President Obama’s contempt for the Constitution, and Secretary of Education Arne Duncan’s unfortunate disregard of that document, have been loudly and justly decried by critics of executive overreach. Less heralded, but equally troubling, is the mission creep of the Office for Civil Rights as it works to reshape the education world and to right whatever alleged wrongs it thinks it sees.
All of these officials and agencies are seeking to accomplish policy goals that they believe are good for America, and I’m not impugning their motives. But they are playing fast and loose with their job descriptions and responsibilities under law.
Much has been written and said about Obama and Duncan. Let’s focus here on OCR. Mike Petrilli has already exposed the folly of the agency’s witch hunt for disparate impact in school discipline and explained the challenges it will pose for educators trying to run schools that are conducive to learning. In the matter of sexual harassment, I and others have written about the ill-conceived substitution of university conduct codes, unreasonable evidentiary standards, and star-chamber procedures for longstanding law-enforcement practices. (This carries more than a whiff of hypocrisy, as those whom the government is “protecting” are the selfsame students who would bridle at any effort to constrain their freedom to have sex, get drunk, and skip class.)
The most recent exercise of mission creep and nanny-statism by OCR, and not yet adequately exposed, involves what the enforcers call “equal access to educational resources.” These include gifted-and-talented programs within schools as well as...