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”Details