Laura H. Chapman provides here the relevant federal statutes that restrict the role of federal officials to prevent federal intrusion and control of public education. The prohibition of federal employees exercising any direction, supervision, or control over the curriculum, instruction or personnel of public schools was enacted when the U.S. Department of Education was created in 1979. Secretary Duncan insists that the Department of Education is not directing or influencing curriculum or instruction by its ardent support for the Common Core standards or its $360 million funding of CCSS tests. We all know that standards and tests don’t influence curriculum and instruction, right?
Legal Restriction: “U. S. Congress. General Provisions Concerning Education. (2010, February). Section 438 (20 U.S.C. § 1232a). US Code TITLE 20 EDUCATION CHAPTER 31, SUBCHAPTER III, Part 2, §§ 1232a. Prohibition against Federal control of education. No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance.” Retrieved from http://www.law.cornell.edu/uscode/20/usc_sup_01_20.html
Legal Restriction: “The No Child Left Behind Act of 2001, Pub. L. No. 107-110, 115 Stat. 1425 (2002). Section 9527 ESEA amended by NCLB (20 U.S.C. § 7907(a).1) This provision is based on 20 U.S.C. 7907(a) (Section 9527(a) of NCLB). Section 7907(a) is one of the ESEA’s general provisions contained in Title IX of the Act. It states: Nothing in this [Act] 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 curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this [Act]. 20 U.S.C. 7907(a).”
Since 2002 federal officials have been threading legal needles with the carefully contrived language of “deniability” if they are accused of violating federal law.
No one in Congress has the interest or courage to call for the hearings needed to expose the damage, incompetence, and under the table deals with lobbyists–all enabling the destruction of public education except for the funding that will subsidize for-profit schemes conjured by billionaires who see education the nation’s young people as a source of profit and, in some cases,opportunity for indoctrination.