Education

Allies Question NEA’s Legal Strategy, Prefer a Political One

January 17, 2008 1 min read
  • Save to favorites
  • Print

As I pointed out earlier this week, the National Education Association is using a tactic from the Republican playbook in its legal fight against NCLB.

Some of its key allies aren’t playing along.

The American Federation of Teachers decided to stay on the sidelines when the NEA filed its lawsuit claiming that NCLB is an unfunded mandate.

“We took a different tack,” Ed McElroy, the AFT’s president, told me this week. “We said: ‘Let’s try to fix it at the congressional level’ because we felt we had a decent shot at doing that.” McElroy said he remains confident that he made the correct choice.

And a legal advocate who has dedicated 15 years to winning increased funding for New York schools also questions the strategy. In his blog, EdFunding Matters, Michael Rebell writes that he’s concerned that “the kids will lose whatever the outcome.” If NEA wins, states and districts may use that as an excuse to cut funding. If it loses, the federal government will be emboldened to set policies from Washington that it won’t pay for.

“The best outcome here would be a political solution that forces all concerned finally to focus on the critical cost question that has largely been ignored since NCLB went into effect six years ago,” writes Rebell, who worked closely with the New York City teachers union to win a lawsuit that has delivered dramatic increases in funding for the city and across the state.

A version of this news article first appeared in the NCLB: Act II blog.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
AI in Schools: What 1,000 Districts Reveal About Readiness and Risk
Move beyond “ban vs. embrace” with real-world AI data and practical guidance for a balanced, responsible district policy.
Content provided by Securly
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
K-12 Lens 2026: What New Staffing Data Reveals About District Operations
Explore national survey findings and hear how districts are navigating staffing changes that affect daily operations, workload, and planning.
Content provided by Frontline Education
Education Funding Webinar Congress Approved Next Year’s Federal School Funding. What’s Next?
Congress passed the budget, but uncertainty remains. Experts explain what districts should expect from federal education policy next.

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

Education Opinion The Opinions EdWeek Readers Care About: The Year’s 10 Most-Read
The opinion content readers visited most in 2025.
2 min read
Collage of the illustrations form the top 4 most read opinion essays of 2025.
Education Week + Getty Images
Education Quiz Did You Follow This Week’s Education News? Take This Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Quiz How Did the SNAP Lapse Affect Schools? Take This Weekly Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Quiz New Data on School Cellphone Bans: How Much Do You Know?
Test your knowledge on the latest news and trends in education.
1 min read