HOW STATES AND SCHOOL DISTRICTS CAN OPT OUT OF COMMON CORE

by DR. SANDRA STOTSKY

States that want to opt out of the Common Core Learning Standards (CCLS) and/or the tests aligned to or based on its standards are being threatened by a toothless tiger that doesn’t want the states to know the tiger has no claws.

States are hearing, “It’s too late to back out”; “You’ll waste all the money you’ve spent on implementing the [low-level Common Core] standards your state board of education adopted three years ago”; “You’ll waste all the money you’ve spent on [self-described] Common Core consultants who have given [very costly] professional development to your teachers and told them what to change in their classroom curriculum to address Common Core”; “You will have to pay back all the money you got under Race to the Top (RttT)”; or, “You will lose your waiver and not get your Title I money.”

Can the U.S. Department of Education (USED) demand repayment from states that got RttT funds? Can it withhold Title I money from a state that loses its waiver? It is important to recall that Congress didn’t pass legislation requiring Common Core’s standards or tests. All it authorized in 2001 was a re-authorization of the Elementary and Secondary Education Act (ESEA) called No Child Left Behind (NCLB). ESEA hasn’t been re-authorized since then, so there are no new or different education policies passed by Congress. A variety of conditions have been attached to the recent waivers issued by USED, but they may have no constitutional legitimacy since Congress didn’t approve them. States can certainly raise that objection.

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