Federal

State Lawmakers Warn of Federal Intrusion on Education

By Lesli A. Maxwell — February 09, 2010 6 min read
  • Save to favorites
  • Print

State lawmakers want Washington policymakers to back off when it comes to public schools.

Amid fanfare around the billions of dollars being delivered to schools through the federal economic-stimulus package, members of the National Conference of State Legislatures are warning that the education agenda being pushed by the Obama administration is shaping up to be just as prescriptive and intrusive as the 8-year-old No Child Left Behind Act.

The new critique, issued in a report last week, comes five years after the Denver-based NCSL assailed the federal law—the centerpiece of President George W. Bush’s education agenda—as a major encroachment on the states’ authority over K-12 education.

That view has emerged from other quarters as well, especially in recent weeks, as states rushed to rewrite laws to get a competitive edge in their applications for federal Race to the Top grants and President Barack Obama rolled out his fiscal 2011 budget plan. The budget proposal calls for an increase in spending on K-12 education, with nearly all of it directed toward the administration’s top priorities, such as improving teacher quality and overhauling low-performing schools. (“Education Budget Plan Wielded as Policy Lever,” this issue.)

“There is concern that the policies that the Obama administration is advocating are, to some extent, as intrusive as NCLB was,” said Daniel Domenech, the executive director of the American Association of School Administrators, the Arlington, Va.-based professional organization that represents local superintendents and other district-level administrators.

“They are effectively dangling states to jump through hoops and agree to do all the things that the federal government believes they should do,” he said.

<center><bsp-image data-state="{&quot;image&quot;:{&quot;bex.rteImporter.imageIngestedUrl&quot;:&quot;https://www.edweek.org/media/2010/02/09/21ncsl_plymale.jpg&quot;,&quot;bex.rteImporter.imageIngestedDate&quot;:1606011350759,&quot;file&quot;:{&quot;storage&quot;:&quot;s3&quot;,&quot;path&quot;:&quot;76/18/201346a9351b25a038f89baf39c3/21ncsl-plymale.jpg&quot;,&quot;contentType&quot;:&quot;image/jpeg&quot;,&quot;metadata&quot;:{&quot;Huffman&quot;:{&quot;Number of Tables&quot;:&quot;4 Huffman tables&quot;},&quot;width&quot;:100,&quot;File Type&quot;:{&quot;Detected File Type Long Name&quot;:&quot;Joint Photographic Experts Group&quot;,&quot;Detected File Type Name&quot;:&quot;JPEG&quot;,&quot;Detected MIME Type&quot;:&quot;image/jpeg&quot;,&quot;Expected File Name Extension&quot;:&quot;jpg&quot;},&quot;XMP&quot;:{&quot;XMP Value Count&quot;:&quot;146&quot;},&quot;JPEG&quot;:{&quot;Component 3&quot;:&quot;Cr component: Quantization table 1, Sampling factors 1 horiz/1 vert&quot;,&quot;Compression Type&quot;:&quot;Baseline&quot;,&quot;Data Precision&quot;:&quot;8 bits&quot;,&quot;Number of Components&quot;:&quot;3&quot;,&quot;Component 2&quot;:&quot;Cb component: Quantization table 1, Sampling factors 1 horiz/1 vert&quot;,&quot;Component 1&quot;:&quot;Y component: Quantization table 0, Sampling factors 2 horiz/2 vert&quot;,&quot;Image Height&quot;:&quot;141 pixels&quot;,&quot;Image Width&quot;:&quot;100 pixels&quot;},&quot;JFIF&quot;:{&quot;Resolution Units&quot;:&quot;none&quot;,&quot;Version&quot;:&quot;1.1&quot;,&quot;Thumbnail Height Pixels&quot;:&quot;0&quot;,&quot;Thumbnail Width Pixels&quot;:&quot;0&quot;,&quot;X Resolution&quot;:&quot;1 dot&quot;,&quot;Y Resolution&quot;:&quot;1 dot&quot;},&quot;height&quot;:141,&quot;http.headers&quot;:{&quot;Content-Length&quot;:[&quot;12408&quot;],&quot;Content-Type&quot;:[&quot;image/jpeg&quot;],&quot;Cache-Control&quot;:[&quot;public, max-age=31536000&quot;]}}},&quot;_id&quot;:&quot;00000175-edbc-de5b-a77d-ffbe6efb0000&quot;,&quot;_type&quot;:&quot;ce92fd90-6aed-3dc0-880e-f485361c67c1&quot;},&quot;_id&quot;:&quot;00000175-edbc-de5b-a77d-ffbe6efb0001&quot;,&quot;_type&quot;:&quot;23ac712d-8839-31ed-81b0-4bf6cfff37a2&quot;}">Image</bsp-image></center>

The warning by the state lawmakers’ group that Washington will continue to tread heavily on state and local policymaking turf echoes much of its earlier critique of the NCLB law. (“NCLB Law Needs Work, Legislators Assert,” March 2, 2005.)

