Peter Greene watches with horror as Betsy DeVos turns into Arne Duncan, writing regulations when Congress doesn’t give her the legal authority she wants.

http://curmudgucation.blogspot.com/2018/06/betsy-devos-becomes-arne-duncan.html?spref=tw&m=1

“So here’s the story. A Secretary of Education becomes frustrated with Congress because the august body of legislators can’t get its act together to reauthorize/rewrite a major piece of law that governs an entire sector of education. So the frustrated secretary digs into their bag of tricks and decides, “Hey, by using my control of certain regulations, I can basically implement the rules that Congress won’t.”

“This, of course, is the Arne Duncan story. Congress wouldn’t get off its collective keister to fix up the Elementary and Secondary Education Act known, at the time, as No Child Left Behind (and several other less friendly names). So Duncan leveraged the penalties that states faced under NCLB, held some money hostage, and used his agency’s regulatory powers to legislate new rules for ESEA, an act that, ironically, united Congress in a bipartisan desire to spank Duncan and that desire, in turn, led to the reauthorized ESEA/NCLB, now known as ESSA.”