He notes that the Department of Education didn’t come into being until 1980, but large-scale involvement of the federal government in education dates from 1965. In this piece he delves into the historical justifications and evolution of how education came under federal guidance, and based on its track record whether it should remain so. In the age of Common Core, of public education disappointing parents and failing children, it is an enlightening piece that’s worth a read in its entirety. Here are some important highlights:
On whether the Department of Education is constitutional:
“At the time the Constitution was written, education was not even considered a function of local government, let alone the federal government. But the shakiness of the Department of Education’s constitutionality goes beyond that. Article 1, Section 8 of the Constitution enumerates the things over which Congress has the power to legislate. Not only does the list not include education, there is no plausible rationale for squeezing education in under the commerce clause. I’m sure the Supreme Court found a rationale, but it cannot have been plausible.
On a more philosophical level, the framers of America’s limited government had a broad allegiance to what Catholics call the principle of subsidiarity. In the secular world, the principle of subsidiarity means that local government should do only those things that individuals cannot do for themselves, state government should do only those things that local governments cannot do, and the federal government should do only those things that the individual states cannot do. Education is something that individuals acting alone and cooperatively can do, let alone something local or state governments can do.”
On whether there are serious problems in education that can be solved only at the federal level:
“The first major federal spending on education was triggered by the launch of the first space satellite, Sputnik, in the fall of 1957, which created a perception that the United States had fallen behind the Soviet Union in science and technology. The legislation was specifically designed to encourage more students to go into math and science, and its motivation is indicated by its title: The National Defense Education Act of 1958. But what really ensnared the federal government in education in the 1960s had its origins elsewhere—in civil rights. The Supreme Court declared segregation of the schools unconstitutional in 1954, but—notwithstanding a few highly publicized episodes such as the integration of Central High School in Little Rock and James Meredith’s admission to the University of Mississippi—the pace of change in the next decade was glacial.
Was it necessary for the federal government to act? There is a strong argument for “yes,” especially in the case of K-12 education. Southern resistance to desegregation proved to be both stubborn and effective in the years following Brown v. Board of Education. Segregation of the schools had been declared unconstitutional, and constitutional rights were being violated on a massive scale. But the question at hand is whether we need a Department of Education now, and we have seen a typical evolution of policy. What could have been justified as a one-time, forceful effort to end violations of constitutional rights, lasting until the constitutional wrongs had been righted, was transmuted into a permanent government establishment. Subsequently, this establishment became more and more deeply involved in American education for purposes that have nothing to do with constitutional rights, but instead with a broader goal of improving education.”
On the federal government’s track record in education:
“As I documented in my book, Real Education, collateral data from other sources are not as detailed, nor do they go back to the 1940s, but they tell a consistent story. American education had been improving since World War II. Then, when the federal government began to get involved, it got worse.
I will not try to make the case that federal involvement caused the downturn. The effort that went into programs associated with the Elementary and Secondary Education Act of 1965 in the early years was not enough to have changed American education, and the more likely causes for the downturn are the spirit of the 1960s—do your own thing—and the rise of progressive education to dominance over American public education. But this much can certainly be said: The overall data on the performance of American K-12 students give no reason to think that federal involvement, which took the form of the Department of Education after 1979, has been an engine of improvement.”
On the education of the disadvantaged, especially minorities:
“What about the education of the disadvantaged, especially minorities? After all, this was arguably the main reason that the federal government began to get involved in education—to reduce the achievement gap separating poor children and rich children, and especially the gap separating poor black children and the rest of the country.
The most famous part of the Elementary and Secondary Education Act was Title I, initially authorizing more than a billion dollars annually (equivalent to more than $7 billion today) to upgrade the schools attended by children from low-income families. The program has continued to grow ever since, disposing of about $19 billion in 2010 (No Child Left Behind has also been part of Title I).
Supporters of Title I confidently expected to see progress, and so formal evaluation of Title I was built into the legislation from the beginning. Over the years, the evaluations became progressively more ambitious and more methodologically sophisticated. But while the evaluations have improved, the story they tell has not changed. Despite being conducted by people who wished the program well, no evaluation of Title I from the 1970s onward has found credible evidence of a significant positive impact on student achievement. If one steps back from the formal evaluations and looks at the NAEP test score gap between high-poverty schools (the ones that qualify for Title I support) and low-poverty schools, the implications are worse. A study by the Department of Education published in 2001 revealed that the gap grew rather than diminished from 1986—the earliest year such comparisons have been made—through 1999.
That brings us to No Child Left Behind. Have you noticed that no one talks about No Child Left Behind any more? The explanation is that its one-time advocates are no longer willing to defend it. The nearly-flat NAEP trendlines since 2002 make that much-ballyhooed legislative mandate—a mandate to bring all children to proficiency in math and reading by 2014—too embarrassing to mention.
In summary: the long, intrusive, expensive role of the federal government in K-12 education does not have any credible evidence for a positive effect on American education.”
Read Charles Murray’s entire piece here.