The federal law’s requirements for states—such as expanding standardized testing to measure adequate yearly progress, or AYP, in reading and math, and meting out rewards and penalties for schools based on student performance—have simply been followed by other, mostly unproven approaches in the programs put forth by President Obama and U.S. Secretary of Education Arne Duncan, the lawmakers argue in the 35-page report.

States, they point out, have scrambled to rewrite laws—acting, for instance, to allow more charter schools—to be considered eligible for a share of $4 billion in federal Race to the Top grants, which are part of up to $100 billion slated for public schools under the American Recovery and Reinvestment Act.

Though participation in the Race to the Top competition is voluntary, recession-battered states are, in effect, being “coerced” by the lure of money to adopt policies that have not necessarily been shown to raise student achievement, the lawmakers contend.

“If you look at the applications, states have had to change their laws drastically without knowing whether any funding is even coming down to them,” said Robert H. Plymale, a Democratic state senator from West Virginia and a co-chairman of the NCSL task force that wrote the report.

‘Soup-Kitchen Line’

The task force, made up of 15 members of both political parties, met six times between April 2008 and July 2009 to hear from a variety of education experts. Several task force members were also involved in writing the NCSL report from 2005, which laid out changes the organization wanted made to the No Child Left Behind Act, which Mr. Bush signed into law in 2002.

<center><bsp-image data-state="{&quot;image&quot;:{&quot;bex.rteImporter.imageIngestedUrl&quot;:&quot;https://www.edweek.org/media/2010/02/09/21ncsl_saland.jpg&quot;,&quot;bex.rteImporter.imageIngestedDate&quot;:1606011350869,&quot;file&quot;:{&quot;storage&quot;:&quot;s3&quot;,&quot;path&quot;:&quot;ab/5e/1843ff70024fcafec919d1a1ba34/21ncsl-saland.jpg&quot;,&quot;contentType&quot;:&quot;image/jpeg&quot;,&quot;metadata&quot;:{&quot;Huffman&quot;:{&quot;Number of Tables&quot;:&quot;4 Huffman tables&quot;},&quot;width&quot;:100,&quot;File Type&quot;:{&quot;Detected File Type Long Name&quot;:&quot;Joint Photographic Experts Group&quot;,&quot;Detected File Type Name&quot;:&quot;JPEG&quot;,&quot;Detected MIME Type&quot;:&quot;image/jpeg&quot;,&quot;Expected File Name Extension&quot;:&quot;jpg&quot;},&quot;XMP&quot;:{&quot;XMP Value Count&quot;:&quot;146&quot;},&quot;JPEG&quot;:{&quot;Component 3&quot;:&quot;Cr component: Quantization table 1, Sampling factors 1 horiz/1 vert&quot;,&quot;Compression Type&quot;:&quot;Baseline&quot;,&quot;Data Precision&quot;:&quot;8 bits&quot;,&quot;Number of Components&quot;:&quot;3&quot;,&quot;Component 2&quot;:&quot;Cb component: Quantization table 1, Sampling factors 1 horiz/1 vert&quot;,&quot;Component 1&quot;:&quot;Y component: Quantization table 0, Sampling factors 2 horiz/2 vert&quot;,&quot;Image Height&quot;:&quot;140 pixels&quot;,&quot;Image Width&quot;:&quot;100 pixels&quot;},&quot;JFIF&quot;:{&quot;Resolution Units&quot;:&quot;none&quot;,&quot;Version&quot;:&quot;1.1&quot;,&quot;Thumbnail Height Pixels&quot;:&quot;0&quot;,&quot;Thumbnail Width Pixels&quot;:&quot;0&quot;,&quot;X Resolution&quot;:&quot;1 dot&quot;,&quot;Y Resolution&quot;:&quot;1 dot&quot;},&quot;height&quot;:140,&quot;http.headers&quot;:{&quot;Content-Length&quot;:[&quot;12757&quot;],&quot;Content-Type&quot;:[&quot;image/jpeg&quot;],&quot;Cache-Control&quot;:[&quot;public, max-age=31536000&quot;]}}},&quot;_id&quot;:&quot;00000175-edbc-de5b-a77d-ffbe6f550000&quot;,&quot;_type&quot;:&quot;ce92fd90-6aed-3dc0-880e-f485361c67c1&quot;},&quot;_id&quot;:&quot;00000175-edbc-de5b-a77d-ffbe6f550001&quot;,&quot;_type&quot;:&quot;23ac712d-8839-31ed-81b0-4bf6cfff37a2&quot;}">Image</bsp-image></center>

Stephen M. Saland, a Republican state senator from New York who also served as a task force co-chairman, said that if it weren’t for the recession and state treasuries that consequently are “cash starved,” it’s unlikely that all but 10 states would have applied for the first round of Race to the Top money.

“For them, it’s like standing in a soup-kitchen line desperate for sustenance,” said Mr. Saland, whose state was among the 40 that applied for the grants by the Jan. 19 deadline.

