States gained newfound freedom in their education policies when President Obama signed the Every Student Succeeds Act into law earlier this month, ending 14 years of No Child Left Behind education policy.

But rather than operating under No Child Left Behind, 42 states had been operating under different education rules: policies dictated by Secretary of Education Arne Duncan under conditional waivers from No Child Left Behind's federal penalties. The law was replaced eight years late, making it increasingly unworkable for states to comply with its rules. The new law makes waivers unnecessary, and gives states freedom over how to handle failing schools.

With the waiver system gone, states are running from the education reforms that Obama pushed onto states using the conditional waivers.

The New York Board of Regents already approved a four-year delay in using test scores in teacher evaluations, according to U.S. News & World Report. Student test scores in teacher evaluations were an important part of Obama's Race to the Top program and the conditional waivers.

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