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ERIC Number: ED532763
Record Type: Non-Journal
Publication Date: 2012-Mar
Pages: 6
Abstractor: As Provided
Reference Count: N/A
Waive to the Top: The Dangers of Legislating Education Policy from the Executive Branch. Education Outlook. No. 1
Riley, Benjamin
American Enterprise Institute for Public Policy Research
Nearly everyone in the education community agrees that the time has come to end, or seriously repair, the No Child Left Behind Act (NCLB); however, the process of doing so has become drawn out and contentious. With Congress not moving quickly enough to reauthorize the law, President Obama has announced a way to help states get around NCLB's requirements. His 2011 Elementary and Secondary Education Act (ESEA) Flexibility plan grants certain states waivers from NCLB accountability requirements if they agree to a series of preset conditions, including adopting challenging academic standards, developing educator evaluation systems, and improving the lowest-performing schools. Although many states are enthusiastic about obtaining this relief, the waiver plan poses several notable risks. Legally, it remains to be seen whether the executive branch has the authority to craft national education policy without the approval of Congress. Politically, support for waivers may wane as states begin to implement the administration's favored policies, particularly upon implementing the challenging Common Core standards. And logistically, the creation of two wholly different federal accountability regimes--waiver states and NCLB states--poses an incredible challenge for federal oversight. (Contains 19 notes.)
American Enterprise Institute for Public Policy Research. 1150 Seventeenth Street NW, Washington, DC 20036. Tel: 202-862-5800; Fax: 202-862-7177; Web site:
Publication Type: Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: American Enterprise Institute for Public Policy Research
Identifiers - Location: United States
Identifiers - Laws, Policies, & Programs: Elementary and Secondary Education Act; No Child Left Behind Act 2001