U.S. Asks Court to Dismiss Lawsuit Over NCLB

States and school districts can be required to spend their own money to comply with the No Child Left Behind Act if they accept federal funds under the law, the Bush administration argues in its formal reply to a National Education Association lawsuit that challenges the law.

In court papers filed June 29, the administration asked a U.S. District Court judge in Detroit to dismiss the suit, which was filed in April. The motion attacks the suit’s central claim that the U.S. Department of Education’s implementation of the sweeping 3½-year-old law violates the statute’s ban on placing “unfunded mandates” on states and districts.

The law is based on the principle that states and school districts “that receive federal financial assistance must comply with the conditions that come with that assistance,” the motion filed by the U.S. Department of Justice says. “In this lawsuit, plaintiffs seek the federal financial assistance...