups, but Senate President Pro Tem Del Marsh, a Republican, blocked the bills with the support of one of the state's most powerful business groups, the Business Council of Alabama.


By Phillip Rawls.


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ALASKA


The state did not adopt Common Core, although several Alaska school districts did. Deputy Education Commissioner Les Morse said those districts will be held accountable for ensuring that student learning is in line with the state standards in English, language arts and reading that were adopted in 2012. The state standards have some similarities with Common Core.


By Becky Bohrer.


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ARIZONA


Republican Gov. Jan Brewer has tried to defuse criticism about the Common Core standards by issuing an executive order renaming them as "Arizona's College and Career Ready Standards," and reaffirming that Arizona is acting independently from the federal government.


A legislative effort to kill the standards failed this spring.


By Bob Christie.


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ARKANSAS


The Arkansas Board of Education adopted the Common Core standards in 2010, with an effective date of this fall. The Legislature endorsed the board's decision during its 2011 regular session.


A few teachers, parents and national groups asked legislators last year to repeal the standards, and a state lawmaker this year attempted to bring up a bill to delay their imposition for three years. Neither effort gained traction.


By Kelly P. Kissel.


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CALIFORNIA


Most California schools are expected to begin basing instruction on the Common Core standards during the coming school year. Gov. Jerry Brown and the Democrat-controlled Legislature have allocated more than $1.2 billion, about $200 per student, for school districts to spend on teacher training, materials and technology over two years.


California is part of the Smarter Balanced Assessment Consortium that is developing online tests in math and language based on the Common Core. The state has resisted the department's call for teacher evaluations to be based in part on standardized test results.


By Lisa Leff.


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COLORADO


As in many states, the Common Core standards have prompted opposition in Colorado from some conservatives.


The Democratic-controlled Legislature rejected a proposal that would have ordered a yearlong delay for new statewide tests while the standards were reviewed. Colorado is part of a multistate testing consortium, Partnership for Assessment of Readiness for College and Careers, and students are set to take the PARCC test this school year.


By Kristen Wyatt.


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CONNECTICUT


In June, Democratic Gov. Dannel P. Malloy committed spending an additional $15 million to continue launching Common Core in the state's public schools. That includes $10 million in borrowing for new school technology, one of the recommendations of a task force created by Malloy in March after teachers and education professionals raised concerns about whether schools were prepared for incorporating the new standards.


While some of Connecticut's public school districts have begun using the new Common Core standards, others have lagged behind. The issue has become a political one for Malloy, who faces re-election. Both his Republican challenger and a potential petitioning candidate have criticized the rollout of Common Core.


By Susan Haigh.


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DELAWARE


The state is moving forward as Democratic Gov. Jack Markell, a former co-chairman of the Common Core standards initiative, works to dispel notions that they are a federal initiative aimed at the states.


In the spring, students in grades three to eight, and 11th grade will take the new Smarter Balanced assessments in English and mathematics that are tied to Common Core. State education officials have agreed to a one-year delay, subject to federal approval, in using the test results in teacher evaluations. The delay takes into account concerns of the Delaware State Education Association, the teachers' union.


By Randall Chase.


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DISTRICT OF COLUMBIA


District of Columbia public schools began implementing the standards voluntarily in 2010. School leaders are making one major concession: Teachers won't be evaluated based on their students' performance on new, Common Core-aligned standardized tests this school year.


That decision made news because the district has moved aggressively to align teacher evaluations with student test scores. The Education Department was initially critical of the policy change, saying it represented a slowdown of the District's school-reform efforts. Hundreds of District teachers have been fired after receiving poor evaluations, while the top performers have received bonuses.


By Ben Nuckols.


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FLORIDA


Florida officials tweaked the standards among a growing backlash. Beginning the fall, the "Florida standards" will be used in state classrooms.


While some have asked GOP Gov. Rick Scott and legislators to jettison the standards, high-ranking Republicans have tried to tamp down the controversy in other ways.


For example, legislators passed a measure that repealed more than 30 mentions of Common Core that were placed into state law just a year ago. Scott initially backed Common Core standards. But after complaints from grassroots conservative groups and activists, he called for public hearings and set the groundwork for the state to pull out of a consortium developing a national test to see if school children are meeting the new standards.


By Gary Fineout


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GEORGIA


Some Republican lawmakers have pushed bills for two years opting out of Common Core, which are supported by Republican Gov. Nathan Deal, backed by the Georgia Chamber of Commerce and former Gov. Sonny Perdue who co-chaired the governors group that created the standards.


Republicans who control the Legislature compromised by forming a study committee to review the standards' origins. Georgia dropped out of a national consortium developing tests in line with Common Core in July 2013, saying it was too expensive. The state signed a contract this summer with CTB/McGraw-Hill to develop its own exam that students are scheduled to take during the coming school year.


By Kathleen Foody.


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HAWAII


Hawaii's Department of Education is asking the public to review test questions aligned to Hawaii Common Core standards and help recommend achievement levels for grade-level proficiency.


Beginning next spring, students will take new Common Core-aligned assessments that will replace the Hawaii State Assessment.


By Jennifer Kelleher.


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IDAHO


There's been growing opposition to Common Core in Idaho, with calls for reconsideration, even repeal, in the three years since the standards were adopted. But schools are slowly moving forward to put them in place, including the Smarter Balanced Assessment Consortium exams.


So far, efforts to repeal the standards have failed. As the November election approaches, both the Republican and Democratic candidates for state superintendent have said they will work to improve implementing the standards but have not said they must be repealed.


By Kimberlee Kruesi.


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ILLINOIS


Illinois started to adopt the Common Core standards in 2010, and fully implemented them last school year. Next spring, the PARCC tests linked to Common Core standards will be used in school districts across the state.


The tests will be given to students in grades three to eight, but only partially rolled out in high school because the state board of education had its budget request for assessments cut by $10 million. The ACT exam has been a state mandated assessment for high school juniors in recent years and doubles as a college entrance exam.


By Kerry Lester


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INDIANA


Indiana formally ended its participation in Common Core this past spring, when Republican Gov. Mike Pence signed a measure pushed by conservative Republicans. But a key change in the legislation, mandating that any Indiana standards qualify for federal funding, spurred the bill's original author, state Sen. Scott Schneider, a Republican, to withdraw his support.


The state Board of Education approved new education standards in April, a rare moment of agreement between Pence and Democratic Schools Superintendent Glenda Ritz. But the new standards drew criticism from conservatives and tea partyers who said they were too similar to the Common Core requirements.


By Tom Lobianco.


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IOWA


Many of the Common Core components have been blended into Iowa's statewide standards, known as the Iowa Core.


Conservatives in Iowa have attacked the Common Core, but efforts to change the state program have not been successful. But GOP Gov. Terry Branstad last year signed an executive order clarifying that the state would continue to maintain control over education standards and testing, not the federal government.


By Catherine Lucey.


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KANSAS


The state Board of Education adopted the Common Core reading and math standards in 2010, but in recent years they have been attacked by conservative Republicans, who say they're too expensive. Earlier this year, the state Senate attached a provision to an education funding bill that would have blocked their implementation, but it was dropped in the final version of the bill.


The board is moving ahead with developing student tests tied to the standards.


By John Hanna.


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KENTUCKY


In Kentucky, state lawmakers passed a bill in 2009 that set more rigorous academic standards, new assessments and a new accountability system. Kentucky followed up a year later by adopting Common Core and then in 2013 next-generation science standards. The new standards are known as the Kentucky Core Academic Standards.


Teachers first taught the new English/language arts and math standards in the 2011-12 school year. Students began testing on those new standards that same year.


By Bruce Shreiner.


