(Guest Post by Matthew Ladner)
One bit of 2014 business to address: Oklahoma got their NCLB waiver back after their universities certified their previous standards and tests (which compared relatively well to NAEP) as college and career ready. Note that the story includes the nugget that 40% of Oklahoma college students require remedial education despite those highly thought of standards and tests. Paging Dr. Loveless, Dr. Hanushek! It’s possible that it would have been even worse without good standards and tests but to borrow a line from Sol Stern, good standards and tests are not enough.
On the process issue conditional waivers exceed the authority of the United States Secretary of Education and constitute a piece in a larger mosaic of an attempt to rule by administrative fiat. Unlike the Hotel California, however, you can both check out and leave the CC either without penalty (Oklahoma) after jumping through a hoop. Alternatively states can call Secretary Duncan’s bluff and simply drop their NCLB waiver because the consequences just aren’t that big of a deal (Washington- still no waiver riots on the streets of Seattle). It might at some point occur to someone in Washington or some future waiver-dropping state to file suit over conditional waivers.
It appears that the Secretary has been bluffing with a weak waiver hand, smiling to himself as states all-too-eagerly fold. States wishing to leave the CC however should give some thought as to what they would like to get out of their state testing system rather than adopting a “shoot-ready-aim” approach. My Little Pony connect-a-dot tests may not merit the approval of state university systems, and unlike Oklahoma not all states have decent systems to fall back on. The exit door however is clearly open.