Federal

Connecticut Files Court Challenge to NCLB

By Jeff Archer — August 30, 2005 4 min read
  • Save to favorites
  • Print

Connecticut last week became the first and, so far, only state to sue over the federal No Child Left Behind Act, a move that some analysts say could embolden policymakers elsewhere to step up their varied challenges to the Bush administration’s signature education law.

The suit, filed in U.S. District Court in Hartford on Aug. 22, argues that federal funding to Connecticut falls far short of what is needed to meet the law’s testing and accountability requirements, a violation of the U.S. Constitution and provisions in the nearly 4-year-old statute itself.

“Our message today is: Give up the unfunded mandates, or give us the money,” Connecticut Attorney General Richard Blumenthal said at a press conference.

The action came nearly five months after he first announced plans to sue over the law. Mr. Blumenthal had said one of the reasons he waited was to give other states the chance to join the suit, but none had done so as of late last week.

The No Child Left Behind law calls for high standards for academic achievement, testing of all pupils in grades 3-8 in reading and mathematics, and intervention in low-performing schools.

More Suits Coming?

At an Aug. 24 press event in Atlanta, Secretary of Education Margaret Spellings called the unfunded-mandate argument a “red herring,” asking why Connecticut was afraid to assess its performance as the law requires. U.S. Department of Education spokeswoman Susan Aspey added in a statement that “nearly every state is on board and working with us to help their students.”

A report this month sponsored by an activist group called the Civil Society Institute countered that lawmakers in 21 states have considered—although not necessarily passed—bills critical of the federal education law, and that 40 states have sought federal waivers or exemptions from some of its provisions.

Chuck Dow, a spokesman for the state attorney general’s office in Maine, said last week that a lawsuit by his state challenging the No Child Left Behind law remained “an open possibility.”

Kristen Tosh Cowan, a San Francisco-based lawyer who advises states and districts on federal education issues, said that state attempts to temper or resist provisions of the law could be even more likely in the wake of Connecticut’s court action, even if others don’t pursue legal challenges.

“I don’t know that we’ll see a lot more litigation,” said Ms. Cowan, a partner with the law firm Brustein & Manasevit. “I think you could maybe see states being a little more aggressive in what they ask for informally, and perhaps more political pressure.”

Connecticut’s 28-page complaint recounts how its attempts to get waivers of some of the student-assessment provisions in the federal law have been repeatedly denied in recent months by Secretary Spellings.

In particular, Connecticut education officials sought unsuccessfully to get out of the requirement that they expand their testing in core subjects—which they have in grades 4, 6, and 8—to cover the entire span of grades 3-8.

An estimate by the Connecticut education department pegs the cost of providing those and additional assessments called for in the law at $41.6 million by 2008, compared with $33.6 million that the state is slated to receive from the federal government by then for test implementation.

The legal case rests largely on a provision in the No Child Left Behind Act stating that “nothing in this chapter shall be construed to authorize” the federal government to “mandate a state or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter.”

The complaint also cites the spending clause in Article I of the Constitution, which has been construed by the courts as requiring Congress to make unambiguous any conditions attached to states’ acceptance of federal money.

Similar arguments are made in a separate lawsuit filed in April by the National Education Association. The U.S. Education Department has asked a judge in U.S. District Court in Detroit to dismiss that case, arguing that the law is not an unfunded mandate because states need not take the federal money allocated for it. (“U.S. Asks Court to Dismiss Lawsuit Over NCLB,” July 13, 2005.)

Other State Action

Connecticut’s lawsuit specifically seeks a court order to bar the federal Education Department from withholding funds from the state for failing to comply with what the complaint calls “a rigid, arbitrary, and capricious interpretation” of the No Child Left Behind Act.

“That’s money that goes to schools that serve our neediest children,” Mr. Blumenthal said.

States are voicing their objections to the law in other ways, as noted by the Civil Society Institute. Released by the Newton Centre, Mass.-based organization this month, “NCLB Left Behind” catalogs recent state legislation, including Utah’s passage of a measure that gives state education law precedence over federal rules, and a Colorado law offering financial protection to districts that opt out of the No Child Left Behind law’s requirements.

Events

College & Workforce Readiness Webinar Data-Driven and District-Ready: What EdWeek Research Tells Us About the CTE Market
Discover how to sharpen your positioning in a fast-moving market of CTE with actionable strategies grounded in EdWeek Research Center data.
Classroom Technology Live Online Discussion A Seat at the Table: The Rewiring of Childhood With Jonathan Haidt
Jonathan Haidt, Catherine Price, and Adam Swinyard join Peter DeWitt on how to get students off devices and back to the basics of childhood.
Professional Development K-12 Essentials Forum Getting Professional Development to Stick
Join this free virtual event to explore best practices, funding, format, and timing for teacher and principal PD.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Trump's Ed. Dept. Backs Away From Addressing Civil Rights for Black Students
Civil rights attorneys describe the administration’s actions as an inversion of legal history.
6 min read
Thomas Chalmers Public School sign is seen outside of school in Chicago, Wednesday, July 13, 2022. America's big cities are seeing their schools shrink, with more and more of their schools serving small numbers of students. Those small schools are expensive to run and often still can't offer everything students need (now more than ever), like nurses and music programs. Chicago and New York City are among the places that have spent COVID relief money to keep schools open, prioritizing stability for students and families. But that has come with tradeoffs. And as federal funds dry up and enrollment falls, it may not be enough to prevent districts from closing schools.
Children are seen outside the Thomas Chalmers Public School in Chicago on July 13, 2022. Under the Trump administration, efforts to address deep-rooted inequities for students of color are being cast as discriminatory against white students. The administration withheld more than $20 million from Chicago schools when the district refused to end its Black Student Success Program.
Nam Y. Huh/AP
Federal Interactive Feds Issue a Slimmed-Down Data Release on U.S. Schools
The Condition of Education highlights school enrollment, finance, and graduation data.
Image of blurry data and a school building.
Laura Baker/Education Week + Canva
Federal Opinion We Need Better Data to Understand What Happens to Students After High School
Here are the two things we need before we can answer how well we’re preparing students.
Jennifer Bell-Ellwanger & Sara Schapiro
4 min read
Future data arrow concept with student looking out to a tangle of possibilities. Choice. grow chart up decisions. Pathways.
Vanessa Solis/Education Week + Getty
Federal Opinion How the Institute of Education Sciences Could Better Serve Schools
“It’s been all over the place,” explains the scholar tasked with reimagining IES.
4 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week