Do aspects of the Education Department's waivers go too far? - What Obama can do now on his higher ed plan - Core backlash - Duncan under fire

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DO ASPECTS OF THE EDUCATION DEPARTMENT’S WAIVERS GO TOO FAR? -- Pro Education’s Caitlin Emma reports: “An unprecedented set of recent Education Department decisions about No Child Left Behind waivers is at the least an overreach and at the very worst, illegal, a chorus of critics say. Last week, the department declared NCLB waivers for Kansas, Oregon and Washington state “high-risk” because each state has more work to do in tying student growth to teacher evaluations – a major requirement for states that want out of the more arduous provisions of the law. And in early August, the department granted waivers to eight districts in California, the first time the department bypassed states on No Child Left Behind flexibility. Observers and analysts say the department’s high-risk waiver decision simply isn’t allowed under federal law. And they say Education Secretary Arne Duncan broke with what he told Congress in February about a preference not to grant district waivers, which these critics think are just plain bad policy.

“NCLB is long overdue for reauthorization. With that renewal nowhere in sight, Duncan has granted more than 40 waivers of the law to states, D.C. and the group of California districts, freeing states from requirements such as having all students reading and doing math at grade level by the 2013-14 school year. ‘Why deal with pesky Congress when you get to make all the rules?’ said Michael Petrilli, executive vice president of the conservative Thomas B. Fordham Institute. The department doesn’t have the authority to declare waivers high-risk, he said, and one of the states should call Duncan’s bluff. ‘One of these states should sue,’ Petrilli said. ‘It’s absolutely nuts.’” Read the full story: http://politi.co/18Oagyo

WHAT OBAMA CAN DO NOW ON HIS HIGHER ED PLAN -- The most dramatic parts of the president’s plan to reshape federal financial aid would require Congress to act. But there are still some things he can do as early as today. From my story: “The ambitious marquee financial aid proposal — tying federal dollars to the 'value' colleges offer students — requires Congress to act. But the Education Department could rate colleges based on access, affordability and outcomes, and make those ratings public, using the data to encourage colleges to change. It could offer flexibility in using federal financial aid to speed college completion. And it could push borrowers to consolidate loans and enroll in more generous repayment programs. … Throughout the Obama administration, the Education Department has pursued a far-reaching agenda with or without Congress. It’s waived key provisions of No Child Left Behind for states that met certain criteria, written controversial new rules governing for-profit colleges, and pushed to collect and publicize more education data. All those efforts could serve as templates — and cautionary tales — as the department puts the president’s ideas in practice.” Read the full story: http://politi.co/16kcSk3

HAPPY FRIDAY and welcome to Morning Education, where we’re counting down the hours to the end of another crazy week in education news. I’m heading to California for a half-marathon in wine country and a weeklong reporting trip in the Bay Area. But keep sending news tips, reactions, gossip and more to lnelson@politico.com and @libbyanelson. And follow us at @Morning_Edu and @POLITICOPro.

PROGRAMMING NOTE -- Morning Education, and the rest of POLITICO’s morning newsletter lineup, are taking a break next week. We’ll be back in your inbox bright and early with your post-recess education news on Tuesday, Sept. 3.

CORE BACKLASH – More turmoil on the Common Core front: Opponents in Maine are working to put a measure on the November, 2014 ballot that would repeal Common Core. They’ll need to collect nearly 60,000 signatures in the next six months to make that happen. Meanwhile, in Georgia, Republican Gov. Nathan Deal has urged the state Board of Education to “un-adopt” some of the standards. He also wants a comprehensive review that compares Common Core to the standards Georgia used to use. Deal is responding to fierce opposition to Common Core from the right; the Atlanta Journal-Constitution has the story here: http://bit.ly/12ukD9y

BIG DATA -- The National School Boards Association says the Education Department is asking way too much of districts in its latest data collection proposal. The Education Department’s office for civil rights wants to collect data about bullying, absenteeism, expulsions and much, much more. The NSBA said some of the feds’ request isn’t relevant to its work, some of the requests are too vague to collect quality information and providing all of the information will take a lot of time and effort on districts’ part. The ED proposal: http://1.usa.gov/12ujnDz The NSBA letter: http://bit.ly/12ujwaa

DUNCAN UNDER FIRE – A coalition of parent advocates from cities including Chicago, Baltimore, New York and Philadelphia are planning a series of rallies next week to call for Education Secretary Arne Duncan to resign. The group, known as Journey for Justice, has previously filed civil rights complaints protesting school closings. Members have plenty of passion ... but Duncan has made clear he’s not going anywhere. “Secretary Duncan will continue working to reduce college costs, provide more access to high quality pre-k programs and set high standards for our nation’s children … for years to come,” spokesman Cameron French said. Outspoken ed reform critic Diane Ravitch tells POLITICO she figured as much. She calls Duncan the worst secretary of education in U.S. history but adds: “I have not called for his resignation because I knew no one would listen.”

OBAMA CALLS BOOKKEEPER WHO STOPPED SCHOOL SHOOTING -- POLITICO’s Nick Gass: “President [Barack] Obama called Antoinette Tuff, the woman who calmly talked down an armed 20-year-old as he walked into an Atlanta-area elementary school, on Thursday to thank her for her ‘courage.’ ‘This afternoon, the president called Antoinette Tuff to thank her for the courage she displayed while talking to a gunman who entered the school where she works earlier this week,’ the White House said in a statement.” http://politi.co/12ul8k2

BREAKING BAD: Inmates who participate in correctional education programs are 43 percent less likely to return to prison than their fellow inmates, according to findings from the largest-ever analysis of correctional educational studies. The research, funded by the Justice Department’s Bureau of Justice Assistance, was released Thursday by the RAND Corporation. “As it stands, too many individuals and communities are harmed, rather than helped, by a criminal justice system that does not serve the American people as well as it should,” Attorney General Eric Holder said. “This important research is part of our broader effort to change that.” Correctional education programs are also cost effective, the findings show. An investment of $1 in correctional education can reduce incarceration costs by $4-$5 dollars during the first three years after release, a time when the likelihood of returning to prison is high. Check out the results: http://1.usa.gov/14HSsln

TODAY AND NEXT WEEK IN WASHINGTON -- American Action Forum panel discussion on using student achievement data to evaluate teachers, 9:30 a.m. http://bit.ly/19kUnAr. … Secretary Duncan will join a virtual conversation with Sal Khan, founder of Khan Academy, to talk about the future of education and steps to ensure all Americans have access to a high quality education. http://1.usa.gov/15DR7. … Florida education summit, Aug. 26-28, http://bit.ly/16TIlzN. … Advisory Committee on Student Financial Assistance meets Aug. 29.

MOVERS AND SHAKERS -- Sonja Brookins Santelises, current chief academic officer in the Baltimore City school district, joins Ed Trust as VP of K-12 policy and practice.