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LOUISIANA


GOP Gov. Bobby Jindal, a one-time Common Core supporter and a potential presidential candidate in 2016, has sued the Obama administration, accusing Washington of illegally manipulating federal grant money and regulations to force states to adopt the Common Core education standards.


Lawmakers this year rejected several attempts to strip Common Core from classrooms and a majority of the education board voted to continue using the standards.


Jindal suspended contracts that the state Department of Education planned to use to buy testing material aligned with the standards. The education superintendent, John White, and education board leaders say the governor overstepped his legal authority, and they sued.


A state district judge has since said the governor's actions were harmful to parents, teachers and students and he lifted Jindal's suspension of the contracts. The decision allows White to move ahead with Common Core-tied testing plans until a full trial is held later over the legality of Jindal's executive orders against the standards.


At the same time, 17 state lawmakers who oppose the standards have lodged their own legal challenge, but lost their first round in court.


By Melinda Deslatte.


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MAINE


Two groups opposed to the reading, writing and math benchmarks are trying to collect enough signatures to trigger a statewide vote in 2015 to repeal them.


Maine Education Commissioner James Rier says he spends much of his time fielding calls from people with a misunderstanding of the standards, adopted in 2011 in Maine. The state is now assembling a team of educators and businesspeople to look at updating the standards for math and English language arts, he said. Any changes would have to be approved by the Legislature.


By David Sharp.


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MARYLAND


Maryland schools began implementing the standards in reading and math two school years ago, and will begin using the PARCC test during the upcoming school year.


In this year's legislative session, Maryland lawmakers voted by large margins to address some issues that have arisen with Common Core in the state. For example, test scores won't be used in teacher and principal evaluations for at least the next two years. In addition, a workgroup including teachers and parents will be formed to improve implementation.


By Brian Witte.


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MASSACHUSETTS


The Board of Elementary and Secondary Education adopted the standards in July 2010, and they became part of the state curriculum the following year. The state is also in the middle of a two-year trial of the PARCC.


The new standards are being challenged by a grassroots group, known as the Common Core Forum, which argues the state's standards should not be dropped and replaced. The group of parents, teachers and local elected officials has called for repeal of the new standards and more transparency from the state.


By Michael Melia.


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MICHIGAN


In Michigan, the 2014-15 school year was supposed to be the first in which students would take exams developed by the Smarter Balanced consortium. But lawmakers balked, despite last year ultimately letting the state continue spending dollars implementing the standards after vigorous debate.


Legislators later directed the state not to administer the Smarter Balanced test this coming academic year. Instead, it must develop Michigan Educational Assessment Program tests that align with Common Core. The new assessment is to be given starting in the spring of 2016.


By David Eggert.


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MINNESOTA


Minnesota has adopted only the English and language arts standards portions of Common Core but augmented them with more rigorous content developed close to home. The state had already redrawn its math standards.


Rather than joining the national testing groups related to Common Core, Minnesota went with its own assessments.


By Brian Bakst.


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MISSISSIPPI


Mississippi schools are supposed to be fully teaching based on the standards this year, and Mississippi plans to use the PARCC tests for most of its state standardized testing beginning this spring.


Attempts were made earlier this year by some lawmakers to roll back the state's implementation of Common Core, but those proposals failed by wide margins.


But Republican Gov. Phil Bryant has called Common Core a "failed program" and said he expected lawmakers to address the standards in the 2015 legislative session. State Superintendent Carey Wright has pushed back against Bryant, saying his description of Common Core is a "gross mischaracterization" and saying students "deserve the opportunity to perform to higher expectations."


By Jeff Amy.


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MISSOURI


Public schools in Missouri have transitioned to the standards, but a new state law backed by opponents could get rid of them.


In July, Democratic Gov. Jay Nixon signed a measure passed by the Republican-led Legislature that creates task forces of parents and educators to develop new state standards for English, math, science and history to be implemented during the 2016-2017 school year.


By David Lieb.


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MONTANA


Montana students for the first time will take a test linked to the standards. There was a trial of the test last spring.


Office of Public Instruction Superintendent Denise Juneau said some schools are behind in curriculum development, teacher training and acquiring textbooks or other equipment to teach to the new standards. The 2013 Legislature rejected proposals to allocate money for training and equipment, and state Sen. Roger Webb has submitted a bill request for the 2015 session to bar any funding for the standards.


By Matt Volz.


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NEBRASKA


Nebraska has not adopted the standards, and uses state standards developed by teachers, said Betty VanDeventer, a spokeswoman for the state Department of Education. By law, they're reviewed once every five years.


A study commissioned by the department last year found that Nebraska's language arts standards are as tough as those of Common Core and more demanding in some areas. The study said Nebraska's math standards cover most of the national Common Core content. Some material is introduced in later grades, but the study said it's often presented in greater depth.


By Grant Schulte.


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NEVADA


Opponents have spoken out against the standards at state school board and interim legislative meetings, and coalesced into a group called Stop Common Core Nevada. Some are working with lawmakers in hopes of introducing a bill next year to repeal the measures.


Meanwhile the Nevada Board of Education now refers to the Common Core name as the Nevada Academic Content Standards, and the state superintendent has launched a communications initiative called Nevada Ready to inform parents and the public about the new standards. The Wynn Family Foundation, funded by casino mogul and state school board president Elaine Wynn, has provided $200,000 to the public relations campaign.


By Michelle Rindels.


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NEW HAMPSHIRE


Local school boards are not required to adopt the Common Core standards, even though they have been endorsed by the state Board of Education. But state assessment tests, which students will begin taking next spring, must be aligned to the standards.


The Legislature defeated several bills this spring aimed at ending or scaling back the state's involvement in the standards.


By Holly Ramer.


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NEW JERSEY


New Jersey is moving ahead. Beginning with the coming school year, schools will be required to use PARCC tests to measure how well students are learning the curriculum.


The Democrat-dominated Legislature wanted to delay consequences of those tests for at least two years until a review of the standards could be completed. That would have meant that the tests could not have been used as part of teacher evaluations.


In a compromise, Gov. Chris Christie, a Republican, took executive action that said the exams will count for teachers' grades, but they'll be given lower weight over the first two years. He also established a commission to review the effectiveness of student testing.


By Geoff Mulvihill


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NEW MEXICO


Republican Gov. Susana Martinez's administration has been a strong advocate of the Common Core standards, and students in grade three to 11 will take online tests aligned to the standards for the first time this spring.


The standards have been phased in, and teachers in all grades during the last school year, 2013-2014, were to have integrated Common Core into their classroom curriculum. There has been no push in the Democratic-controlled Legislature to back away from the standards.


By Barry Massey.


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NEW YORK


Dissatisfaction with Common Core and the tests based on them led thousands of New York parents to "opt out" of the 2014 exams, and state lawmakers approved a measure last month that delays the use of the test results in some teacher evaluations.


The Common Core has become an issue in the New York governor's race. Rob Astorino, the Republican who aims to unseat incumbent Democrat Andrew Cuomo, is seeking to capitalize on opposition to the standards by putting a "Stop Common Core" party on the November ballot. If enough people sign petitions for the party, Democrats and independents who oppose the Common Core could use the ballot line to vote for Astorino without voting Republican.


By Karen Matthews.


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NORTH CAROLINA


North Carolina Gov. Pat McCrory signed legislation in July to rewrite Common Core, creating a commission to come up with new reading and math standards.


Common Core will be in place in the state until the new standards are created and implemented. The commission can choose to integrate parts of the current Common Core into the new standards.


By Katelyn Ferral.


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NORTH DAKOTA


North Dakota adopted Common Core standards in 2011, and began to fully implement them during the 2013-14 school year. Assessments based on the new standards will start for all students next spring.


North Dakota lawmakers have remained mostly silent on the new standards.


