Advancing a Free Society

Are NCLB waivers legal?

Friday, September 2, 2011

Congress is way behind on reauthorizing the basic federal aid to K-12 education law.  This law, now known as the No Child Left Behind Act (NCLB), should have been dealt with in 2007, but Congress has kept funding it, without reauthorizing it.

If Republicans take the White House and the U.S. Senate, what is or is not the law may be changed in a way that moves the federal role in education in a direction that is conservative or libertarian. With an alternative election outcome, the law may move in a more liberal direction. But right now the law is what it is.

Under the Constitution, current officials of the Executive branch – such as U.S. Secretary of Education Arne Duncan – are obligated to carry out the law as written. But, instead, Secretary Duncan plans to get rid of the law’s accountability measures, while substituting the Obama administration’s pet education reforms.

Continue reading Bill Evers…

(photo credit: Raúl)