The Tampa Bay Times published an editorial saying that the U.S. Department was “out of line” for threatening to yank Florida’s NCLB waiver.

Duncan took away Washington State’s waiver because the legislature refused to tie teacher evaluations to student test score. So now, schools across the state must send home letters saying that their child attends a “failing” school because it had not achieved 100% proficiency on tests of reading and math.

Duncan took away Oklahoma’s waiver because the Legislature repealed the state’s participation in the Common Core, and the governor signed the law.

What did Florida do to offend the U.S. Department of Education?

“Duncan’s staff has put Florida on notice that the state is at risk of violating NCLB standards that require all children to be counted equally in accountability formulas. Earlier this year, with the support of educators and advocates, the Legislature agreed to give non-English-speaking students two years in a U.S. school before including their standardized test scores in school grading formulas. The change was an acknowledgement of the huge learning curve such children face and that schools should not be penalized if those students can’t read, comprehend and write English at grade level within a year.

“Yet to the federal bureaucrats enforcing the unpopular NCLB law, such common sense doesn’t matter. They have given Florida a year to make changes or risk losing its NCLB waiver, which has allowed the state to substitute its own accountability efforts for some of the most unworkable federal mandates. Those include the idealistic but unreasonable federal standard for 2014 that each child at a school must be working at grade level for the school not to be deemed “failing.”

Thus, if Florida wants to keep its waiver, the Florida legislature must change the law so that English learners are allowed only one year to master English ad be tested in English.

The editorial concludes:

“Ultimately, the continued flaws in NCLB are Congress’ fault, because it has failed repeatedly to adopt reforms. But the last thing federal enforcers should be doing is punishing a state for embracing a commonsense reform. Education Secretary Duncan needs to find a better solution.”