Arne Duncan may withdraw the waiver he extended to Washington State because it failed to adopt a test-based teacher evaluation system, as he demanded.
The first question is, what this will mean for Washington State, should Duncan withdraw the waiver? If the state reverts to the requirements of NCLB, then very likely every school and every district will be a “failing” school or district and therefore subject to draconian punishments, such as state takeover, takeover by a private management company, takeover by charter operators, or closure. In short, the entire state public school system would be privatized, subject to state control, or closed. The utter absurdity of NCLB would be on public display for all to see. That might be a valuable lesson for the nation, helping to hasten an end to a failed law.
Another interesting question that the Washington State issue raises is where Arne Duncan got the authority to set the terms of waivers from the law. Did Congress say he could do it? I don’t think so. Is it legal for him to create conditions that mirror Race to the Top requirements but without RTTT funding? Congress might want to know the answer to that question, especially Senator Patty Murray of Washington, who will not be happy to see her entire state branded a failure. Senator Murray is chair of the Senate Budget Committee and a member of the Senate Health, Education, Labor, and Pensions committee.
Third, why should he revoke his legally dubious waiver because a state fails to enact a program that has consistently failed wherever it was tried? Evaluating teachers by test scores has not worked anywhere, has received negative reviews from most education researchers, yet Duncan clings to it with religious faith.
Why should Washington State be punished for demonstrating good judgment, wisdom, and critical thinking?