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Department of Education Organization Act of October 17, 1979: No federal curriculum

April 25, 2013

Education is not an enumerated power of the Federal Government under Article I, Section 8 of the US Constitution, and powers not delegated to the federal government belong the the States respectively, or to the people, as stated in the 10th amendment. Nevertheless, federal funding was first given to the states in 1965 under President Johnson through the first Elementary and Secondary Education Act (ESEA), and in 1979 President Carter created the Federal Department of Education.

Here is  the Department of Education Organization Act (Public Law 96-88).  It was 31 pages, and it’s funny to think that today we consider it very short; today bills have to be put on digital thumb drives because they are so massive. Here is the link to  the Act.  Please give it a few moments to load.

Look in Title I, Section 103 (b) of the Act (page 5 in this copy). You can find,

b) 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.”

The Common Core State Standards are illegal.

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