NCLB Suit Dismissal Stands as Appeals Court Deadlocks

A deadlock by a federal appeals court over a key legal challenge to the No Child Left Behind Act means that a lower court’s dismissal of the case still stands.

The full U.S. Court of Appeals for the 6th Circuit, in Cincinnati, spent 10 months deliberating over the case involving a suit filed by nine school districts in Michigan, Texas, and Vermont, backed by the National Education Association, that challenges the federal K-12 education law as an unfunded mandate.

The court issued 93 pages’ worth of opinions on Oct. 16 in Pontiac School District v. Secretary of the U.S. Department of Education , with eight judges accepting one of the NEA’s arguments against the 2002 law, and eight judges backing various arguments supporting...

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