Rubio Against Lawlessness

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September 15, 2011

I read with interest a certain Florida Today editor’s article attacking Senator Marco Rubio in his call for a Federal official to obey the law. I can’t say I was surprised at the title (Rubio Against Schools) or at the content. It is not unusual for liberals to support lawlessness, if it moves their agenda forward. It’s not unusual for anti-tea party, anti-republican, opinion-laden DNC talking points to pass as journalism these days. Scaring parents, teachers and children are just as much part of the liberal playbook as scaring old people (read – “I don’t know if the checks will go out or not.”) The article was disguised as a plea for better education for our children (poorly disguised). It was clearly a plea for Democrats and the union lobby to seize an opportunity to impugn one of the few bright lights in D.C. today, Senator Marco Rubio.

What has sparked the ire of the liberals (and the teacher lobby, no doubt) is Senator Rubio’s letter to DOE Secretary Arne Duncan requesting that he not BREAK THE LAW. Shame on you Mr. Rubio! The audacity of a legislator asking another Federal official to obey the law – how dare you!

What has spurred Senator Rubio to stand in protection of state and parental rights is the recent actions of Education Secretary Arne Duncan.

In the typical Mafioso style we have come to expect, Mr. Duncan seeks to strong-arm the states through the administration’s NCLB waiver program. The Secretary has offered NCLB waivers to states if they agree to adopt national standards or pursue other educational goals of the administration. However, the very laws creating the DOE and NCLB expressly forbid this action.

The Act creating the Department of Education states:

NCLB very clearly says:

‘Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction. [Section 1905]

Senator Rubio is not “against schools.” His stance is, in fact, pro-schools, pro-parental and local control – JUST LIKE THE LAW. The Law puts PARENTS, through their LOCAL governments, squarely in charge of our children’s education.

Title 20 USC has this to say: “parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role;” (20 USC 3401 sec. 3)

“It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies.” (20 USC 3404 sec. a)

The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States (20 USC 3404 sec. a)

No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law. (20 USC 3404 sec. b)

I really don’t see how it could be clearer. Let’s fix our educational deficiencies, but let’s do it lawfully.