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Federal Education Policy

The U.S. Constitution does not give Congress authority to collect taxes for, fund, or operate schools. According to the Tenth Amendment, education should be entirely a state and local matter. Nonetheless, the federal government has steadily eroded state and local autonomy in this area over the past 50 years, so that it now takes an active role in almost every issue related to education. Federal guidelines regulate, among other things, student discipline, the content of sex education courses, and the gender of textbook authors. Most of the U.S. Department of Education's programs are not the legitimate affair of the federal government-no matter how brilliant or experienced they may be, politicians and bureaucrats in Washington, D.C. cannot solve problems and improve learning in classrooms thousands of miles away.

Unfortunately, the federal government's role in education is poised to grow even larger. This year's No Child Left Behind Act mandates testing and increases federal funding in the name of "standards-based accountability." To comply, states must develop criteria to determine which schools are "underachieving." These schools will receive additional federal funds, a new curriculum, and teacher training programs. If improvement is not seen after a year, the school is required to let students transfer to other public schools or to pay for outside tutoring.

Identifying failing schools and offering choices to parents are sound ideas, but they should not be imposed on states by the federal government. Federal mandates force educators to concentrate on compliance rather than real improvements, exacerbating the problem. Instead of trying to satisfy their customers (parents), educators must now produce certain numbers to keep the federal government off their backs. Rather than impose top-down regulations, the president and Congress should urge state-level reforms that return control to parents.

November 25, 2003


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