And although the Obama administration’s school improvement priorities differ from those outlined in the NCLB law, the approach is really the same, the state lawmakers argue. The main areas being emphasized now are teacher quality, adopting common standards and assessments, data systems and the use of data, and turning around the lowest-performing schools.

“This is still the federal government picking what they see as winning strategies and telling states, ‘You should do this, do this, and do this,’ ” said Mr. Saland. “It’s still process- and compliance-driven.”

The states have a legitimate complaint about how NCLB imposed rigid requirements and forced many of them to scrap their homegrown school accountability systems, said Jack Jennings, the president of the Center on Education Policy, a Washington-based research group. And so far, the administration hasn’t revealed to state and local education leaders exactly how it plans to tweak the law as it pursues renewal of the Elementary and Secondary Education Act. The NCLB law is the latest version of the ESEA.

“So far, I think they’ve created the impression that they are just layering new requirements on top of the old ones,” Mr. Jennings, a former education committee aide to House Democrats, said of Obama administration officials.

At the same time, he said, “we wouldn’t be having this debate about whether the federal government is too intrusive if there was a feeling that public schools were doing well.

“We’ve had four presidents in a row, two Democrats and two Republicans, who’ve had a pretty consistent message on this,” he said. “I don’t think the states have taken into account the national concern about moving faster to improve public schools.”

Marvin W. Lucas, a Democratic state representative from North Carolina who is a member of the NCSL task force, agrees that the federal imprint on K-12 policy has grown too large, especially under the requirements of the NCLB law. But he is more optimistic than some of his colleagues about the impact of the Obama administration’s agenda.

“We still don’t know a lot about what they are going to do in [the ESEA reauthorization], but if they are already talking about getting rid of [adequate yearly progress], then that’s a move in the right direction,” said Mr. Lucas, a retired principal who chairs the House education committee in the North Carolina legislature.

The NCSL report argues that the federal government should leave the bulk of K-12 policymaking to the states and to districts, but it does call for the U.S. Department of Education to ramp up funding for the very disadvantaged and those with disabilities.

The federal government is spending only slightly more than 7 cents out of every public dollar invested in K-12 education (which does not take into account the one-time funds provided to schools through the economic-stimulus package), according to the NCSL. According to 2006-07 data from the National Center for Education Statistics, the federal contribution was slightly higher, at 8.5 percent.

Given the limited federal share, Washington’s stamp on policy should be in balance, Mr. Saland said. “That’s a disproportionate influence by a player that has the least financial stake in the outcome,” he said.

A version of this article appeared in the February 10, 2010 edition of Education Week as State Lawmakers Warn of Federal Intrusion

Events

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

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 ‘None of This Is Abstract’: The Real Harm of Trump’s Ed. Dept. Civil Rights Move
Here’s why families will feel it when student civil rights enforcement moves to the Justice Dept.
Alumni Collective of the U.S. Dept. of Ed., Office for Civil Rights
4 min read
Image of a box of files
Laura Baker/Education Week + Getty
Federal Special Ed. and Civil Rights: What We Know About the Ed. Dept.'s Latest Moves
Special education is moving to HHS, and civil rights enforcement is moving to DOJ.
6 min read
Letters on the Department of Education building are missing after removal of America 250 banners, which included those of Booker T. Washington, Catharine Beecher and Charlie Kirk, March 18, 2026, in Washington.
Letters on the U.S. Department of Education building are missing in this March 18, 2026, photo in Washington. The agency last week announced it's transferring day-to-day management of special education and civil rights enforcement to different Cabinet agencies, the latest push by the Trump administration to dismantle the Education Department.
Allison Robbert/AP Photo
Federal Trump's Justice Dept. Investigates Dozens of Districts Over LGBTQ+ Curricula
The investigations target how schools discuss sexuality and gender identity and whether parents can opt their children out of lessons.
8 min read
The U.S. Department of Justice is investigating how 43 school districts in three states teach about sexuality and gender identity and whether they give parents the opportunity to opt their children out of lessons that conflict with their religious beliefs on June 16, 2026.PICTURED, Protesters gather outside the Glendale Unified School District headquarters in Glendale, California, on June 20, 2023. Over 300 people gathered outside the Glendale Unified School District headquarters, as protests continued over the issue of teaching children about same-sex parents and queer issues.
Protesters gather outside the Glendale school district in Glendale, California, on June 20, 2023 over the issue of teaching children about same-sex parents and queer issues. The U.S. Department of Justice is now investigating three other school districts over LGBTQ+ themes in sex ed. and beyond. (The Glendale district is not one of them.)
DAVID SWANSON / AFP via Getty Images
Federal Education Department Moves Special Ed. and Civil Rights to Other Agencies
Special education programs help schools serve more than seven million K-12 students with disabilities nationwide.
9 min read
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026.
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026. The U.S. Department of Education is moving its office for civil rights to the Justice Department as part of a fresh wave of outsourcing.
Bill Clark/CQ Roll Call via AP