Education Next – Andy Smarick
“The dominant narrative about the Every Student Succeeds Act (ESSA) is that it shifts authority over schools back to state governments. But this belies a key feature of the legislation. Indeed, my biggest complaint about ESSA is that it leapfrogs the state government in important places, creating an unwelcome federal government-school district relationship. My objections are both legal and practical. Excepting for issues involving federally protected rights (such as discrimination), state governments are ultimately responsible for K-12. This is a matter of the Tenth Amendment’s reserved powers and its education-related case law, like San Antonio v. Rodriguez. It’s also explicit in state constitutions, which give state governments authority over primary and secondary schooling and place them squarely on the hook for delivering results. This is why, when plaintiffs sue over school funding or tenure rules, state governments—not districts—are the defendants. It’s also clear from state statutes. State laws create school districts and delegate power to them. State governments can decommission districts, consolidate them, take control of them, create new ones, or authorize other entities to deliver or oversee K-12 education.”(more)