Apparently the Unitary Executive theory of executive power is extending to the Secretary of Education, as Margaret Spellings just told the 6th Circuit Court where they could put their ruling that states don't have to comply with NCLB.
Spellings wrote a letter to states telling them to ignore the court's ruling, and that SHE is the one they had better listen to, not the court. So much for judicial review.
As I mentioned a few weeks ago, I strongly disagree with the ruling, and believe that if the decision were to stand, it could undermine efforts to improve the education of our nation's children, in particular those students most in need.
NCLB is not an unfunded mandate. It is a voluntary compact between the States and the Federal government, which asks that in exchange for Federal tax dollars, results be demonstrated. This investment is netting solid results and creating an opportunity for every child in America to have access to a quality education.
Oh, ok then. I guess that settles it. Don't obey the courts, obey the executive branch only.
Here's part of Spellings' letter to the states:
As I mentioned a few weeks ago, I strongly disagree with the ruling, and believe that if the decision were to stand, it could undermine efforts to improve the education of our nation's children, in particular those students most in need.
NCLB is not an unfunded mandate. It is a voluntary compact between the States and the Federal government, which asks that in exchange for Federal tax dollars, results be demonstrated. This investment is netting solid results and creating an opportunity for every child in America to have access to a quality education.
The terrific new blog The School Law Blog has more.
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