Fordham Claims ESEA Waivers Are Unconstitutional
The Thomas B. Fordham Insitute, which claims to be a conservative think tank, has come out withthis post that makes the case for declaring the conditional ESEA waivers granted by the U.S. Department of Education unconstitutional. They take issue with the conditions put on the waivers by Secretary Duncan. Mike Petrilli, the author, said, “He [Duncan] has the right to offer greater flexibility to the states when it comes to the law’s ‘adequate yearly progress’ measures and other parts of its accountability system. What he has no constitutional right to do is dream up new mandates out of thin air and make flexibility contingent upon their embrace by supplicant states.” I will give credit where it is a due and congratulate Fordham for getting something right. There has been a gross overstepping of authority by the federal government in education and it is time for the states to stand up and call them out on it.
Petrilli points out that, not only has the department put conditions on the waivers, but spelled out exactly how the states will satisfy those conditions.
Let’s follow the example of the D.C. Circuit and examine the clear language of the applicable law. Section 9401 of ESEA plainly states that “the Secretary may waive any statutory or Fordham Claims ESEA Waivers Are Unconstitutional | Missouri Education Watchdog: