Spending Money We Don’t Have On Something We Don’t Need To Do

On Monday The Wall Street Journal reported that President Obama plans to restore funds for prisoners to get Pell Grants for college.

The article reports:

The plan, set to be unveiled Friday by the secretary of education and the attorney general, would allow potentially thousands of inmates in the U.S. to gain access to Pell grants, the main form of federal aid for low-income college students. The grants cover up to $5,775 a year in tuition, fees, books and other education-related expenses.

Prisoners received $34 million in Pell grants in 1993, according to figures the Department of Education provided to Congress at the time. But a year later, Congress prohibited state and federal prison inmates from getting Pell grants as part of broad anticrime legislation, leading to a sharp drop in the number of in-prison college programs. Supporters of the ban contended federal aid should only go to law-abiding citizens.

Shouldn’t Congress be the group to make this decision? The goal is to educate prisoners so that they can get jobs when they leave prison. The theory is that an educated prisoner is less likely to return to prison. That is the theory, but it seems to me that this is another example of rewarding bad behavior. What about the middle-class families struggling to pay for their children’s education? Shouldn’t we make more money available to them rather than to prisoners?

The article reports:

Stephen Steurer, head of the Correctional Education Association, an advocacy group, said two Education Department officials told him at a conferenceearly this month the agency was moving to restore Pell grants for prisoners and allow many colleges and universities to participate. Money from the grants would directly reimburse institutions for the cost of delivering courses in prisons rather than go to prisoners, Mr. Steurer said.

“It will be substantial enough to create some data and to create enough information for some evaluation,” said Rep. Danny Davis (D., Ill.), who is co-sponsoring a bill with Rep. Donna Edwards (D., Md.) to permanently restore Pell grants for prisoners.

Let’s let Congress vote on this bill–it shouldn’t be done by the President.

The Questionable Roots of Common Core

On November 14th, the Cato Institution posted an article about the waivers given in the “No Child Left Behind” program. The waivers were issued very selectively and were used as a means to get states to approve Common Core educational standards.

The article reports:

If the outcry over unilateral executive moves we’ve seen over the last few years remains consistent, Obamacare and immigration are likely to keep sucking up most of Republicans’ attention and the media’s coverage. But just as sweeping have been executive waivers issued from the hated No Child Left Behind Act – really the most recent reauthorization of the Elementary and Secondary Education Act – that have been instrumental in connecting numerous states to, among other things, the Common Core national curriculum standards. And yesterday, the Education Department issued guidance offering states the chance to obtain waivers – if they do the administration’s bidding, of course – lasting well into the term of the next president: the 2018-19 school year.

These waivers are almost certainly illegal – even a Congressional Research Service report often cited to suggest the opposite says they are unprecedented in scope and, hence, an untested case – and even if they are not deemed technically illegal, the reality is they still amount to the executive department unilaterally making law. NCLB does grant the Secretary of Education the authority to issue waivers from many parts of the Act, but it grants no authority to condition those waivers on states adopting administration-preferred policies. Indeed, as University of South Carolina law professor Derek W. Black writes in a recent analysis of waivers, not only does NCLB not authorize conditional waivers, even if a court were to read any waiver authorization as implicitly authorizing conditions, the actual conditions attached – “college- and career-ready standards,” new teacher evaluations, etc. – fundamentally change the law. In fact the changes, Black notes, are essentially what the administration proposed in its 2010 “blueprint” to reauthorize NCLB. And quite simply, the executive fundamentally changing a law is not constitutional.

The federal government is now taking direct power over what our children learn. That is not only unconstitutional–it is dangerous.