Tag: Arne Duncan

Sen. Rubio to Sec. Duncan: Dear Sir, Obey the Law

Senator Marco Rubio has just written to Secretary of Education Arne Duncan, requesting that he not break the law. At issue is the administration’s plan to offer states waivers from the No Child Left Behind act if they agree to adopt national standards or pursue other educational goals of the administration. Rubio states that these conditional waivers violate the U.S. Constitution, the Department of Education Organization Act, and the No Child Left Behind Act. He’s right.

As my Cato colleagues and I have noted many times, the Constitution mentions neither the word “school” nor the word “education,” and so, under the 10th Amendment, reserves power over those concerns to the states and the people.

The Act creating the Department of Education is equally clear:

No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system… .[Section 3403(b)]

Nor is the NCLB particularly ambiguous:

‘Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction. [Section 1905]

The Secretary’s conditional waivers from NCLB mandates, in return for dancing as he desires on national standards, seem to violate all of the above. I wonder if any education reporter will have the temerity to ask Arne Duncan on what grounds he believes he is entitled to ignore these laws? Senator Rubio’s letter certainly gives them a golden opportunity to do so.

Rick Perry, Arne Duncan, and Michael Jackson

To my astonishment, Arne Duncan went after Republican presidential candidate Rick Perry yesterday on the grounds that Perry hasn’t done enough to improve the schools under his jurisdiction. According to Bloomberg News, Duncan said public schools have “really struggled” under Perry and that “Far too few of [the state’s] high school graduates are actually prepared to go on to college.”

I was never a huge Michael Jackson fan, but for some reason his “Man in the Mirror” track just popped into my head as I read this. You see, once upon a time, Arne Duncan was “CEO” of the Chicago Public Schools. During and for some time after his tenure, he was celebrated as having presided over “The Chicago Miracle,” in which local students’ test results had improved dramatically. That fact turns out to have been fake, but accurate. The state test results did improve, but not because students had learned more; they appear to have improved because the tests were dumbed-down.

When this charge was first leveled, I decided to look into it myself, and found that it was indeed justified. There was no “Chicago Miracle.” Arne Duncan ascended to the throne of U.S. secretary of education, at least in part, on a myth. The academic achievement of the children under his care stagnated at or slightly below the level of students in other large central cities during his time at the helm. Seems an opportune occasion for someone to “start with the man in the mirror, asking him to change his ways.”

Imposing National Standards

Next month, the Obama Administration will begin granting waivers to states that are not on track to meet proficiency requirements in the No Child Left Behind Act. Education Secretary Arne Duncan will be granting these waivers selectively, based mostly on states’ willingness to abide by new executive branch mandates not included in NCLB, likely including adopting national curriculum standards.

Duncan has the authority under NCLB to grant waivers, but not to compel states to jump through administration hoops in order to earn them, as Neal McCluskey has documented clearly.

As Neal notes in today’s Cato Daily Podcast, essentially imposing national standards – as well as other potential waiver demands – represents a large-scale assertion of federal executive power over local education:

We’ve broken any semblance of a Constitutional balance of power between the executive and the legislative branch. Now the President is just going to dictate to every school what they’re going to teach. And that is a giant threat to freedom and to the American education system.

A broader recognition that the Constitution grants neither Congress nor the President any role in education would go a long way toward fixing these problems. NCLB may be, to quote Arne Duncan, “a slow-motion train wreck,” but using that law to transfer power away from parents, states and Congress is easily a solution worse than the problem.

From Avoiding the National Curriculum Debate, to Smothering It, Just When We Need It Most

Former Florida governor Jeb Bush cares about education. He made major education reforms in the Sunshine State, including many centered on private school choice. He has established the Foundation for Excellence in Education, and dedicates much of his time to education reform. Unfortunately, when it comes to national curriculum standards, it seems his genuine caring has led him to avoid—and now attempt to quash—critical debate on both the dubious merits of national standards, and the huge threats to federalism posed by Washington driving the standards train.

As I’ve complained on numerous occasions, it’s clear that supporters of national standards have employed a stealth strategy to get their way: back-room drafting of standards, content-free Language Arts, and, especially, employing the maddening mantra that national standardization is “state-led and voluntary.” Sadly, you can now add quashing debate to that, even among conservatives and libertarians with longstanding and crucial federalism and efficacy concerns. And according to Education Week, it appears that Jeb Bush—whose foundation just a couple of years ago invited me to participate in a panel discussion on national standards—is taking point on the smothering strategy:

In this space, we’ve been telling you about a few efforts in state legislatures to complicate adoption or implementation of common standards … A move that had the potential to involve many states unfolded last week in New Orleans, but was stopped in its tracks. And none other than former Fla. Gov. Jeb Bush, revered by many conservatives, was involved in stopping it.

