The law specifically prohibits the U.S. Department of Education from interfering or directing curriculum or instruction.* There must be a hole in that law big enough to drive a truck through, and drive the Obama administration did.

As we all know, the Obama administration used the $5 billion in Race to the Top funding, and its power (contested) to issue waivers, to push, prod, and bribe states into “voluntarily” abandoning their own standards and adopting the untried Common Core standards. Some states dropped weak standards, some dropped better standards that had proved their worth.

Secretary Duncan says these standards will make everyone “college and career ready.” The nation’s major corporations agree. So do the nation’s two big teachers’ unions.

But how do they know what the effect of the Common Core standards will be?

We know that they cause a dramatic decline in test scores. Their boosters say that is great, great news, couldn’t be better. Making the tests harder, they say, will make everyone smarter, and soon everyone will be college and career ready. But how do they know? Where is the evidence?

What if they are wrong?

*SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

(a) GENERAL PROHIBITION- 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.
(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM- Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.
(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS-
(1) IN GENERAL- Notwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this Act.