No Child Left Behind for the Teachers Left Behind: Returning Education to the Educators

Resumen

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Introduction . I. Background: the text and operation . A. Teachers. B. Parents and Students. II. Challenging the NCLBA . A. Reasons for Dismissal. B. Federal Coercion. 1. The General Welfare. 2. Unambiguous Conditions. 3. Federal Interests. 4. Unconstitutional Activity. 5. Coercion. a. From Pressure to Compulsion. b. With Money Comes Problems. III. Regaining control of education . Conclusion .

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Extracto

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No Child Left Behind for the Teachers Left Behind: Returning Education to the Educators

The author would like to thank the teachers from the West Holmes School District who provided invaluable observations for use in this Comment. Professors Mark Brown and Erwin Chemerinsky offered guidance and support throughout the development of this Comment.

Introduction .

In 2002, America's teachers faced a choice: comply or defy. Compliance meant time and money.1 Defiance meant embarrassment2 and potential unemployment.3 This "choice" arose when President George W. Bush supplemented the Elementary and Secondary Education Act by signing the No Child Left Behind Act (NCLBA),4 which has teachers throughout the country concerned about the future of education.5 Even though the goal of the NCLBA-nationwide proficiency in mathematics, reading, and science6-is honorable, the path taken to achieve this goal infringes upon dual sovereignty and forces state-run educational institutions to implement a federal education program.7

Since the codification of the NCLBA, the future of education has found itself in the hands of the legal system, as court battles over the NCLBA emerge throughout the United States to determine its validity.8Educators have an interest in these court decisions because numerous provisions in the NCLBA changed the way teachers operate.9 This Comment analyzes the constitutional issues resulting from the enactment of the NCLBA, which uncovers the legal arguments that favor allowing educators to regain control of their classrooms. Even though worthwhile legal challenges need to be brought by the states and not by individual educators, this Comment uses teachers' insights to identify the benefits of ousting the NCLBA.

To return education to the educators, the NCLBA must be attacked on two fronts: the limitations on congressional spending power in Article I, Section Eight, of the United States Constitution, and the dual sovereignty requirement of the Tenth Amendment. This Comment is divided into three parts. Part I examines the NCLBA and discusses some key provisions. Part II sets forth the constitutional issues that result from the relationship between the NCLBA and states-run educational institutions. Then, Part III looks at the federal government's response to the attacks against the NCLBA and offers promising alternatives to the current situation.

I. Background: the Text and Operation .

In effect only since 2002, the overall impact of the NCLBA on education has yet to unfold. This Part presents the major ways the NCLBA affects teachers, parents, students, and school operations. As this Part will show, some of the provisions are very reasona...

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