Blog Federalizing Education by Waiver?

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Education / Government

Federalizing Education by Waiver?

 

Derek W. Black


University of South Carolina – School of Law

August 22, 2014
Vanderbilt Law Review, Forthcoming

Abstract:

In the fall of 2012, the United States Secretary of Education told states he would use his statutory power to waive violations of the No Child Left Behind Act (NCLB), but only on the condition that they adopt his new education policies — policies that had already failed in Congress. Most states had no real choice but to agree because eighty percent of their schools were faced with statutory sanctions and fund termination. As a result, the Secretary was effectively able to federalize two core aspects of public education over the next year. For the first time, school curriculum and the terms of teacher evaluation and retention came under the influence and control of the federal government.

 

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