Laura H. Chapman: What Federal Law Says About the Role of the Federal Department of Education

Diane Ravitch's blog

Laura H. Chapman provides here the relevant federal statutes that restrict the role of federal officials to prevent federal intrusion and control of public education. The prohibition of federal employees exercising any direction, supervision, or control over the curriculum, instruction or personnel of public schools was enacted when the U.S. Department of Education was created in 1979. Secretary Duncan insists that the Department of Education is not directing or influencing curriculum or instruction by its ardent support for the Common Core standards or its $360 million funding of CCSS tests. We all know that standards and tests don’t influence curriculum and instruction, right?

Legal Restriction: “U. S. Congress. General Provisions Concerning Education. (2010, February). Section 438 (20 U.S.C. § 1232a). US Code TITLE 20 EDUCATION CHAPTER 31, SUBCHAPTER III, Part 2, §§ 1232a. Prohibition against Federal control of education. No provision of any applicable program shall be construed to authorize…

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