Editor's note: This is the ninth post in Fordham's 2016 Wonkathon. We've asked assorted education policy experts to answer this question: What are the "sleeper provisions" of ESSA that might encourage the further expansion of parental choice, at least if advocates seize the opportunity? Prior entries can be found here, here, here, here, here, here, here, and here.
ESSA provides states with the opportunity to incentivize school districts to expand parent choice. States now have the freedom to relax their NCLB-driven state laws while incentivizing local authorities to go about improving choice in their school systems.
ESSA replaced NCLB, but the law of the land leading up to reauthorization was shaped by the Obama administration’s waiver program. The Department of Education used those waivers to compel states to pass a number of rather prescriptive laws, which tied the hands of districts in some policy areas. Perhaps the most onerous requirement was performance-based teacher evaluations, which—while well intentioned—were also highly constraining.
ESSA cleared the regulatory deck established by the waiver program, but by and large, the state laws that passed because of those waivers are still on the books. To unbind districts from those laws, states can now do one of three...