By James MacPherson


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OHIO


Republican lawmakers in the Ohio House are beginning a push to repeal Common Core learning standards by year's end, citing widespread discontent they say they're hearing from parents, teachers and communities.


It's unclear whether the bill could pass. Districts already are well on their way to implementing the standards, which have the backing of a diverse coalition of Ohio groups including teachers' unions, superintendents, the Urban League and the Ohio Chamber of Commerce.


By Julie Carr Smyth.


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OKLAHOMA


Gov. Mary Fallin, a Republican who strongly supported Common Core as head of the National Governors Association, reversed course this year and signed into law a repeal of the standards.


In response, the federal government on Thursday did not renew the state's waiver involving stringent requirements in the No Child Left Behind law. The move stripped Oklahoma's power to decide how to spend $29 million in education dollars. The Obama administration said the state no longer could demonstrate that its school standards were preparing students for college and careers.


Education officials estimate that about 70 percent of Oklahoma's more than 500 school districts already had integrated the Common Core standards into their textbooks, teaching methods or curriculum. Now, districts are being directed to return to the Priority Academic Student Skills, or PASS standards, that were in place in 2010, until the state develops its own new standards. That process is expected to take up to two years.


By Sean Murphy.


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OREGON


Eighty percent of Oregon teachers who responded to a statewide survey this spring said what's being taught in their school aligns with the skilled required by Common Core.


But there has been grumbling.


Dennis Richardson, the Republican gubernatorial candidate, said he opposes Common Core. Meanwhile, Portland Public Schools, the state's largest school district, asked the state to delay using Common Core-aligned testing to evaluate teachers, students, school districts and individual schools. State education officials have asked the Education Department to grant a one-year delay in using results from the new, Common Core-aligned assessments as part of a teacher's evaluation.


By Steven DuBois.


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PENNSYLVANIA


Pennsylvania's version, known as Pennsylvania Core Standards, took effect in March.


They were developed in part by examining the national Common Core but are not identical. At least one state lawmaker is attempting to get them repealed, and others have spoken out against them.


By Mark Scolforo.


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RHODE ISLAND


The Common Core standards have been in place since the start of the 2013-2014 school year, and students will take the first assessments aligned with them next spring. The state is using the PARCC.


The state's largest teachers union, National Education Association Rhode Island, has criticized the Common Core standards — including the pace of implementation — and what it considers an overemphasis on standardized tests. During debate over use of another test as a high school graduation requirement, state lawmakers generally expressed support for the standards and the alignment of the curriculum with the PARCC test.


By Erika Niedowski.


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SOUTH CAROLINA


A South Carolina law signed May 30 requires new standards to replace Common Core by the time students walk into classrooms in August 2015. Meanwhile, full implementation of Common Core, to include aligned testing, continues as planned this school year.


Many legislators saw the new law as a way to satisfy the opposition by essentially stepping up a review that would have occurred anyway, expecting little to change. Leaders of the state Board of Education and Education Oversight Committee — the two groups that must approve any changes — said there's no time to start from scratch.


But Superintendent Mick Zais, a Republican who didn't seek a second term, insists there is and that there will be no simple editing of Common Core. An agreed-to timeline calls for the new standards to receive final approval in March.


By Seanna Adcox.


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SOUTH DAKOTA


South Dakota began to fully implement the standards during the 2013-2014 school year.


A number of bills seeking to scrap the Common Core standards failed during the 2014 Legislature. Lawmakers, however, approved a bill that would delay the adoption of multistate standards in any other subjects until after July 2016. GOP Gov. Dennis Daugaard signed the bill in March.


By Regina Garcia Cano.


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TENNESSEE


During the last Tennessee General Assembly, lawmakers proposed several measures to do away with the state's Common Core standards. All of them failed.


But lawmakers voted to delay the testing associated with Common Core for one year. Republican Gov. Bill Haslam reluctantly signed the measure. He said the standards are needed to better prepare students for college and the workforce and play a role in attempt to raise the state's high school graduation rates from the current 32 percent to 55 percent by the year 2025.


By Lucas L. Johnson II.


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TEXAS


Texas refused to adopt Common Core, instead mandating curriculum standards known as the Texas Essential Knowledge and Skills, though as much as two-thirds of the state's math standards are thought to overlap with Common Core requirements.


Conservatives continue to worry about Common Core seeping into Texas classrooms, so much so that the Legislature in 2013 passed a law expressly forbidding school districts from using it as part of lesson plans. Then, in June, Republican Texas Attorney General Greg Abbott, the front-runner in November's governor's race, issued an opinion reiterating that schools using Common Core standards "in any way" would violate that law.


By Will Weissert.


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UTAH


Gov. Gary Herbert, a Republican, has defended the state's Common Core standards, which are generally referred to as Utah Core or Utah Core Standards.


But after protests and swelling complaints from conservative activists, Herbert has asked the state attorney general's office to review the adoption of the standards and to report the level of control Utah and local districts and schools have over curriculum. He also asked education experts to review how well the standards will prepare students for success and established a website where parents and others can leave comments about the standards.


Utah passed a law two years ago that requires the state to abandon any agreements or contracts if Utah's control of standards or curriculum is ceded to the federal government. Earlier this year, the Legislature passed and Herbert signed a measure creating a standards review committee.


By Michelle Price.


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VERMONT


Common Core was introduced to Vermont educators in 2010 and this year schools are expected to have their curriculum fully aligned with the standards.


The agency has heard about pockets of parents who are upset. But Pat Fitzsimmons, the Common Core implementation coordinator for the state's Agency of Education, says there's been misinformation. She said some opponents are upset about the Smarter Balanced Assessment, to be given in 2015, and have concerns about technology involved and protecting student data.


By Lisa Rathke.


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VIRGINIA


Virginia refused to participate in the national Common Core system, instead deciding in 2010 to strengthen its own Standards of Learning.


The state introduced new standardized math tests in 2012 and more rigorous reading, writing and science assessments in 2013. The state is reducing the number of standardized exams that middle and elementary school students have to take from 22 to 17.


In addition, state Secretary of Education Anne Holton has appointed a 20-member committee to study the Standards of Learning and make recommendations to the Virginia Board of Education and the General Assembly on ways to improve SOL tests and student growth measures, and encourage innovative teaching.


By John Raby.


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WASHINGTON


Washington state adopted the new Common Core standards for math and English in 2011 and began using them in its public schools the following school year. During the coming school year, tests aligned to the standards will be used instead of the previous state-developed system.


Washington teachers and their union have expressed concern about both the new education standards and the new tests, saying they need more time to get used to the new program before they are judged on how well their students are doing. The Legislature decided not to require test scores to be part of the teachers' evaluations, resulting in the state's loss of its waiver from the requirements of the federal No Child Left Behind Law.


By Donna Blankinship


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WEST VIRGINIA


In 2010, the West Virginia Board of Education approved Common Core state standards for math and English, customizing the content specifically for the state's students. More than 100 teachers developed the content standards aimed at giving teachers more focus and flexibility while preparing students to be college and career ready.


The transition must be complete in all grades by this fall, but the state is allowing counties to determine how to adopt the changes.


By John Raby.


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WISCONSIN


Republican Gov. Scott Walker, a potential 2016 presidential candidate facing re-election this year, has called for repeal of the standards, a move opposed by his Democratic opponent in the governor's race, Mary Burke.


Repeal also is opposed by the nonpartisan state superintendent of schools, who argues changing course now after spending millions of dollars to implement the Common Core the past four years would send Wisconsin schools into chaos. Testing tied to the standards will begin this spring.


By Scott Bauer.


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WYOMING


Some Wyoming school districts have implemented the standards, which were adopted in 2012, but critics have been persistent in speaking out against them.


