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Here is the deal folks, after speaking with several attorneys, the language that Texas Congressman John Culbertson has put forth, stating that the state must Opt- In to ESEA/NCLB will, first, not do what it is intended to do and second, Republican Congressmen need to actually read the Constitution.
— Congress has no right to dictate terms under which states “waive” their sovereignty. Their sovereignty comes from the Constitution, not Congress.
— The language still allows the legislative waiver to take place via a vote on the budget. That means the federal grant will be rolled into the myriad provisions of the annual state budget, which means the legislators will not be able to focus on this particular grant and the strings attached, which means the “waiver” will be made without fully understanding the ramifications. And the bill says the legislature will now have agreed to abide by any conditions Education Secretary Arne Duncan may come up with.
In a response to my concerns yesterday, Culbertson indicated that his language is what is needed to give power back to the states via an Opt-In provision.
What Texas parents like myself are particularly concerned about is the wrapping of K-12 education into a workforce development system binding all students. Nominally led by the states, this emphasis goes to regulations pushed by both the federal Department of Labor and Education. Last July’s (WIOA) Workforce Innovation and Opportunity Act, which my research indicates passed with 223 Republicans voting for and 6 voting Nay, last summer, hastens this shift and binds the states. This is a link to the pending regulations under WIOA that came out within the last week. http://wdr.doleta.gov/directives/attach/TEGL/TEGL_19-14.pdf
Take special note of page 6 of what the Labor department just released: “it is important to review state legislation and identify areas that may conflict with WIOA to develop plans and strategies that resolve these conflicts. When state and federal laws conflict, federal laws take precedence.”
In a statement sent to me yesterday Culbertson stated, “The best thing I can do as a Conservative is restore the 10th Amendment, and let Texas Run Texas.”
My question is, why isn’t the WIOA legislation and its impact on K-12 a problem under the 10th Amendment?
Isn’t this grant money to the states that impacts the purpose of K-12 also problematic?
It makes me wonder, is this a bait and switch.
As I see it, if states opt out of NCLB/ESEA, Congress has already passed WIOA. If Texas opts- in, we have just handed over our state sovereignty to the Federal Government at the hands of the Republicans.
Makes you go…. HHMMMMMMM!
I think Mel Moss was right, we are funding our own demise and allowing them to use our children to do it!!