NCLB UNCONSTITUTIONAL
That’s according to a new report by the National Conference of State Legislatures. The report claims that NCLB usurps the states’ roles in education. No kidding. IAATM, though. No school or district can opt out because the feds hold the purse strings. Same old, same old.
3 Responses to “NCLB UNCONSTITUTIONAL”
![]() Comment by Tad February 24th, 2005 at 11:06 am |
There has never been a question that Congress has no constitutional authority to have any role in public education, and that NCLB compliance is a voluntary way to acquire federal funding. (Somebody might argue that there is an interstate commerce interest, but I don’t think it should wash.) |
![]() Comment by Eric Holcombe February 24th, 2005 at 1:20 pm |
I’m glad the constitutionality of federal spending on public education is finally coming around. I don’t see how the states can accept the federal funds (somehow this part is constitutional?) and expect no federal oversight. “An Illinois school district filed a lawsuit against the Education Department this month in federal court” And I thought they were up to their ears in teaching to the test and unfunded mandates. Nice to know they have retainer money to spend. |
![]() Comment by Daryl Cobranchi February 24th, 2005 at 3:51 pm |
I should have written “no school district can afford to opt out.” It’s entirely legal to give up the Title I money in exchange for NCLB-freedom. Just that nobody’s done it yet. This highlights one of my biggest grievances with the bloated federal government. They overtax us and then send the money back to the states as a bribe, er incentive, in order to get what they want. How much easier it would be if they let the states tax themselves and spend the money where the citizens want it spent. Of course, that would cut way too deeply into the federal bureaucracy. |