ESSA and the Administrative State
Chad Aldeman on the delegation of policy making in ESSA: Congress was able to reach broad bipartisan agreement on ESSA mainly because it punted on a number of key policy questions. Any reading of ESSA leaves one wondering what exactly Congress meant when it asked states to “meaningfully differentiate” among schools, when it required that states give “substantial weight” to each indicator, or when it stipulated that academic indicators count for “much greater weight” than non-academic ones.