The federal Elementary and Secondary Education Act (misleadingly dubbed the “No Child Left Behind” act by the Bush administration) is probably administered unconstitutionally and illegally in Wisconsin, according to an opinion from the state attorney general released Wednesday (May 12, 2004).

In response to a request from Senator Fred Risser, Attorney General Peg Lautenschlager issued an opinion finding that the federal government is requiring state governments to spend their own money to implement the law, in violation of federal statutes and the Constitution. The opinion encourages school boards and the state government to challenge the law in court.

“This opinion shines a spotlight on the many problems with this law,” Wisconsin Education Association Council President Stan Johnson said. “The ESEA amounts to an unfunded mandate imposed by the federal government. It could require the largest property tax increase in Wisconsin history.”

Johnson said the ESEA’s punitive requirements force school districts to focus on the wrong priorities by wasting scarce resources on excessive standardized testing, bureaucracy and paperwork.

“It could cost Wisconsin taxpayers more than $2 billion to fully implement the ESEA’s unfunded mandates,” Johnson said. “Supporters of property tax freeze gimmicks should take into consideration the vast impact of this law on property taxes.”

Johnson said the ESEA forces a one-size-fits-all approach on children, regardless of their learning differences and needs.

“The law does not allow school districts to create a great school for every child,” Johnson said. “It allows the federal government to make decisions about how Wisconsin children are educated, taking control away from school boards, parents and communities. It punishes schools and communities based on how children perform on a single test. Every child can learn, but parents and teachers know that children don’t learn at the same speed or in the same way. This law focuses on failure instead of rewarding success.

"The education community is focused on what children really need: smaller classes, quality teaching, more parental involvement, and up-to-date books and materials.”

Johnson said the opinion may encourage other states to stand up and demand that the law be fixed and funded.

“This is the first ruling of its kind in the United States and sets a national precedent,” he said. “Other states face the same crisis as Wisconsin. We urge school districts or the state government to go to court and correct this injustice. The Bush administration should not be allowed to continue to hide behind rhetoric. The law as it stands now is nothing less than a cruel, ill-conceived means to justify shifting federal dollars into the pockets of private education profiteers. It is one more dramatic example of how the Bush administration is leading this country in the wrong direction.

Resource Page on ESEA

Posted May 13, 2004

Education News