Check Back for Ongoing Investigation and Correspondence
September 2, 2006
Dr. Terry Bergeson
Old Capital Building
P.O. Box 47200
Olympia, WA 98504-7200
Dear Dr. Terry Bergeson:
Please provide the supporting documentation that confirms you have followed the proper procedures in using federal dollars to conduct or support educational research on human subjects. Specifically, I am requesting documentation that confirms you have fulfilled on the requirements outlined in the Code of Federal Regulations Title 45, Part 46 in your educational research that involves the Washington Assessment of Student Learning (WASL), Washington Alternate Assessment System (WAAS) and education reform that relates to the WASL and WAAS.
To add clarity to my request, please provide the documentation that confirms you have followed the proper federal procedural requirements for educational research on human subjects when conducting a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. More specifically, I am seeking confirmation that you followed the federal procedures in conducting research with human subjects (public school children and teachers), and confirmed the legality of your research, which is to develop scientifically researched based pedagogy to support student achievement of the Washington State learning goals 3 and 4.
Goal 3: Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems
Goal 4: Understand the importance of work and how performance, effort, and decisions directly affect career and educational opportunities.
Please view this request as a public documents request as set forth in RCW 42.17.
"OSPI is unable to identify any documents that respond to your request. However, we are going to look into Title 45, Part 46 and OSPI's legal requirements."
b) Unless otherwise required by department or agency heads, research activities in which the only involvement of human subjects will be in one or more of the following categories are exempt from this policy:
(2) Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures or observation of public behavior, unless:
(i) information obtained is recorded in such a manner that human subjects can be identified, directly or through identifiers linked to the subjects; and (ii) any disclosure of the human subjects' responses outside the research could reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects' financial standing, employability, or reputation.
My opinion on (2) (ii):
(The latter could possibly be argued that the failed responses are revealed when the student fails to offer a response that the researcher (Bergeson) wants in order to prove the Carkhuff theory. Therefore, the student is punished with a failing score, which leads to no diploma, limited employability and damaged reputation.)
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Deprivation of Rights Under Color of Law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