A bill to repeal the standards in Wyoming failed to get enough votes for consideration in last winter's legislative session. Under state law, the standards will be up for review again in 2017.


By Bob Moen.



Plant with 200 workers closing in Chatham County


A plant that makes industrial fibers is closing in Chatham County, leaving at least 140 people without a job.


Local media outlets report that Performance Fiber filed paperwork saying it would have mass layoffs as it closes its plant in Moncure by Oct. 27.


The company says the plant has about 200 workers, and about 60 of them will be given the chance to transfer to another plant about 90 miles away in Salisbury.


Chatham County Manager Charlie Horne says the county hopes the plant's site can be can be redeveloped into an industrial park.


Officials with Performance Fiber didn't talk about the closing.



FedEx building new distribution center


Land is being cleared in St. Tammany Parish for a 175,000 square-foot distribution center for Federal Express.


Parish Economic Development Director Don Shea tells NOLA.comThe Times-Picayune (http://bit.ly/1qSyT87 ) construction is expected to begin this fall and take about 15 months.


Shea says the distribution center will bring 800 new jobs.


The site is on 15 acres at a business park west of Covington. Shea says road improvements are planned.


Jesse Bull, a FedEx spokesman in Pennsylvania, said Friday he could not provide information about the project.


Business park owner Chris Lopez says he can't discuss the project due to confidentiality agreements. He says the park sold land to Jones Development Co. The Kansas City, Missouri, company does development work across the country for FedEx.


FedEx is headquartered in Memphis, Tennessee.



Made in America concert set to rock Los Angeles


Downtown Los Angeles is ready for its inaugural outdoor music festival Saturday despite concerns from residents about possible security and traffic issues.


The Budweiser Made in America concert in Grand Park marks the West Coast expansion of the two-day festival that rap mogul Jay Z launched in Philadelphia in 2012.


Los Angeles Mayor Eric Garcetti has championed the Made in America event, fast-tracking it through city approvals.


"There's no question there will be economic benefit" for the city, he told reporters Friday.


The mayor is among the 35,000 people expected to attend the multi-stage show near Los Angeles City Hall — the first time Grand Park is being used for a large, ticketed event. Police will be present in force and several streets in the area are closed to accommodate the concert.


Dozens of acts are set to perform, including Kanye West, who will headline in Philadelphia on Saturday and Los Angeles on Sunday. Other performers scheduled for Los Angeles include Cypress Hill, Iggy Azalea, Weezer, Kendrick Lamar, John Mayer and Imagine Dragons. The event also includes beer gardens, vendors and various food trucks.


Concert promoter Live Nation paid the city $500,000 to cover setup and security costs, said Garcetti spokesman Yusef Robb. It also promised to pay for cleanup and any property damage, he said.


Officials anticipate the festival to be an economic boon for the city, Robb said, citing a reported $10 million infusion in Philadelphia during past Made in America events. This weekend's festival at Philadelphia's Benjamin Franklin Parkway kicked off earlier Saturday with a performance by Young & Sick. Other featured acts include Pharrell Williams, De La Soul, The National, Tiesto and Kings of Leon.


Tickets are still available for all shows.


"The reason why Mayor Garcetti worked so hard to secure this event was ... to boost our economy by activating a space that's otherwise dead over Labor Day weekend," Robb said, "and hopefully attract other live events to our city by showing we can get it done."



Follow AP Entertainment Writer Sandy Cohen at http://bit.ly/1f6VgRc .


Legislature ends with water, ethics, guns bills


State lawmakers have wrapped up their two-year session by sending Gov. Jerry Brown bills dealing with groundwater regulations, political ethics and guns, all driven by high-profile issues captivating Californians.


They adjourned early Saturday morning, a day before the bill deadline.


Among their last acts was approving a package of historic groundwater regulations amid the worst drought in a generation. The bills would require some local governments develop plans for managing fast depleting basins.


The Legislature also approved a pair of campaign-disclosure bills. They followed a flurry of ethics proposals after two Democratic senators were arrested on federal corruption charges this year.


Another bill allows judges to prohibit a potentially dangerous person from possessing guns. It was inspired by a murderous rampage in May near the University of California, Santa Barbara.



Second quarter GDP revised even higher

McClatchy Newspapers



a surprise on top of surprise, the U.S. economy grew at an annual rate of 4.2 percent from April to June, the government reported Thursday in a second estimate.


That is even stronger than the surprising 4.0 percent first estimate of second-quarter growth from the Commerce Department, and suggests when taken with other indicators that the U.S. economy is firming up.


The second estimate is based on more complete data, and many had expected the scorching first-estimate would be revised downwards. After all, it followed a first-quarter rate that was a contraction of 2.1 percent.


But the department’s Bureau of Economic Analysis Thursday found that the trends reported in July’s first estimate of second-quarter growth held true.


"With this second estimate for the second quarter, the general picture of economic growth remains the same; the increase in nonresidential fixed investment was larger than previously estimated, while the increase in private inventory investment was smaller than previously estimated," the BEA said.


It means that businesses invested more than first thought, and the contribution from businesses replenishing their stocks was smaller than thought.


Most sectors of the economy contributed to the rise in gross domestic product, which is the sum of U.S. goods and services. Exports, state and local government spending and personal consumption all helped fuel the growth surge. Imports subtract from GDP, and also increased, meaning growth would have been even stronger if not for the influx of goods from China and elsewhere.


Adding to the sense of economic improvement, auto sales continue to sizzle and the labor market is healing. One indicator is the number of people filing first-time claims for unemployment benefits. They were 298,000 for the week ending Aug. 23, the Labor Department said Thursday.


Over four weeks they have averaged 299,750. Anything under 300,000 is a sign of healthy economy, and it suggests another strong month of hiring when the Labor Department reports the August employment report next week.



Second quarter GDP revised even higher

McClatchy Newspapers



a surprise on top of surprise, the U.S. economy grew at an annual rate of 4.2 percent from April to June, the government reported Thursday in a second estimate.


That is even stronger than the surprising 4.0 percent first estimate of second-quarter growth from the Commerce Department, and suggests when taken with other indicators that the U.S. economy is firming up.


The second estimate is based on more complete data, and many had expected the scorching first-estimate would be revised downwards. After all, it followed a first-quarter rate that was a contraction of 2.1 percent.


But the department’s Bureau of Economic Analysis Thursday found that the trends reported in July’s first estimate of second-quarter growth held true.


"With this second estimate for the second quarter, the general picture of economic growth remains the same; the increase in nonresidential fixed investment was larger than previously estimated, while the increase in private inventory investment was smaller than previously estimated," the BEA said.


It means that businesses invested more than first thought, and the contribution from businesses replenishing their stocks was smaller than thought.


Most sectors of the economy contributed to the rise in gross domestic product, which is the sum of U.S. goods and services. Exports, state and local government spending and personal consumption all helped fuel the growth surge. Imports subtract from GDP, and also increased, meaning growth would have been even stronger if not for the influx of goods from China and elsewhere.


Adding to the sense of economic improvement, auto sales continue to sizzle and the labor market is healing. One indicator is the number of people filing first-time claims for unemployment benefits. They were 298,000 for the week ending Aug. 23, the Labor Department said Thursday.


Over four weeks they have averaged 299,750. Anything under 300,000 is a sign of healthy economy, and it suggests another strong month of hiring when the Labor Department reports the August employment report next week.



Auto sales surge, but buyers may have loans longer than the cars

McClatchy Newspapers



U.S. automobile sales are sizzling in part because Americans increasingly are taking out longer and longer loans to purchase used and new vehicles.


That U.S. consumers are unleashing pent-up demand after holding off on buying new cars is good news. But it may be a problem that many of these purchases are made with loans that stretch over long periods of time, many extending well beyond the four-year period when many Americans trade in their vehicles.


