Not exact matches
Using
state resources to offset disparities in property tax bases may meet a legal definition of equal access
under state constitutions, but the LaFortune et al. findings
raise questions about this strategy for promoting more equal outcomes.
The entire waiver process was sloppily administered in the first place, with Duncan granting waivers to
states (and allowing them to ignore whole sections of No Child) even thought they have not yet implemented or enacted all the proposals within their applications, and the administration ignoring concerns
raised by its own peer review panels about such matters as how
states have ignored the need to gain consultation on proposed changes from American Indian tribes as required
under the U.S.
Constitution (as well as from black and Latino communities equally affected by the evisceration of accountability).
Giving providers assurance that guidelines can be used only in their favor may be an important step toward gaining their support; but allowing such one - sided use of evidence in a court of law
raises disturbing questions of fairness and of validity
under the U.S.
Constitution's Fifth and Fourteenth Amendments» due process and equal protection mandates, and
under state constitutional principles as well.