How States And School Districts Can Opt Out Of Common Core

States that want to opt out of the Common Core Learning Standards (CCLS) and/or the tests aligned to or based on its standards are being threatened by a toothless tiger that doesn’t want the states to know the tiger has no claws.

States are hearing, “It’s too late to back out”; “You’ll waste all the money you’ve spent on implementing the [low-level Common Core] standards your state board of education adopted three years ago”; “You’ll waste all the money you’ve spent on [self-described] Common Core consultants who have given [very costly] professional development to your teachers and told them what to change in their classroom curriculum to address Common Core”; “You will have to pay back all the money you got under Race to the Top (RttT)”; or, “You will lose your waiver and not get your Title I money.”

Can the U.S. Department of Education (USED) demand repayment from states that got RttT funds? Can it withhold Title I money from a state that loses its waiver? It is important to recall that Congress didn’t pass legislation requiring Common Core’s standards or tests. All it authorized in 2001 was a re-authorization of the Elementary and Secondary Education Act (ESEA) called No Child Left Behind (NCLB). ESEA hasn’t been re-authorized since then, so there are no new or different education policies passed by Congress. A variety of conditions have been attached to the recent waivers issued by USED, but they may have no constitutional legitimacy since Congress didn’t approve them. States can certainly raise that objection.

At the national level:
 
If a state received RttT money and spent it, it most likely doesn’t have to pay it back if it now seeks to opt out of using Common Core’s standards (by any name) and any tests aligned to or based on these standards. Neither the RttT application nor the grant award from USED contained a repayment penalty for withdrawing from a commitment. Moreover, the Grant Award Notification from USED implied withholding of future RttT funds, not repayment of RttT funds already expended.

In other words, there seem to be no likely penalties if a state accepted a USED award of RttT funds and now chooses to withdraw from the agreement. States can justify their withdrawal on the grounds that the Common Core standards do not meet the original requirements of “common standards” outlined in the RttT application. These standards were supposed to be “supported by evidence that they are internationally benchmarked.” But they are not. The Common Core Validation Committee never received any evidence.
Nor has evidence been provided by two post hoc attempts to provide such evidence: the 2011 report by David Conley at the University of Oregon and the 2012 report by William Schmidt and a colleague at Michigan State University, Richard Houang. Conley’s report, funded by the Gates Foundation, contradicted the findings in his 2003 pre-Common Core report on college-readiness standards, while Schmidt and Houang’s report has been severely criticized on methodological grounds. It is unclear who funded it.


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