Ed Waivers, Junk Rating Systems & Misplaced Blame: Case 1 – New York State
I hope over the next several months to compile a series of posts where I look at what states have done to achieve their executive granted waivers from federal legislation. Yeah… let’s be clear here, that all of this starts with an executive decision to ignore outright, undermine intentionally and explicitly, federal legislation. Yeah… that legislation may have some significant issues. It might just suck entirely. Nonetheless, this precedent is a scary one both in concept and in practice. Even when I don’t like the legislation in question, I’m really uncomfortable having someone unilaterally over-ride or undermine it. It makes me all the more uncomfortable when that unilateral disregard for existing law is being used in a coercive manner – using access to federal funding to coerce states to adopt reform strategies that the current administration happens to prefer. The precedent at the federal level that legislation perceived as inconvenient can and should simply be ignored seems to encourage state departments of education to ignore statutory and constitutional provisions within their states
