Furthermore, I am concerned that the administration’s requirements for granting a waiver from NCLB would entail states having to adopt a federally-approved “college and career ready” curriculum: either the national Common Core standards, or another federally-approved equivalent. I am also concerned that the U.S. Department ofEducation has created, through its contractors, national curriculum materials to support these Common Core standards. Such activities are unacceptable; they violate three existing laws: NCLB, the Department of Education Organization Act, and the General Education Provisions Act. All three laws prohibit the federal government from creating or prescribing national curriculum. If you believe that conditional waivers tied to content standards do not violate these laws, I invite you to explain the reasoning underlying that belief.
Rubio is not alone in conservative circles. Writes influential CATO institute analyst Andrew J. Coulson: