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| NCLB: Secretary Duncan’s Authority Questioned |
| posted by: Alix | July 06, 2011, 03:44 PM |
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Summer 2011 was supposed to mark the end of the road for No Child Left Behind as we have come to know it. Last year, the Obama administration set a deadline for Congress to overhaul the controversial law. Despite the clearing of two bills meant to amend the law from the House Committee on Education and the Workforce, the Department of Education is not happy with the limited progress and is letting congressional leaders know it. In response, Secretary of Education Arne Duncan has proposed blanket waivers to the law to certain states in hopes of speeding up the process, leaving many questioning whether he has the authority to do so. According to a memo released yesterday by the Congressional Research Service, Secretary Duncan could end up in court over whether or not he has the legal authority to move forward with an initiative that allows states to ignore a federal law in exchange for arbitrary new requirements by the administration. Some opponents call Duncan's proposal not just overreaching, but highly illegal. Congressman John Kline (R-MN), chairman of the congressional committee responsible for revising the NCLB law, penned a letter to Duncan saying the committee was concerned with the proposal and asking for more information about the specific requirements for waivers. "Issuing new demands in exchange for relief could result in greater regulations and confusion for schools and less transparency for parents," Kline asserted. "Additionally, the proposal raises questions about the Department's legal authority to grant conditional waivers in exchange for reforms not authorized by Congress." The letter asked for a response by the Department of Education by July 1. There has been no response as of today. The CRS memo, dated June 28, outlined the legal implications of granting waivers by Secretary Duncan, affirming that while Duncan can grant waivers under section 9401, the privilege "appears very broad," made more complicated by the fact that Congress allowed for the waivers once before. "However, this analysis does not end the inquiry, given that ED may face other legal challenges to its use of such authority," further explained the memo. Essentially while it has been done before, the technicalities are clearly murky to say the least. Experts predict that with the procedure brought into question Secretary Duncan will most likely back off his hard-lined plan. While few are content with NCLB and its current provisions, which demand an emphasis on reading and math, most contend the law's requirement of 100% student "proficiency" by 2014 is an unrealistic feat. Further, while the plan would temporarily relieve regulatory requirements, waivers could potentially hold states accountable to Obama-backed reforms without congressional oversight. With the infighting continuing, only time will tell if this holding pattern will continue. No education legislation is currently on the House calendar for debate this summer. Do you think Secretary Duncan's actions are appropriate and legal? Comment below.
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