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Rubio to Duncan: Obama Admin Can’t Force States to Comply
In a letter to Secretary Duncan, Sen. Marco Rubio says cajoling states to adopt Obama administration reforms — including curricula — are unconstitutional.
In a letter to Secretary of Education Arne Duncan, Sen. Marco Rubio (R-FL) has expressed his concern about the Obama administration’s use of waivers in exchange for states’ adoption of the administration’s policies. Sen. Rubio contends that not only is the waiver scheme an abuse, but that such a nudge toward adopting Federally-backed curriculum is unconstitutional.
Sen. Rubio’s letter to Secretary Duncan is reproduced below.
——————————–
The Honorable Arne Duncan
Secretary
United States Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
Dear Secretary Duncan:
As you may know, a rising number of parents, teachers and administrators from across our nation have expressed concerns regarding the Department of Education’s recent announcements relating to the issuance of waivers from No Child Left Behind (NCLB); particularly the stipulations expected to be attached to those waivers. The issuance of conditional waivers is detrimental to our country’s shared goal of educational success for every student.
Our principal concern is that the Executive branch does not possess the authority to force states into compliance with administration-backed reforms instituted through the issuance of waivers. We acknowledge that NCLB allows the Secretary to grant waivers for existing provisions under the law, but nowhere does the law authorize waivers in exchange for the adoption of administration-preferred policies. This initiative is an overstep of authority that undermines exiting law, and violates the constitutional separation of powers. The responsibility for legislating lies with Congress, and forcing policy reforms through NCLB waivers violates this most basic of constitutional structures.
Furthermore, I am concerned that the administration’s requirements for granting a waiver from NCLB would entail states having to adopt a federally-approved “college and career ready” curriculum: either the national Common Core standards, or another federally-approved equivalent. I am also concerned that the U.S. Department of Education has created, through its contractors, national curriculum materials to support these Common Core standards. Such activities are unacceptable; they violate three existing laws: NCLB, the Department of Education Organization Act, and the General Education Provisions Act. All three laws prohibit the federal government from creating or prescribing national curriculum. If you believe that conditional waivers tied to content standards do not violate these laws, I invite you to explain the reasoning underlying that belief.
Since legislating is a duty reserved for Congress, attaching administration-preferred reforms to NCLB waivers would counteract and inhibit meaningful education reform desperately needed to ensure that our children receive an education that will prepare them for the challenging global economic marketplace. I respectfully ask that due consideration be given to options that have been advanced through Congress and provide genuine flexibility to states, so that state and local lawmakers — those closest to children and families — can focus on high-quality education policies that will benefit our nation’s children.
Sincerely,
Marco Rubio
U.S. Senator
Tuesday
September 13th, 2011
Filed Under
Arne Duncan Common Core Marco Rubio NCLB Obama Administration
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Comments
Dear Sen. Rubio, I am sure this is just the tip of the “Ice Berg”. I think the Socialist and Communist, have us in a strangle hold, I just hope we can figure out how to break it.
[...] goal of educational success for every student. Read Senator Rubio’s complete letter on education.org. Eco World Content From Across The Internet. Featured on EcoPressed How Apple could [...]
Thank you for calling the administration on this issue. We have for so long in Florida needed a Senator that not only knows the issues but takes action. Know we are praying for you, your family and your staff. You are our inspiratioin to continue the fight for what is right.
[...] Marco Rubio has just written to Secretary of Education Arne Duncan, requesting that he not break the law. At issue is the administration’s plan to offer states [...]
[...] president and current senator from Florida, Marco Rubio, is calling out the Obama administration. Specifically, the Dept. of Education (which, in my opinion, has no [...]
You are awesome!! You know what is going on and will not play the dirty game of walking all over the Constitution. God bless you and your family.
Thank you Senator for calling out the Department of Education (DOE) and its Secretary for trying to usurp the states’ authority on educating its children. For almost three years we have watched the Obama administration “fundamentally” trying to change our country into a socialist malaise. It is obvious that this move by the DOE is just another attempt by the administration to force its liberal and socialistic ideology by indoctrinating our children at an early age. Keep on fighting for us. God bless you and thank you.
Sam Marzano
Than You, Senator. You are are refreshing voice in the wilderness of corruption and amorality. Thank You. Thank You. Thank You.
[...] For full text of the letter go to http://www.educationnews.org/education-policy-and-politics/rubio-to-duncan-administration-cant-force... [...]
[...] Rubio to Duncan: Obama Admin Can’t Force States to Comply SEPTEMBER 13TH, 2011 Education News [...]
This is Ouratanding information. The local school systems before 1988, indead had wonderful programs in their schools. Now everything is scripted by state, county and federal levals tying thehands of teachers and administrators. It is just awful.
Excuse the spelling, I submitted prior to rereading.
[...] GOP Sen. Marco Rubio wrote to Department of Education Secretary Arne Duncan on Tuesday, criticizing an Obama administration [...]
[...] GOP Sen. Marco Rubio wrote to Department of Education Secretary Arne Duncan on Tuesday, criticizing an Obama administration [...]
