From Avoiding the National Curriculum Debate, to Smothering It, Just When We Need It Most
Former Florida governor Jeb Bush cares about education. He made major education reforms in the Sunshine State, including many centered on private school choice. He has established the Foundation for Excellence in Education, and dedicates much of his time to education reform. Unfortunately, when it comes to national curriculum standards, it seems his genuine caring has led him to avoid—and now attempt to quash—critical debate on both the dubious merits of national standards, and the huge threats to federalism posed by Washington driving the standards train.
As I’ve complained on numerous occasions, it’s clear that supporters of national standards have employed a stealth strategy to get their way: back-room drafting of standards, content-free Language Arts, and, especially, employing the maddening mantra that national standardization is “state-led and voluntary.” Sadly, you can now add quashing debate to that, even among conservatives and libertarians with longstanding and crucial federalism and efficacy concerns. And according to Education Week, it appears that Jeb Bush—whose foundation just a couple of years ago invited me to participate in a panel discussion on national standards—is taking point on the smothering strategy:
In this space, we’ve been telling you about a few efforts in state legislatures to complicate adoption or implementation of common standards … A move that had the potential to involve many states unfolded last week in New Orleans, but was stopped in its tracks. And none other than former Fla. Gov. Jeb Bush, revered by many conservatives, was involved in stopping it.
The Education Week report links to a letter that Mr. Bush sent to a subcommittee of the American Legislative Exchange Council that was slated to simply take up discussion of model legislation opposing national standards. Mr. Bush urged members to table the proposal. In other words, he urged them to not even talk about it, because apparently even considering that the Common Core might have dangerous downsides should be avoided, even among people who believe in individualism and liberty.
Unfortunately, quashing debate arguably wasn’t the worst aspect of Mr. Bush’s letter. No, that was the fundamentally flawed pretenses he offered for why Common Core should be embraced without debate.
Remember When National Standards Were Going to be “Voluntary”?
In a speech today to the National Governors’ Association, President Obama proposed that states do exactly as he tells them regarding national education standards, or his government will take their people’s money and not give it back. The applause was… light.
Under the president’s preferred reform to federal education law, states would have to bring their curriculum standards into line with his administration’s wishes or they would be denied their share of the $14.5 billion education program known as “Title 1.”
But of course taxpayers in every state must pay for Title 1, whether or not the administration deigns to allow their children to participate. So the president wants to take their money and only give it back if they do as he says. The closest word I can think of to describe this arrangement is… extortion.
I’m fairly sure that’s not a central value underlying American greatness, but there’s another political entity that it does evoke.
Will a False Crisis Revive REAL ID?
I’ve written here before about how the National Governors Association is seeking to peddle state power over driver licensing and identification to the federal government in order to cement its role as a supplicant for states in Washington, D.C.
NGA is currently seeking to drum up a false, end-of-year driver license crisis to convince Congress to pass a new version of REAL ID called PASS ID, moving the national ID project forward.
The letter says that states must be “materially compliant” with the REAL ID Act by the end of the year or their citizens will not be able to use their driver’s licenses as identification to board commercial aircraft. This is technically true, in one sense, but it omits some important information.
The statutory deadline for REAL ID compliance was actually a year and a half ago, May of 2008. No state was in compliance then, and the Department of Homeland Security gave out deadline extensions wholesale—even to states that didn’t ask for them.
If Congress takes no action by the end of the year, the DHS will simply do this again. There is no end-of-year driver license crisis.
And it’s no harm, no foul—nobody who has studied identity-based security believes that the national ID law would cost-effectively protect the country. Ignoring or repealing REAL ID are the best paths forward.
The NGA, of course, believes that states will be better off with its preferred version of REAL ID. Some of the sharpest corners are taken off REAL ID in the new ”PASS ID“ version, but states are kidding themselves if they think PASS ID is good for their bottom lines.
As I wrote before—twice!—PASS ID is likely to cost states as much or more than REAL ID. Its requirements are essentially the same, and its implementation deadline—one of the biggest cost drivers—is tighter in some respects than REAL ID.
