At least that’s the opinion of Gerald Bracey.
If the Constitution is silent on something, that something devolves to the individual states. The Constitution is silent on education. Therefore, No Child Left Behind and the proposals in Tommy and Roy’s spanking new 800 pound cousin, Beyond NCLB are unconstitutional? Not quite. The game is Let’s Make a Deal.
It’s sort of a reverse shakedown.
We, the feds, have this pile of money. You want some? Here’s the deal. If you take the money, you play by our rules. Hence, there has been no serious constitutional challenge to NCLB.
Bracey has much more about how the commission recommendations will continue the fine NCLB tradition of enhancing the profit margins of the testing and “supplemental educational services” businesses.
Read the whole thing. As always, Bracey is right on target.