What about this law do the FEDS and State of Florida not understand? FEDERAL LAWS AGAINST COMMON CORE The General Education Provisions Act (“GEPA”), the Department of Education Organization Act (“DOEA”), and the Elementary and Secondary Education Act (“ESEA”), as amended by the No Child Left Behind Act of 2001 expressly ban federal departments, officers and employees from directing, supervising, or controlling elementary and secondary school curriculum, programs of instruction, and instructional material. GEPA provides: “No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, -11- administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system. ..” 20 U.S.C. § 1232a (italics added). 36. DOEA provides: (a) Rights of local governments and educational institutions It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States. (b) Curriculum, administration, and personnel; library resources 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. 20 U.S.C. § 3403(a), (b) (italics added). 37. ESEA provides: (a) General prohibition Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or schools curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter. (b) Prohibition on endorsement of curriculum -12- Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this chapter may be used by the Department to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school. (c) Prohibition on requiring Federal approval or certification of standards (1) In general Notwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this chapter. (2) Rule of construction Nothing in this subsection shall be construed to affect requirements under subchapter I of this chapter or part A of subchapter VI of this chapter. 20 U.S.C. 7907(a)-(c) (italics added).
Posted on: Fri, 31 Oct 2014 12:48:02 +0000