Will Congress slip PASS ID into law by the end of the year the way REAL ID was slipped into law four-plus years ago? It’ll be interesting to see…
Recapping the Costs of the REAL ID Revival Bill
In late July, the Senate Homeland Security and Governmental Affairs Committee passed a new version of PASS ID, the REAL ID revival bill. I’ve posted about various dimensions of it: the national ID question, the politics of PASS ID, whether PASS ID protects privacy, a run-down of the Senate hearing on it, and the inexplicable support of the Center for Democracy and Technology for this national ID law.
Three months later, the committee still has not reported the bill, meaning that the public doesn’t get access to the version the committee passed. (A resolution in the House would require committees there to publish amendments to bills within 24 hours.) But the Congressional Budget Office scored the bill this week. That is often a signal that legislation is on the move.
So it’s a good time to look at costs again. The National Governors Association and the National Conference of State Legislatures both premised their support for PASS ID on the idea that it would reduce costs to states to just $2 billion.
But in July I examined the likely costs of PASS ID and NGA’s cost calculations. To save you a burdensome click, here are some highlights:
The Best Defense against National Standards? Hearing about National Standards
I’ll admit it: When I go to an event intended to tout an idea I think is wrong, I get a little nervous. What if I hear an argument that’s so convincing it forces me to totally reevaluate my position? All my work will have been for naught! Well, I had just such worries as I headed toward the Thomas B. Fordham Institute’s “International Evidence about National Standards” conference yesterday.
I needn’t have worried. What I heard made me even more certain that imposing national academic standards – whether through state compacts, or worse, “incentivized” with federal dollars – is doomed to failure, just as I have been saying for years.
First, there’s likely political failure. Yes, Secretary of Education Arne Duncan and other high-profile education folks have recently been talking about the need for common standards – or at least the folly of having 50 different state standards – and many people think national standards would be great. But though people may love the idea of national standards, when it comes to actually creating and implementing them, love quickly turns to anger.
The second panel of the day, featuring Dane Linn of the National Governors Association and Gene Wilhoit of the Council of Chief State School Officers – whose organizations are working together to create national standards – made this abundantly clear. While people at the conference might have agreed that national standards are peachy in theory, they couldn’t agree at all on who should write them. Indeed, they couldn’t even agree on their general shape: While Linn and Wilhoit stressed the need for higher and narrower standards, the Fordham Institute’s Michael Petrilli, who moderated the panel, said that his group, the conference convener, could very well find itself opposing narrow standards that include too little.
If you can’t get people who really believe that we need national standards to agree on even their basic shape, why would anyone think that they could get a majority of Americans to agree on a single standard?
The REAL ID Revival Bill Should Not Get a PASS
A draft Senate bill to revive the REAL ID Act has been leaked to to the anti-immigrant Center for Immigration Studies, and they find it wanting.
The bill is an attempt to smooth down REAL ID and make the national ID law more palatable. CIS is unhappy because they want a national ID implemented right away.
REAL ID is, of course, failing. Just ten months ago, the Bush Administration’s Secretary of Homeland Security granted waivers to every state in the country – not a single one of them was in compliance by the May, 2008 deadline, and several have statutorily barred themselves from complying.
Legislation to repeal REAL ID in both the House and Senate was introduced in the last Congress, but with an administration and Department of Homeland Security eager to demagogue the issue against a Democratic Congress, that legislation did not move. Repealing REAL ID would not have the same problem in the current Congress.
But since then, Washington’s wheels have been turning. The National Governors Association has turned into an advocate of reviving REAL ID because it hopes that federal dollars will flow behind federal mandates. They won’t, but reviving REAL ID will cement NGA’s role as a beggar for federal dollars in Washington. (Maybe other state legislator groups, as well.)
Everbody in Washington, D.C. salivates over the chance to make “deals” even if that means switching positions on issues of principle like whether the U.S. should have a national ID. We’ll be watching to see which political leaders reverse themselves and support this attempt at a national ID for their love of political dealmaking.
The working name of the REAL ID revival bill is the “PASS ID Act.” It should not be given a pass by opponents of a U.S. national ID and the REAL ID Act.