“We’re seeing a lot of subprime loans, loans that are over 10 percent interest and very long-term loans, as long as 72 months, which lowers the monthly payment,” said Michelle Krebs, the director of automotive research for AutoTrader.com.


Four-year car loans used to be the norm, which then became five-year loans. From April through June of this year, 41 percent of new-car loans were for financing largely about six years, according to data from the credit analysis firm Experian.


About 14 percent of used car loans were for periods between six and seven years, the Experian data shows.


“A lot of times the car dies long before they can pay off the loan, or there is an expensive repair that they can’t afford, so they trade it in,” said Rosemary Shahan, the president of the California-based consumer advocacy group Consumers for Auto Reliability and Safety.


“The loans are disproportionate to the value of the car. The car is a depreciating asset, and it is going to be worth even less as time goes on, and that negative equity gets rolled into the next loan.”


The long-term loans could result in snowballing debt.


“It’s something we keep an eye on,” said Melinda Zabritski, the senior director of automotive finance for Experian, which shared the quarterly data with McClatchy. “Consumers are certainly trying to keep the payments as low as possible in a market where vehicles are becoming more expensive.”


Business is booming for new-car sales, with projections of at least 16.3 million vehicles this year.


Beside lower monthly payments with longer term loans, another factor in those sales is pent-up demand. The average age of an American car or light truck on the road is 11.4 years, up from 9.8 years a decade ago. That suggests consumers had put trade-ins on hold, insecure about their jobs. Now they’re trading in those old cars.


“I think people are finally deciding to pull the trigger,” said Dennis Carlson, the deputy chief economist for the credit analysis firm Equifax. “Consumers who were on the fence feel now is a pretty good time to get a car.”


Debbie Lipman, 59, a hospital outreach specialist from Atlanta, is one of them.


“For the last one to two years, I had contemplated getting a new one,” she said. “I thought it would be nice to have a newer car, but it just didn’t make sense to go and spend money . . . when I had something that was perfectly functional.”


She traded in her 2004 Honda Accord for a new one, paying half in cash and financing the rest over 36 months at 1.9 percent.


Borrowers with weaker credit scores, however, pay higher interest rates, so they take on longer-term loans to bring down those rates, prompting concern that this kind of lending could end with a market crater, much like the mortgage-finance meltdown that began in 2007.


“There is a great debate about whether it’s a bubble and whether it’s going to burst,” said Krebs, of Autotrader.com, adding that on a key metric there’s no evidence of a problem yet. “The delinquency rate on car loans is very low.”


After several years of steering clear of riskier borrowers, lenders are again willing to loan to people with weaker credit histories.


Through the first five months of this year, according to Equifax, 4 in 10 loans that originated with car makers such as Ford or Toyota were subprime or higher-risk loans. These carry higher interest rates, reflecting greater risk that borrowers might miss payments.


Michael Campbell, 46, recently took out a loan with a high interest rate when he decided to replace his 2001 Chevrolet Malibu. The Burlington, Iowa, resident said he had an “average to low credit” score and had shopped a number of used car lots before settling on a 2007 Saturn Outlook. He put down cash and took a dealer-arranged loan at 10.99 percent for 42 months.


“I just get a loan and try to pay it off as quickly as I can, so I have an effective interest rate that’s lower,” said Campbell.


About 2.39 percent of auto loans were 30 days late during the second quarter of this year. Also, 0.62 percent of car loans were 60 days late, according to Experian.


Those delinquency rates are quite low, and automotive lending differs from mortgage lending in a key way: Lenders can quickly reclaim cars that have loans in default. Repossession companies come to a borrower’s home or work site, load the vehicle on a tow truck and take it back.


From April through June, 0.61 percent of vehicles with outstanding loans were repossessed. That’s a small number but still worrisome, because it was a jump of more than 70 percent over the first-quarter rate of 0.36 percent.



SEC hits conflict of interest at ratings agencies

McClatchy Newspapers



Moving to address one of the principal causes of the 2008 financial crisis, the Securities and Exchange Commission on Wednesday in a split decision passed new rules designed to limit conflicts of interest in credit-rating agencies.


The rules, required by the 2010 revamp of financial regulation called the Dodd-Frank Act, follow in-depth reviews of the credit-rating agencies by SEC staff.


"While the reports from these reviews have catalogued a number of improvements, they have also identified concerns that persist, including ones related to the management of conflicts of interest, internal supervisory controls, and post-employment activities of former staff," said SEC Chief Mary Jo White at the start of the SEC public meeting on the rule changes.


A number of congressional and regulatory investigations found that credit ratings firms such as Moody’s Investor Services and Standard & Poor’s allowed business considerations to influence the gold-plated AAA ratings they issued to complex mortgage bonds that proved to be junk.


These bonds, called mortgage-backed securities, were deemed the most creditworthy even though there was no history on which to judge the new financial instruments. The ratings agencies sat at the table with Wall Street firms such as the defunct Bear Stearns or Lehman Brothers, and pooled together mortgages into complex securities.


Pension funds and other institutional investors snapped up these complex bonds, comfortable with the AAA rating that implied there was little chance of default. When the housing market cratered in 2007 and 2008, the complex securities were worth pennies on the dollar and a global financial crisis ensued.


To address the conflict of interest, the new SEC rules would prevent the sales and marketing departments of credit-rating agencies from having anything to do with firms seeking a rating for their financial product. Among the provision of the new rules are tighter look-back requirements designed to discourage ratings agencies employees from going to work for companies whose product they've rated. Investigations by McClatchy Newspapers and subsequently regulators showed how Wall Street firms played ratings agencies off each other, threatening to give competitors their business unless they got the AAA rating they sought.


The Justice Department is suing Standard & Poor’s for $5 billion dollars alleging it deliberately inflated ratings.



Ohio Army Guard postpones drills to save money


The Ohio Army National Guard is postponing most of its planned training in early September because of federal budget issues.


The Ohio National Guard's adjutant general, Maj. Gen. Deborah Ashenhurst, made the announcement Friday evening in videos posted on the guard's website and on social media. She said drills were being rescheduled to the end of the month for now in hopes of congressional action on funding.


She said guards across the country are facing cutbacks because of a federal budget shortfall. The Army National Guards of Hawaii and Guam also said Friday they are postponing upcoming drills.


There was no immediate response Saturday to messages left seeking comment from the Ohio National Guard and the Pentagon.


Most Guard members are part time, many with full-time civilian jobs. The guards function as reserve armed forces and can be activated by the president for U.S. military action or called out by their governors to help cope with state emergencies such as natural disasters or civil unrest.


"We're very much aware that this action will be at best an inconvenience for all of you and will have varying degrees of economic impact across the force," Ashenhurst said in her video message. "We're taking this action as a last resort."


She said the guard has already cut back in other areas. The training being rescheduled could be canceled outright if funding doesn't become available, she said.


"None of us are happy about this interruption of our normal training routine," she said. "But you have our word that we are doing everything in our power to ensure that you are the best-trained National Guard in the history of the force."


She supervises the overall Ohio National Guard that includes the Army National Guard, Air National Guard, Ohio Military Reserve and Ohio Naval Militia, totaling more than 17,000 people.


Ohio Guard members last month delivered bottled water and operated purification systems in northwest Ohio after Gov. John Kasich declared a state of emergency in three counties because of unsafe water supplies. The Missouri National Guard was called last month to Ferguson, Missouri, amid violent protests over the fatal shooting of an unarmed black 18-year-old by a white police officer.


Some 500,000 guard members have been mobilized for federal missions including overseas combat duty since the Sept. 11, 2001, terrorist attacks, the National Guard Bureau says.



