Lawless

In its zeal to push Common Core Standards on all the states, Arne Duncan’s Education Department is “pretending that three laws do not mean what they clearly say,” writes columnist George Will. He cites the Pioneer Institute’s report, The Road to a National Curriculum, by three former department officials.

The 1965 Elementary and Secondary Education Act – No Child Left Behind is its ninth iteration – said “nothing in this act” shall authorize any federal official to “mandate, direct, or control” a state’s, local educational agency’s or school’s curriculum.

The General Education Provisions Act of 1970 stipulates that “no provision of any applicable program shall be construed to authorize” any federal agency or official “to exercise any direction, supervision, or control over the curriculum, program of instruction” or selection of “instructional materials” by “any educational institution or school system.”

The 1979 law establishing the Education Department forbids it from exercising “any direction, supervision, or control over the curriculum” or “program of instruction” of any school or school system. The ESEA as amended goes further: No funds provided to the Education Department “may be used…to endorse, approve, or sanction any curriculum designed to be used in” grades K-12.

The department has used Race to the Top funding and No Child Left Behind waivers to pressure states to adopt the new standards, the Pioneer report charges. The effect will be a national curriculum.

“As the regulatory state’s micromanagement of society metastasizes, inconvenient laws are construed — by those the laws are supposed to restrain — as porous and permissive, enabling the executive branch to render them nullities,” Will concludes.

Update: When South Carolina legislators considered rescinding the state’s adoption of Common Core Standards, Duncan blasted the idea. He drew a lot of flak for that. In response to Utah’s threatened withdrawal, he wrote a letter agreeing that it’s the state’s decision.

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