The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers Author(s): Robert S. Eitel and Kent D. Talbert, with contributions by Williamson Evers — Publication date: 2012-02-09 Category: Education Abstract: Unfortunately, in three short years, the present Administration has placed the nation on the road to a national curriculum. By leveraging funds through its Race to the Top Fund and the Race to the Top Assessment Program, the Department has accelerated the implementation of common standards in English language arts and mathematics and the development of common assessments based on those standards. By PARCC’s and SBAC’s admission, these standards and assessments will create content for state K-12 curriculum and instructional materials. The Department has simply paid others to do that which it is forbidden to do. This tactic should not inoculate the Department against the curriculum prohibitions imposed by Congress.

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203801February 7, 2012February 7, 2012