Conn. Sees Legal Boost for Its NCLB Suit

By Mark Walsh — July 07, 2006 3 min read
  • Save to favorites
  • Print

The state of Connecticut is seizing on language in a recent U.S. Supreme Court opinion on special education, saying it bolsters the state’s challenge to the federal No Child Left Behind Act. Several independent legal experts agree, although not without some cautionary notes.

“We think it could be profoundly significant to our case,” Connecticut Attorney General Richard Blumenthal said in an interview last week, referring to the high court’s decision in Arlington Central School District v. Murphy (Case No. 05-18).

The court ruled 6-3 on June 26 that the Individuals with Disabilities Education Act does not authorize parents who win disputes with school districts over their children’s special education plans to recover the costs of experts.

In his majority opinion, Justice Samuel A. Alito Jr. said the spending power outlined in Article I of the U.S. Constitution requires Congress to give the states clear notice of their obligations under a spending-clause statute such as the IDEA.

Justice Alito noted court precedents that say federal legislation under the spending clause “is much in the nature of a contract, and therefore, to be bound by federally imposed conditions, recipients of federal funds must accept them voluntarily and knowingly.”

“States cannot knowingly accept conditions of which they are unaware or which they are unable to ascertain,” Justice Alito said. He went on to conclude that state officials would not have clearly understood when they accepted IDEA money that one of the conditions was that parents could be reimbursed for experts’ fees.

“In a spending-clause case, the key is … what the states are clearly told regarding the conditions that go along with the acceptance of [federal] funds,” Justice Alito said.

‘Adequate Notice’

Mr. Blumenthal, the Connecticut attorney general, said in the July 5 interview that state lawyers filed papers soon after the Supreme Court’s ruling to notify the federal district judge hearing the state’s challenge to the No Child Left Behind law.

“The court states very clearly that conditions attached to federal funds have to be unambiguous and provide adequate notice to the states as a requirement under the spending clause,” he said.

Connecticut contends in its suit, which is pending in the federal district court in Hartford, that the U.S. Department of Education’s refusal to fully fund the testing system it is requiring of the state or else waive the requirement violates both the spending clause and language in the NCLB law itself against unfunded mandates.

The Bush administration has sought dismissal of the state’s suit. A Department of Justice spokeswoman said last week that lawyers were reviewing the implications of the high court’s ruling.

Justice Alito’s discussion of the spending clause in the Arlington Central case caused a bit of a stir among legal commentators.

Drew S. Days III, a Washington lawyer who filed a friend-of-the-court brief in the IDEA case in support of the parents, said Justice Alito’s language suggested new life for legal arguments that some states had been offering in recent years without much success.

“I’m not sure where it’s going,” but it was notable, said Mr. Days, who was a U.S. solicitor general under President Clinton.

Thomas Hutton, a staff lawyer with the National School Boards Association, said the opinion might indeed aid Connecticut.

“I think their position is bolstered,” he said. “Clearly, the [Supreme] Court has signaled that this spending-clause argument is one that it has embraced.”

Samuel R. Bagenstos, a law professor at Washington University in St. Louis, said Justice Alito’s spending-clause discussion was potentially significant, although he wasn’t sure lower courts would rush to employ it.

“The argument that Congress needs to provide clear notice of every detail at the time a state accepts federal funds is one that is potentially very far-reaching,” said Mr. Bagenstos, who was a law clerk to Supreme Court Justice Ruth Bader Ginsburg. “This gives Connecticut another arrow in its quiver. But it’s not clear it changes the result.”

A version of this article appeared in the July 12, 2006 edition of Education Week as Conn. Sees Legal Boost for Its NCLB Suit


Classroom Technology Webinar How Pandemic Tech Is (and Is Not) Transforming K-12 Schools
The COVID-19 pandemic—and the resulting rise in virtual learning and big investments in digital learning tools— helped educators propel their technology skills to the next level. Teachers have become more adept at using learning management
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.
Student Well-Being Webinar
Building Teacher Capacity for Social-Emotional Learning
Set goals that support adult well-being and social-emotional learning: register today!

Content provided by Panorama
Jobs October 2021 Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and other jobs in K-12 education at the EdWeek Top School Jobs virtual career fair.

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 'A Snitch Line on Parents.' GOP Reps Grill AG Over Response to Threats on School Officials
Attorney General Merrick Garland said his effort is meant to address violent threats against school boards, not to stifle parents' dissent.
5 min read
LEFT: Attorney General Merrick Garland speaks during a House Judiciary Committee oversight hearing of the Department of Justice on Capitol Hill in Washington, Thursday, Oct. 21, 2021. RIGHT: Rep. Jim Jordan, R-Ohio, questions Attorney General Merrick Garland.
Attorney General Merrick Garland, left, speaks during a House Judiciary Committee oversight hearing of the U.S. Department of Justice on Capitol Hill on Thursday, questioned by Rep. Jim Jordan, R-Ohio, right, among others.
Greg Nash via AP, Andrew Harnik/AP
Federal School Boards, 'Domestic Terrorism,' and Free Speech: Inside the Debate
From critical race theory to COVID policy, the heat on schools has raised issues involving free speech and the safety of public officials.
13 min read
Brenda Stephens, a school board member with Orange County Public Schools in Hillsborough, N.C. has purchased a weapon and taken a concealed carry class over concerns for her personal safety.
Brenda Stephens, a school board member in Hillsborough, N.C., says board members face threats and bullying, an atmosphere far different from what she's encountered in years of board service.
Kate Medley for Education Week
Federal Senate Confirms Catherine Lhamon to Civil Rights Post; Kamala Harris Casts Decisive Vote
Joe Biden's controversial pick to lead the Education Department's office for civil rights held that job in the Obama administration.
2 min read
Catherine Lhamon, nominee to be assistant secretary for civil rights at the Department of Education, testifies during a Senate Health, Education Labor and Pensions Committee confirmation hearing in Dirksen Building on Tuesday, July 13, 2021.
Catherine Lhamon, then-nominee to be assistant secretary for civil rights at the U.S. Department of Education, testifies during a Senate Health, Education Labor and Pensions Committee confirmation hearing in July.
Tom Williams/CQ Roll Call via AP Images
Federal White House Outlines COVID-19 Vaccination Plans for Kids 5-11
The Biden administration will rely on schools, pharmacies, and pediatricians to help deliver the COVID-19 shots to younger children.
3 min read
Ticket number 937 sits on a COVID-19 vaccination at the drive-thru vaccination site in the Coweta County Fairgrounds on Jan. 14, 2021, in Newnan, Ga.
A ticket number sits on a COVID-19 vaccination at the drive-thru vaccination site in the Coweta County Fairgrounds in Newnan, Ga.
Curtis Compton/Atlanta Journal-Constitution via AP