Today, Education and Labor Committee Republican Leader Virginia Foxx (R-NC) and Health, Education, Labor, and Pensions Committee Republican Leader Senator Richard Burr (R-NC) sent a letter to Department of Education Secretary Miguel Cardona questioning a recently released template for states to request waivers of certain accountability and reporting requirements under the Elementary and Secondary Education Act (ESEA), which appears to violate the Secretary’s authority.
In the letter, the Members write:“We applaud the Department’s efforts to provide states clarity around federal requirements for this academic year and for the expedited process being offered. However, the template raises serious questions about your commitment to faithfully executing the laws under your jurisdiction and to transparency within the Department’s operations.”The Members continue: “…the template invites states to email the Department if they wish to discuss assessment flexibility. The Obama administration used similarly opaque waiver processes to coerce states into the Department’s preferred policy directions, creating frustration and uncertainty among all stakeholders. Signaling your willingness to negotiate with states outside of the public view suggests that the Department might once again resume these extralegal processes.”
Background: ESEA requires states, as a condition of receiving Title I funds, to test students every year in reading and math in grades three through eight and once in high school. On February 22, 2021, President Biden announced that states would not be able to waive tests entirely, but that schools may request waivers of related accountability and transparency provisions in exchange for accepting new reporting requirements.
To read the full letter to Secretary Cardona, click here.
