Federal Federal File

Some Conditions May Apply

By Sean Cavanagh — August 08, 2006 1 min read
  • Save to favorites
  • Print

Four years ago, Congress approved a bill creating the Institute of Education Sciences, a retooling of the Department of Education’s research operations that lawmakers hoped would produce independent work, free of political influence.

But when President Bush signed the measure into law on Nov. 5, 2002, he issued a “signing statement” that appeared to place caveats on the law. It was one of many such statements the president has issued in signing bills, a practice that is now under attack from some lawmakers and legal scholars.

An American Bar Association task force issued a July 24 report rebuking the president for issuing signing statements that seek to “disregard or decline to enforce” approved legislation—in violation, the ABA argues, of the constitutional separation of powers between Congress and the executive branch.

Presidents have typically used signing statements to express their authority to interpret legislation to fit their own legal and constitutional preferences, often over the objections of lawmakers, the ABA report said. The ABA said Mr. Bush has issued signing statements that challenge about 800 legislative provisions—more than all other U.S. presidents combined.

Among the statements cited by the ABA is the one Mr. Bush issued with the Education Sciences Reform Act of 2002, which created the IES. That law, the ABA noted, says that the IES director may publish research “without the approval” of the U.S. secretary of education.

But Mr. Bush’s signing statement appears to flatly contradict that language, saying the IES director will be subject to “the supervision and direction” of the secretary. The statement also appears to assert the president’s authority over the IES director’s ability to set priorities for research.

Mr. Bush “has been particularly adamant about preventing any of his subordinates from reporting directly to Congress,” the ABA report said.

In June, White House Press Secretary Tony Snow said Mr. Bush’s signing statements were “really not all that out of line with previous administrations.”

IES Director Grover J. “Russ” Whitehurst said that neither Secretary of Education Margaret Spellings nor her predecessor, Rod Paige, had sought to control his agency’s research. Both have followed “the principle that the [IES] must be, and must be perceived to be, free of political interference and policy advocacy,” Mr. Whitehurst said in an e-mail.

Related Tags:

A version of this article appeared in the August 09, 2006 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion The Federal Government Hasn’t Been Meeting Our Need for Unbiased Ed. Research
Trump’s attacks on data collection are misguided—but that doesn’t mean it was working before.
5 min read
The end of a bar chart made of pencils with a line graph drawn over it.
DigitalVision Vectors/Getty + Education Week
Federal Opinion Rick Hess' Top 10 Hits of 2025
In a year full of education news, what cut through the noise?
2 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal The Ed. Dept.'s Research Clout Is Waning. Could a Bipartisan Bill Reinvigorate It?
Advanced education research has bipartisan support even as the federal role in it is on the wane.
5 min read
Learning helps to achieve goals and success, motivation or ambition to learn new skills, business education concept, smart businessman climbing on a stack of books to see the future.
Fahmi Ruddin Hidayat/iStock/Getty
Federal From Our Research Center Trump Shifted CTE to the Labor Dept. What Has That Meant for Schools?
What educators think of shifting CTE to another federal agency could preview how they'll view a bigger shuffle.
3 min read
Collage style illustration showing a large hand pointing to the right, while a small male pulls up an arrow filled with money and pushes with both hands to reverse it toward the right side of the frame.
DigitalVision Vectors + Getty