The Education Week report links to a letter that Mr. Bush sent to a subcommittee of the American Legislative Exchange Council that was slated to simply take up discussion of model legislation opposing national standards. Mr. Bush urged members to table the proposal. In other words, he urged them to not even talk about it, because apparently even considering that the Common Core might have dangerous downsides should be avoided, even among people who believe in individualism and liberty.

Unfortunately, quashing debate arguably wasn’t the worst aspect of Mr. Bush’s letter. No, that was the fundamentally flawed pretenses he offered for why Common Core should be embraced without debate. 

For starters, the letter assumes that Common Core represents “rigorous academic standards,” an assumption challenged by several curriculum experts. Underlying that are the illogical  assumptions that there can be a monolithic standard that is best for all children no matter how un-monolithic children are, and that the creators of the Common Core know what the “best” standards are. Add to these things that there is no meaningful empirical support for the notion that national standards lead to better outcomes, and from a purely pragmatic standpoint not only should there be strong, public debate over national standards, there must be.

Perhaps the most distressing aspect of Bush’s letter, though, is that he repeats the ”state-led and voluntary” falsehood, and does so just as the Obama administration is preparing to force states to adopt national standards if they want relief from the disastrous No Child Left Behind Act. Writes Bush:

There is concern that this initiative will result in Washington dictating what standards, assessments and curriculum states may use. But these voluntarily adopted standards define what students need to know without defining how teachers should teach or students should learn.

Adoption of the Common Core is not ”voluntary,” any more than is handing over your wallet to a mugger. The federal government takes tax dollars from taxpayers whether they like it or not, and tells states that if they want to get any of it back they must “voluntarily” adopt federal rules. It’s what the $4 billion Race to the Top did for national standards. It’s what U.S. Secretary of Education Arne Duncan has said he, for all intents and purposes, will do with NCLB waivers. And it is how failed, bankrupting  federal education policy has been imposed for decades.  And lest we forget, Washington is spending $350 million on national tests to go with the Common Core, which the Obama administration wants to make the accountability backbone of a reauthorized NCLB.

So no, this is not voluntary. Nor is it state-led: state legislatures represent their people, but the groups that ran the Common Core State Standards Initiative were unelected professional associations—the National Governors Association and Council of Chief State School Officers.

I have no doubt that Jeb Bush has the best interests of children at heart. But even the best of intentions don’t countenance avoiding or snuffing out open debate over public policy, especially a policy as riddled with holes as national curriculum standards. Add to that our standing on the verge of unprecedented, unconstitutional federal control of our schools, and this debate must be had now, and it must be had so that all may hear it.  

 

Rahm Emanuel Practices School Choice… Grouchily

Chicago’s new mayor, Rahm Emanuel, has followed in the footsteps of President Obama and Education Secretary Arne Duncan, choosing to send his kids to the elite private UC Lab School. It’s a very good school by all accounts, so it’s probably an excellent choice. So why did Rahm get so grouchy when asked about it?

I think it might have something to do with the obvious hypocrisy of cherishing and exercising educational choice for one’s own kids while advocating a one-size fits-few state monopoly school system that makes private schooling unaffordable to the majority of your fellow citizens. Just a thought.

Sorry About Your Burning Village, But You Released the Dragon

There’s a lot of consternation over Education Secretary Arne Duncan’s threat that if Congress doesn’t quickly create and pass a new No Child Left Behind Act he will do it himself, issuing waivers galore for states that adopt as-yet unspecified, administration-dictated reforms. As Andy Rotherham writes in Time, everyone from AEI’s Rick Hess, to angry-teachers’ hero Diane Ravitch, seems to be outraged over the notion that the executive branch would simply bypass Congress because it thinks the legislators are moving too slowly.

What did they expect when they ignored the Constitution to begin with, forgetting that it gives Washington just a few, enumerated powers, and that meddling in education (save prohibiting discrimination and controlling the District of Columbia) is not among them? When they pushed for, or acquiesced to, Washington doing all sorts of things that it has no constitutional authority to do? When they essentially accepted that the Federal Government has unlimited powers? Did they expect federal politicians to suddenly remember they are supposed to be constrained only when they want to do things the educationists don’t like?

Unfortunately, most people in education policy pick and choose when they’ll invoke the Constitution based on whether or not they like what the Feds are doing or are proposing to do. In contrast, if in their presence you consistently state that education policymaking is not among Washington’s few and defined powers, and that the Feds must get out of education, they typically either ignore you; dismiss you with a rhetorical pat and smile like you are a cute, idealistic child; or condemn you as someone who hates children, the poor, teachers, enlightenment, the nation’s economic future, progress, or some combination thereof.

Well here’s the reality: Far too many educationists have helped let the dragon out of its cage. They have only themselves to blame when it burns down their village.