ERIC Number: EJ711917
Record Type: Journal
Publication Date: 2005-Apr-1
Tough Call: Is No Child Left behind Constitutional?
Phi Delta Kappan, v86 n8 p604 Apr 2005
The No Child Left Behind (NCLB) Act, the 2001 reauthorization of the Elementary and Secondary Education Act, has become a symbol of all things good and bad in education. While the basic concepts of the legislation--accountability for results, research-based education programs, increased parental options, and expanded local control and flexibility--have wide support, some critics have argued that the No Child Left Behind (NCLB) Act has failed to deliver. Others have focused on how best to implement its provisions. Although this scrutiny of the requirements and outcomes of NCLB is crucial to the policy debate, the law has largely escaped a more fundamental review, and answers to the following questions are needed: Has Congress overstepped its legal authority with No Child Left Behind? Is NCLB a constitutional exercise of congressional power, or does it infringe on states' rights? What is the role of the U.S. Department of Education (ED) in addressing ambiguities in the law? Answering these questions requires a close examination of federalism as it is expressed in the U.S. Constitution and interpreted by the U.S. Supreme Court. Control over education is a power that the Constitution reserves for the states, not the federal government. But, for the reasons the author explains in this article, answering the question she raises in the title is not such an easy matter. (Contains 5 notes.)
Descriptors: Politics of Education, Constitutional Law, Federal State Relationship, Federal Legislation, Federal Aid, Federal Government, State Government, Elementary Secondary Education, Accountability, Government Role
Phi Delta Kappa International, Inc., 408 N. Union St., P.O. Box 789, Bloomington, IN 47402-0789. Web site: http://www.pdkintl.org.
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: United States
Identifiers - Laws, Policies, & Programs: Education Amendments 1972; Elementary and Secondary Education Act; Family Educational Rights and Privacy Act 1974; No Child Left Behind Act 2001; Privacy Act 1974; Rehabilitation Act 1973; Title IX Education Amendments 1972