In Sandy turnaround test, NYC says it'll meet goal


A city home-repair program has been sprinting to meet a self-imposed deadline to signal a turnaround in Superstorm Sandy recovery, and officials say they're positioned to pass their test of rebuilding both houses and confidence.


The milestone for the Build It Back initiative — 500 construction projects started and 500 reimbursement checks sent by Labor Day — represents a fraction of the estimated 15,000 to 20,000 homes eligible for fixing or reimbursements, and concerns about the program's pace linger among some New Yorkers still dealing with damage. But Mayor Bill de Blasio has portrayed the benchmarks as jump-starting a stalled program that hadn't fixed a single house or dispatched any checks when he took office in January.


"I think it's working, and we're going to keep making it work better," he said this week.


The city readily surpassed its goal for checks. But the construction component, which sends city-paid contractors to do needed work, has been more challenging: It counted 411 construction starts as of Tuesday, the most recent figures available. Officials have said many other projects were on the verge of starting, and they said Friday they were confident they would hit 500.


Two summers after Sandy's floods, the toll is still visible at Teresa Surillo's home in the Rockaways. The retired nursing home kitchen worker and her husband did what repairs they could afford with their slim resources and $46,000 in insurance money, but half their ground-floor walls are still torn out, she said.


They applied to Build It Back early on, navigating repeated requests for more information and long stretches of silence. Momentum picked up after de Blasio rebooted the program this spring, and the Surillos now may have their home completely rebuilt above flood level, an option that requires additional reviews. They said they've waited about a month to hear when they can meet program staffers to evaluate their choices and decide.


"We just hope something can be done," Teresa Surillo said, but "I'll believe it when I see it."


Former Mayor Michael Bloomberg created Build It Back in June 2013, after a program called Rapid Repairs did basic work to make homes habitable. But as of Jan. 1, no households had complete plans for the work, and the program had developed a red-tape reputation.


De Blasio announced the 500-homes goals in April. He eliminated income categories that had held up some applications because others were prioritized, assigned city Buildings Department inspectors exclusively to the initiative and made other changes that accelerated it.


After getting only a few thousand dollars in insurance payouts to fix her flooded Staten Island house, Donna Panebianco applied to Build It Back last year, but "nothing really went on until they revamped the program," she said.


"Once they did, I took off running," the bookkeeper said this past week, with work underway on her ground-floor bathroom and other problems.


While Monday's benchmark may be modest compared to the overall need, "it's a huge number compared to zero," city housing recovery chief Amy Peterson said. She notes that more than 10,300 homes have been inspected, quadruple the number last year. And more than 1,000 residents have decided on a plan and completed design consultations.


While giving the administration credit for setting a responsive, reinvigorated tone, local officials greet it with tempered optimism. "There has been a major improvement," but there also are thousands of homeowners still waiting for results, said City Councilman Mark Treyger, who leads the council's Sandy recovery committee.


Enduring frustrations with red tape and timeframes have bubbled up at some community meetings this summer; 1,000 people packed one organized by community advocacy group Faith in New York. And Republican Rep. Michael Grimm complained this week that Build It Back remains "completely broken," speaking outside a boarded-up, mold-filled Staten Island house. Officials say they and the homeowner have made strides recently to advance the project.


A mile away, Roy Garlisi welcomed a Build It Back contractor this past week to take measurements for repairs to his basement, with a hitch: The program's rules won't allow for fixing the kitchen, as there's another one upstairs, though it lacks an oven. "We've been eating out of a frying pan since Sandy," said Garlisi, 81.


But he's glad for other work the program will do.


"I'm very hopeful," he said. "It's moving in the right direction now."



Reach Jennifer Peltz on Twitter @ jennpeltz.


Rick Perry's Legal Trouble: The Line Between Influence And Coercion



Texas Gov. Rick Perry talks to the media and supporters after he was booked on August 19 in Austin. Perry is charged with abuse of office and coercing a public official.i i



Texas Gov. Rick Perry talks to the media and supporters after he was booked on August 19 in Austin. Perry is charged with abuse of office and coercing a public official. Eric Gay/AP hide caption



itoggle caption Eric Gay/AP

Texas Gov. Rick Perry talks to the media and supporters after he was booked on August 19 in Austin. Perry is charged with abuse of office and coercing a public official.



Texas Gov. Rick Perry talks to the media and supporters after he was booked on August 19 in Austin. Perry is charged with abuse of office and coercing a public official.


Eric Gay/AP


The day he was booked, Texas Gov. Rick Perry gave a big smile for his mug shot — which was then printed up on t-shirts to demonstrate just what a farce he thought the indictment was. In a press conference, the scorn dripped from Perry's voice as he took up the sword — defender, not of himself, but of the state's constitution.


"We don't settle political differences with indictments in this country," he said. "It is outrageous that some would use partisan political theatrics to rip away at the very fabric of our state's constitution."


Perry has been pushing back hard against allegations he misused the power of his office. Texas's longest serving governor is indicted on charges he tried to coerce the Austin district attorney into resigning by threatening to veto part of her office's funding if she didn't.


Perry has fired up his base, but like it or not his future will be decided not in the court of public opinion but inside the Texas legal system. So after the initial week-long artillery volley, Tony Buzbee, Perry's lead lawyer, is taking a softer tone.



"I think we're taking it seriously, and we're going to defend it in court," Buzbee says. "We're going to be careful about not attempting to try the case in the press. But I think it raises very serious constitutional issues; it raises issues with regard to the constitutional right of the governor to veto legislation."


The case revolves around Perry's attempt to oust Travis County District Attorney Rosemary Lehmberg after she had an embarrassing drunk-driving conviction. At the time, Lehmberg's Public Integrity Unit was in the middle of a corruption investigation involving a state agency near to Perry's heart.


The Cancer Prevention Research Institute of Texas hands out billions of dollars in state grants to recruit cancer research and biotech companies to Texas. But the agency was accused of dolling out grants to companies whose owners were better known for giving campaign contributions to Perry and Texas Attorney General Gregg Abbott.


That's why, when Perry said he'd veto the Public Integrity Unit's budget if Lehmberg didn't resign immediately, it raised a few eyebrows. After all, the governor would have picked her replacement.


As it played out, Lehmberg refused to resign and Perry vetoed her budget, and those actions brought the indictment — coercion of a public official.


But the governor's lawyer argues it doesn't matter what Perry threatened or when he threatened it. If he wants to veto the PIU's budget, he's allowed: It's an appropriation, and he's the governor.


"To suggest that if he says something before the veto vs. after it, that that's coercion, is criminalizing something that the governor is frankly required to do under the constitution," Buzbee says.


Where do you draw the line between permissible influence and illegal coercion of a public official? Is there one? Retired state district judge John Cruzeot believes there is a line and that Perry may have crossed it when he both made his veto threats to Lehmberg and then carried them out.


"For example, had he never said anything at all about her, about her DWI, and just vetoed that particular legislation for the funds, you and I wouldn't be having this conversation right now," Cruzeot says.


Cruzeot thinks Perry's threat raises the question of coercion, and that a Texas jury should hear the case.


But the case may never even get to trial, says Southern Methodist University criminal law professor Chris Jenks.


"I believe that a Texas court likely wants nothing to do with this case for a variety of reasons," Jenks says. "This case represents separation of powers issues. I do think there are both free speech and a constitutionally over-broad statute."


Earlier this week, lawyers for the governor filed a writ arguing the charges are unconstitutional and asking for them to be dismissed. A judge is expected to rule on that application in the next few weeks.



Company seeks chief for proposed gas plant


Southern California Telephone & Energy executives say they are seeking a president to operate the company's proposed liquid natural gas facility at Monkey Island in Cameron Parish.


