This strategy of bypassing Congress with unilateral executive action actually dates back nearly two years, well before the GOP took back the House, but he’s gotten more aggressive with it lately as our gridlocked Congress’s approval rating sinks ever deeper into the toilet. He’s making a bet here about the public’s view of separation of powers: So long as he can argue that he’s taking action towards a virtuous end — and education is as virtuous as it gets politically — voters will let him slide on the legal niceties. A war to avert a humanitarian disaster in Libya, a new consumer-protection advocate, relief for public schools from onerous, unrealistic federal regulations: The ends justifies the means in all three cases because that darned “do-nothing Congress” he’s running against refuses to see the light.
◼ Obama declares himself dictator of education - Conn Carroll/Washington Examiner
Any time the federal government decreases its role in education should be a good thing. But that is not what Obama is doing. The Heritage Foundation's Lindsey Burke reports:
These are not simply waivers to provide relief to states from the onerous provisions of No Child Left Behind. These are conditions-based waivers, and the strings attached to this “relief” further tether states to Washington.Even worse, nothing in federal law grants Obama the power to issue these conditional waivers. He is unilaterally rewriting federal education policy through selective enforcement. The American Enterprise Institute's Frederick Hess tells the Christian Science Monitor: "NCLB, for all its flaws, was crafted by the US Congress … [but] these waivers impose a a raft of new federal requirements that were never endorsed by the legislative branch. Once this administration opens this door, it’s hard to imagine future administrations not building on this precedent."
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One of the most concerning conditions attached to the waivers is a requirement that states adopt common standards and tests or have their state university approve their standards. None of the waiver-approved states opted for the latter. The administration’s various carrots and sticks ($4.35 billion in Race to the Top grants and potential Title I dollars) had already pushed them to begin implementing the Common Core national standards and tests.
When national organizations and the Department of Education dictate standards and tests, they effectively control what can—and can’t--be taught in local schools. The degree to which these critical decisions are about to be centralized and nationalized is unprecedented in America.