It is now clear, according to the U.S. Department of Education’s own description, that the Department is in violation of the law by which it was created.
Our criticism of the nationalization of standards, curriculum, and assessments elicited the following statement from Peter Cunningham, spokesperson for the U.S. Department of Education: “Just for the record: we are for high standards, not national standards and we are for a well-rounded curriculum, not a national curriculum. There is a big difference between funding development of curriculum—which is something we have always done—and mandating a national curriculum—which is something we have never done. And yes—we believe in using incentives to advance our agenda.”
Let’s leave aside the double-speak of how incentivizing is somehow different from mandating. Instead, let’s focus on his admission that the Department is “funding development of curriculum” and is “using incentives to advance our agenda.”
The 1979 law by which the U.S. Department of Education is authorized in its current form clearly prohibits these activities. It states (in section 103b): “No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.” (emphasis added)
more . . .
http://educationnext.org/u-s-dept-of-ed-is-breaking-the-law/
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