Leaving No Child Left Behind Behind

Though it expired in 2008, No Child Left Behind, the sweeping Bush-era education act that was passed in 2001 is still in effect, because federal lawmakers won’t just let it die.

“It’s time for it to go,” says Rep. Linden Bateman, R-Idaho Falls who believes that the law has forced educators to teach to a test and ignore other subjects, while unfairly labeling schools as “failing.” “It’s provided completely unrealistic expectations.”

HOUSE JOINT MEMORIAL NO.8 (2012) – No child left behind/request repeal per Rep. Bateman is a nonbinding and toothless resolution. Still, his position puts him at odds with the state’s education department, which wants to see the act re-authorized.

The question should be whether the federal government had the authority to enact the law in the first place. A cursory reading of the U.S. Constitution will not reveal the ‘educational clause’ or anything else to justify the Department of Education, or any laws that would mandate virtually unfunded educational requirements  placed on the States. So, if the federal government does not have the authority to do something, do they have the authority make others do it? Can you appropriate moneys for something you don’t have the authority to do so that you can ‘bribe’ others to do it?

“I’ve read the Constitution 100 times,” Bateman says. “I can’t see even a slight mention … that gives the feds any power in the field of education.” [The Constitution] does not say that the Federal government supersedes State laws and customs… instead, in that document’s own 10th Amendment, it states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People”

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Comments on 10th Amendment legislation miss the point

Yesterday there was an article in the Desert News about this year’s legislative session, Carl Wimmer, and the Patrick Henry Caucus has some fair insights. There is even a comment by the House Minority Assistant Whip (can these titles of nobility get any more stretched?) Carol Moss (D – Holladay) that was right on the…

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NCLB – Federal Overreach in Education

Americans for Limited Government writes about No Child Left Behind.  Another example of the states being bribed, with our money, to ignore the Constitution.  Another opportunity for a strongly enforced Tenth Amendment to make a difference. By Chris Slavens The No Child Left Behind Act (NCLB), signed into law by Bush in 2002, relied on…

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