Indeed, as University of South Carolina law professor Derek W. Black writes in a recent analysis of waivers, not only does NCLB not
authorize conditional waivers, even if a court were to read any waiver authorization as implicitly authorizing conditions, the actual conditions attached — «college - and career - ready standards,» new teacher evaluations, etc. — fundamentally change the law.
«Additionally, the proposal raises questions about the Department's legal authority to grant
conditional waivers in exchange for reforms not
authorized by Congress,» he continued.