As we have stated before, education is not an enumerated power of the federal government under the U.S. Constitution’s Article I, Section 8. It is a power delegated to the States respectively, or to the people as stated in the 10th Amendment. Nevertheless, we have numerous federal education laws.

We are somewhat fortunate in that there are a few protections in the federal law, such as the protection against federally mandated curricula. Now we just have to have the government enforce them.

The No Child Left Behind Act of 2001, which was the latest renewal of the federal Elementary and Secondary Education Act states:

(b) LOCAL CONTROL- Nothing in this section shall be construed to —

(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, and related activities;

(2) limit the application of the General Education Provisions Act;

(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or

(4) create any legally enforceable right.

You can find this citation here.  Scroll down to Section 9526.

Also check out Section 9529 on testing at the same link.

If you are looking it up in government records, it is:
No Child Left Behind Act of 2001, Public Law 107-110, Title IX-General Provisions, Part C, Part E, Subpart 2, Section 9526.

Tags: Common Core State Standards, No Child Left Behind, Race to the Top