This was a great letter and is an expression of my thoughts and beliefs. My family is fed up with the Federal Governments attempts at arm twisting. Keep up the good work!
[...] alone in conservative circles. Writes influential CATO institute analyst Andrew J. Coulson: Senator Marco Rubio has just written to Secretary of Education Arne Duncan, requesting that he not break the law. At issue is the administration’s plan to offer states [...]
RTTT and NCLB are doomed for failure. RTTT funding in Florida is only $32.00/student/year. My opinion it isn’t worth selling out our students to this global socialistic program for this or any amount of money. Education needs to follow “Home Rule” funding and keep the feds out. Thanks Marco for being a stand-up guy.
Given that the word “education” does not even appear in the Constitution, and given that the 10th Amendment explicitly prohibits the federal government from engaging in any activity not prescribed by the Constitution, it seems incredible to me that the Department of Education was ever created and that we have been unable for decades to prevent ever-increasing federal involvement (including federal funding) in education. If we cannot undo this profoundly obvious transgression of the most fundamental law underlying our nation, then how can we imagine ourselves to be a law-abiding country, and how can we imagine that future generations will not fare even worse?
Almost every president and Congressman serving in my lifetime has sworn an oath to defend the Constitution and has subsequently enacted blatantly and totally unconstitutional education policy. What a joke. Too bad the joke’s on us.
At last a statesman who is not afraid to put finger on the pulse of the educrat vampires who have sucked the life out of the public education system and syphoned off the money that has been used to create big business out of failure.
Thank you to Senator Marco Rubio for listening to the people and calling attention to the huge problem of U.N. indoctrination in our schools. Floridians do not want the $100 million, with all the stipulations expected to be attached to those waivers, in the Race To The Top program. Rhino Charlie Crist got Florida into this mess by accepting money from the Federal Government in exchange for our states’ adoption of the Obama administration’s policies. I agree with Senator Rubio, that the Executive branch does not possess the authority to force states into compliance with administration-backed reforms instituted through the issuance of waivers. Administration’s requirements for granting a waiver would entail states having to adopt a federally-approved curriculum. The state of Florida, under Crist, has adopted a Federally-backed curriculum which is unconstitutional.
Thats right USA, a jurisdictional struggle over education while the rest of the world surges ahead into the new century with strong NATIONAL curriculum and program.
And we wonder why we are falling behind. Sad.
Surges ahead? You mean when we count only their top students. Those countries don’t count their SPED students, we do. They don’t mandate education for all, we do. Its apples to oranges.
I respectfully urge all to Google “Race To The Top”. Spend some time examining the underpinnings of this old “reform”, sold under a new cover, and the Contract the US DOE has with the National Center for Education and the Economy (NCEE), Mark Tucker, perennial President. You will find your state has this contract, which will be almost identical with Arizona’s.
All complying states first had to revise their education statutes to conform to the federal expectations. ..all states must select ( NCEE committee, Tucker, Chair) approved curriculum, aligned assessments to be scored out of state, must send teachers (minimum, 2) to national centers for “re-training” , must submit all data required on all individual students, teachers, etc. to national data base, institute 3 “Divisions” in H.S. , the lowest of which will provide only a Certificate at age 15 before out the door. The next two Divisions do not offer curriculum depth that would “guarantee” admission to private colleges or universities…ONLY public.
All curriculum etc. must be purchased through the State of KY.( approved Vendor). All costs, after the seed enticement grants disappear, will be borne by local schools and districts.
f you want to read AZ’s Contract Go to the site suggested above and midway through the scroll look for CA or AZ’s
“RttT Assessment Program Part B: High School Assessment Program CFDA #84.395C, State Consortium on Board Examination Systems.
As with all such bureaucratic contracts, it is large in number of pages…79…plus many appendixes.
You are awesome!! You know what is going on and will not play the dirty game of walking all over the Constitution. God bless you and your family.
So we think that failing schools under NCLB is an option?
I honestly don’t see anyone else coming up with any ideas to better our Nation’s education to be honest.
All complying states first had to revise their education statutes to conform to the federal expectations. ..all states must select ( NCEE committee, Tucker, Chair) approved curriculum, aligned assessments to be scored out of state, must send teachers (minimum, 2) to national centers for “re-training” , must submit all data required on all individual students, teachers, etc. to national data base, institute 3 “Divisions” in H.S. , the lowest of Natural Ruby Jewelry will provide only a Certificate at age 15 before out the door. The next two Divisions do not offer curriculum depth that would “guarantee” admission to private colleges or universities…ONLY public.
[...] Marco Rubio has just written to Secretary of Education Arne Duncan, requesting that he not break the law. At issue is the administration’s plan to offer states [...]
[...] to Duncan: Obama Cannot Force States to Comply Advertisement GA_googleAddAttr("AdOpt", "1"); GA_googleAddAttr("Origin", [...]
[...] oversight of testing and data collection, and its tests written to federal, nationalized standards, are in violation of three existing laws: NCLB, the Department of Education Organization Act, and the General Education Provisions Act; [...]
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