Company CEO Greg Michaels told The American Press (http://bit.ly/1eOXZNb) that SCT&E is seeking someone experienced in the permitting process with the Federal Energy Regulatory Commission and the federal Department of Energy to oversee the proposed $9 billion plant.


The company also wants someone who has experience in meeting compliance regulations under the National Environmental Policy Act.


Michaels said the new president would split time between company offices Houston and the facility in southwest Louisiana.


He said the selection process should take 30 to 60 days.


SCT&E plans to build the liquid natural gas plant on a 230-acre site on Monkey Island. Company officials said the facility would be capable of producing up to 12 million metric tons of liquid natural gas a year for export.



South American food chains use Florida as US gate


When El Corral Burgers opened its first U.S. restaurant near Miami last year, Colombian-Americans came in droves to get a taste of home.


They had missed the chain's 20 different recipes of freshly made burgers, which back in the South American country are frequently recommended by proud locals to foreign visitors. An average of 620 Colombians and others showed up each day during the first six weeks.


"We had lines longer than Disneyland. Some came from Tampa and Orlando," says Juan Mario Patino, a vice president of 4JS Management, the company's U.S. franchisee.


El Corral is among a growing number of South American restaurant chains that are using South Florida as the gateway to the U.S. market. Juan Valdez, a Colombian company named after the fictional coffee farmer used in the country's ads, plans to open 60 franchised cafes in South Florida in the next five years in a fresh attempt to challenge Starbucks on its home turf. Giraffas, the Brazilian second-largest fast-food chain, opened its first U.S. restaurant in North Miami three years ago and has launched 10 more since.


With America's fast-food and fast-casual restaurants generating a combined $231 billion annually in sales, these companies and others are hoping to get a small but growing bite. They bring to the table flavors of a different variety.


"Americans are always interested in something new and different," says Warren Solochek, a restaurant analyst at market research firm NPD Group. "If you have a new sort of restaurant that is coming into an area, people are always going to be interested in trying it out to see if fits their needs."


In the last five years, cities like Miami, Boston and New York have seen an influx of European and Latin American brands looking to test the U.S. marketplace, according to Darren Tristano, executive vice president of Technomic, a food industry researcher.


Given that its population is two-thirds Hispanic, Miami-Dade County is preferred by South American companies because they are familiar to many residents. The companies rely on the role of their fellow countrymen as U.S. ambassadors of their brands.


"I tell all my friends they should come here," says Colombian-born Andres Lopez, 24, at the El Corral restaurant in Brickell, the financial district of Miami. "The quality of their meat is the best."


But the companies say they are aware that to grow they need to appeal to a broader clientele, not just expatriates.


"We don't want to be the brand of Hispanics," says Alejandra Londono, the vice president of international business at Juan Valdez.


The company is targeting coffee lovers and is looking to differentiate itself with varied offerings that include beans from different regions of Colombia and artisanal methods of preparation.


"We want the experience of drinking coffee to be authentic," Londono said.


El Corral and Giraffas are aiming to position themselves in the fast-casual sector, which promises higher quality of food for an affordable price. In 2014, this sector, which includes companies like Panera and Chipotle, is expected to grow 10 percent.


Giraffas, whose menu features steaks and burgers "with a Brazilian twist", was listed among the top 25 movers and shakers in 2013 and 2014 by the website Fastcasual.com.


By 2020, Giraffas wants to have between 100 and 150 U.S. stores.


"To make a difference in the U.S. you have to have hundreds of locations," says Joao Barbosa, the CEO of Giraffas USA.


The real litmus test for these companies is the expansion beyond cities with a large Hispanic population, says Joseph Ganitsky, the director of the University of Miami's Center for International Business Education and Research.


"They are national champions but if they do not have an aggressive strategy and connect with the national trend, they will not get very far," says Ganitsky.


An example for these companies might be the rapidly-growing Spanish chain 100 Montaditos, which entered the U.S. in 2011 through Miami and already has brought 17 of its tavern-style restaurants to four other states: New York, Maryland, Virginia and Iowa.


Its CEO in the U.S., Francisco Javier Cernuda, said the brand has had a good reception in the non-Hispanic majority areas where it has already opened stores, such as Manhattan; Davenport, Iowa or West Palm Beach, Florida. "Our restaurant is so unique that people accept it very well," said Cernuda.


Guatemalan fried chicken chain, Pollo Campero, also targeted its countrymen when it entered the U.S. through California in 2002. It has since expanded to 55 locations across the country.


But regardless of whether the companies will expand beyond Florida, they also see their presence here as a showcase to the rest of the world.


Barbosa says that since Giraffas started operations in South Florida, the company has received dozens of requests from companies all over the world showing interest in licensing the brand.


"With our 11 locations here we make much more noise in the world than with the 400 we have in Brazil," Barbosa said. "If you reach success in the U.S. the chances to go global are easier."



Study: Novel heart failure drug shows big promise


A new study reports one of the biggest potential advances against heart failure in more than a decade — a first-of-a-kind, experimental drug that lowered the chances of death or hospitalization by about 20 percent.


Doctors say the Novartis drug — which doesn't have a name yet — seems like one of those rare, breakthrough therapies that could quickly change care for more than half of the 6 million Americans and 24 million people worldwide with heart failure.


"This is a new day" for patients, said Dr. Clyde Yancy, cardiology chief at Northwestern University in Chicago and a former American Heart Association president.


"It's been at least a decade since we've had a breakthrough of this magnitude," said Yancy, who had no role in the study.


It involved nearly 8,500 people in 47 countries and was the largest experiment ever done in heart failure. It was paid for, designed and partly run by Novartis, based in Basel, Switzerland. Independent monitors stopped the study in April, seven months earlier than planned, when it was clear the drug was better than an older one that is standard now.


During the 27-month study, the Novartis drug cut the chances of dying of heart-related causes by 20 percent and for any reason by 16 percent, compared to the older drug. It also reduced the risk of being hospitalized for heart failure by 21 percent.


"We are really excited," said one study leader, Dr. Milton Packer of UT Southwestern Medical Center in Dallas. The benefit "exceeded our original expectations."


Results were disclosed Saturday at a European Society of Cardiology conference in Barcelona and published online by the New England Journal of Medicine.


Novartis will seek approval for the drug — for now called LCZ696 — by the end of this year in the United States and early next year in Europe


Heart failure is the top reason older people are hospitalized, and a leading cause of death. It develops when the heart muscle weakens over time and can no longer pump effectively, often because of damage from a heart attack. Fluid can back up into the lungs and leave people gasping for breath.


The people in this study were already taking three to five medicines to control the condition. One medicine often used is an ACE inhibitor, and the study tested one of these — enalapril, sold as Vasotec and in generic form — against the Novartis drug.


The new drug is a twice-a-day pill combination of two medicines that block the effects of substances that harm the heart while also preserving ones that help protect it. One of the medicines also dilates blood vessels and allows the heart to pump more effectively.


In the study, 26.5 percent on the older drug, enalapril, died of heart-related causes or were hospitalized for heart failure versus less than 22 percent of those on the Novartis drug. Quality of life also was better with the experimental drug.


"We now have a way of stabilizing and managing their disease which is better than what we could offer them before," Packer said.


The new drug also seemed safe — reassuring because safety concerns doomed a couple of other promising-looking treatments over the last decade. There were more cases of too-low blood pressure and non-serious swelling beneath the skin with the Novartis drug, but more kidney problems, excess potassium in the blood and cough with the older drug. More people on the older treatment dropped out of the study than those on the new one.


About 32 people would need to be treated with the new drug to prevent one death from heart-related causes.


"That's a favorable number," said Dr. Joseph G. Rogers, a Duke University cardiologist with no role in the study. He said the benefits were big enough that "I would switch people over" as soon as the drug is available.


The drug "may well represent a new threshold of hope" for patients, Dr. Mariell Jessup, heart failure chief at the University of Pennsylvania, wrote in a commentary in the journal. It may help "a wide spectrum of patients, even those who are currently receiving the best possible therapy."


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Online:


Heart failure information: http://bit.ly/1vxpG8v


and http://bit.ly/1B4IkF7



Lafayette plan envisions more bike lanes


A portion of Bertrand Drive in Lafayette one day may be a spot for leisurely strolls, bicycle rides and sidewalk cafés.


The Advocate reported (http://bit.ly/YUZcQQ) the proposed city-parish budget for next year includes $700,000 for a streetscape project that would reduce a portion of the four-lane road to two or three lanes, add sidewalks and possibly include landscaping and on-street parking.


The goal is to make Bertrand between Johnston Street and College Drive a friendly corridor for foot and bike traffic and to spur business development, said Kevin Blanchard, city-parish chief development officer.


"We want it to work for the bicyclists, the walkers, the cars and the businesses in the area," he said.


The streetscape project, assuming funding comes through, is still three to four years out, but the state Department of Transportation and Development is expected to restripe the road later this year, shifting the lines to reduce the road from four to three lanes and using the reworked space for bike lanes.


"That's a good first step," Blanchard said.


The long-term plan still is being developed.


Blanchard said sidewalks are certain in the plan, but no decision has been made on whether the road would be three lanes or two.


Landscaping is being considered as well as options to address a parking shortage for some businesses along the street, he said.


The plan calls for keeping Bertrand at four lanes where it intersects with College and Johnston.



Sesame catching on in southeast US

The Associated Press



Sesame is gaining a foothold in parts of the southeast United States, where cotton has long been king, as farmers take advantage of its drought tolerance and a recently developed trait that lets them bring it in with typical ag equipment.


Thousands of acres from Arkansas to Florida and Georgia were planted in sesame this year — sometimes joining a rotation of cotton, soybeans and corn and at times spread in fields too far away from irrigation lines.


"It's just a tough plant" that endures through a variety of conditions, said Seth Towles, who has 160 acres of sesame growing in a field across a dirt road from his cotton crop.


The nation's traditional sesame-growing region is in Oklahoma and Texas west of Interstate 35. It yields between 350 pounds and 850 pounds per acre a year, according to Erick Scott, a territory agronomist for Texas-based Sesaco Corp., which promotes the crop and develops new strains. The problem is the area only gets 16 to 20 inches of precipitation per year.


"They get rain, but not at the right time," said Scott, from Memphis, Tennessee.


But in the southeast, where rainfall can exceed 50 inches annually, sesame flourishes.


The crop isn't likely to supplant cotton or other primary crops in the Southeast — 30,000 to 40,000 acres pales to the millions of acres holding cotton, beans, milo or corn, according to the University of Arkansas Cooperative Extension Service. It could, however, could fill out farms that haven't extended irrigation lines to every field, Scott said.


"It costs about $160 an acre to raise sesame," Towles said, walking in mud on the edge of his field after a summer soaker. That's compared to about $650 for cotton and $350 for soybeans in these parts. Matching his yield last year — 960 pounds per acre — at last year's price of around 42 cents per pound would bring him $400 per acre before expenses.


One problem with sesame seed pods is that they split open shortly after maturity and spill 50-80 seeds onto the ground — leading some linguists to debate whether this led to the password "open sesame" in the book "Ali Baba and the 40 Thieves."


So, over the last 10 years, Sesaco has introduced a number of plants with shatter-resistant pods, letting farmers leave sesame in the field while they bring in more weather-sensitive crops. Later, farmers can adjust their combines to strip sesame plants of the hardy pods, keeping the seeds whole to protect the oil inside.


David Hodges of Jonesboro grew sesame last year but his crop rotation didn't leave him any space for it this year. He predicts it won't be much more than a niche crop in Arkansas — and this year's cool, wet weather could chase farmers away.


"If there's a bad year, that may be the death of it. If it's successful, it may go forward," Hodges said. "It's good where there are a lot of wildlife areas, where they have bad deer pressure. Deer don't like it."


The U.S. grows only 3 percent to 5 percent of the world's sesame, Scott said. Sesaco is the primary producer domestically and ships some of its crop overseas.


Seeds in Arkansas typically go to a Sesaco collection point, then to processers that compress them for oil or dry them for use as a food additive or condiment, such as a base ingredient for tahini or on buns.


"We just tell everybody, 'Eat hamburgers,'" said Scott Towles, Seth's father.


Seth Towles brought in last year's crop around Thanksgiving, but noted he didn't spend as much time fertilizing or irrigating the crop, as he does with cotton or beans. It was a nice contrast to "trying to fight cotton all year long," he said.


Scott believes Arkansas will be competitive with the traditional growing areas.


"You can mess it up and still make 800 pounds. It's a forgiving crop," he said.



22 of 26 trapped gold miners rescued in Nicaragua


Nicaraguan rescuers have saved 22 of at least 26 workers trapped in a mine collapse and were working Saturday to free the rest, officials said.


First Lady Rosario Murillo said 20 of the miners were freed late Friday, in addition to two who made their way to safety shortly after a Thursday morning collapse cut off the exit at the El Comal gold and silver mine in the town of Bonanza left them cut off in a mine shaft.


Rescued miner Marvin Urbina, 34, said he and some of his fellow miners saw an avalanche of mud and rock coming their way. They stuck to the walls of the mine but at least four of their co-workers were crushed by the mud and rock streaming down the shaft, he said.


"I asked God to let me live and he listened to me and now I will serve Him," an emotional Urbina told Channel 6.


Interior Vice Minister Carlos Najar said the miners were a bit dehydrated but in good health.


"They are coming out little by little, it's a slow process but we want to make sure they can get out safely," Najar told Channel 6 state television. He added that more of the miners are expected to be rescued overnight.


The miners were checked by paramedics and taken to a clinic in Bonanza, about 260 miles (420 kilometers) northeast of Managua.


Hundreds of relatives and fellow miners had gathered to pray outside the mine as rescuers lined up several ladders along a 200-foot long tunnel leading toward where the men were trapped. The mine cuts into the side of a mountain and then goes upward.


Commander Javier Amaya of the rescue team said the rescue plan involved groups "of five or 10 miners entering the mine on wooden ladders, tying themselves off and going in until they reach them."


Outside the mine, Jorge Hernandez, 25, said he learned his brother was one of the miners trapped while watching television in Nicaragua's capital, Managua. He rushed to Bonanza.


"We're praying to God with all of our souls so that my brother and the other men can be rescued alive and well," he said. He added that his brother Michael, 24, moved to Bonanza from Managua last year to work in the mine.


It was unclear if he was one of those rescued.


The gold and silver mine is on a concession held by Hemco, which is owned by Colombia-based Minero SA. But the trapped miners themselves are freelancers allowed to work in the area if they sell any gold they find to the firm, mining company spokesman Gregorio Downs told The Associated Press.


Downs said the company had warned miners about the danger of working in the El Comal area, especially after two miners died in a rain-caused landslide there last month.


"We live by extracting mineral from Hemco. They told us digging here was risky, but sometimes one is willing to risk it for a few more cents," said Absalon Toledo, leader of the informal miners.


According to the Hemco's website, the company has mined in the north Atlantic municipality since 1995 and employs 532 workers, who process 700 tons of material a day. The company says it produces more than 2,500 pounds (1,150 kilograms, 37,000 troy ounces) of gold a year and is Nicaragua's 12th largest exporter.



Luis Manuel Galeano reported from Managua. Associated Press writer Olga R. Rodriguez contributed from Mexico City.