Federal

Court Revives NEA Suit Against NCLB

By Mark Walsh — January 08, 2008 3 min read
  • Save to favorites
  • Print

A federal appeals court has revived a major legal challenge to the No Child Left Behind Act based on arguments that the law imposes financial obligations on states and school districts without providing enough funding to cover the costs.

The Jan. 7 ruling by a panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, is a victory for the National Education Association and its allies in the suit, which was dismissed in a federal district court in 2005.

A panel of the court ruled 2-1 that the states were not on clear notice of their potential financial obligations when they agreed to accept federal funding under the NCLB law, as legal rulings based on the spending clause in Article I of the U.S. Constitution require.

Central to the case was a provision in the NCLB law that says, “Nothing in this act shall be construed to … mandate a state or any subdivision thereof to spend any funds or incur any costs not paid for under this act.”

The language was first added to several federal education statutes in 1994, including to that year’s reauthorization of the Elementary and Secondary Education Act, of which the NCLB law is the latest version.

In an opinion by U.S. Circuit Judge R. Guy Cole Jr., the appeals court said that because of the unfunded-mandate language, “a state official could plausibly contend that she understood … that her state need not comply with NCLB requirements for which federal funding falls short.”

Writing in dissent, Judge David W. McKeague said the more logical purpose of the unfunded-mandates language was to bar federal education officials from piling additional requirements on states and school districts.

The 6th Circuit covers Kentucky, Michigan, Ohio, and Tennessee.

‘Bolt of Lightning’

The ruling returned the case to a federal district judge in Detroit. What happens next is unclear because the NEA, which filed the suit on behalf of nine school districts in Michigan, Texas, and Vermont, appears to have gotten essentially what it wanted in the suit: a declaration that the NCLB law was restricted by the unfunded-mandates provision.

The ruling means that “as a condition of participation in the No Child Left Behind Act, a school district or state cannot be compelled to use its own resources to carry out that mandate,” Robert H. Chanin, the general counsel of the NEA and the architect of the lawsuit, said in an interview.

Mr. Chanin said he believes states and school districts would be on solid legal ground in refusing to use their own funds to pay for NCLB obligations that were not covered by their allocations of federal aid. The law requires schools to test students annually in grades 3-8 and at least once in high school in reading and mathematics. Schools that do not make adequate yearly progress in student achievement face consequences, such as having to provide after-school tutoring.

“Hundreds of school districts and all of the states now know that at least one court of appeals has said to them, ‘You are right; you don’t have to do anything you are not getting the money to do.’”

Connecticut Attorney General Richard Blumenthal, who filed a friend-of-the-court brief on the NEA’s side in the 6th Circuit, issued a statement calling the decision “a bolt of legal lightning igniting new, powerful momentum to our No Child Left Behind case and congressional reform.”

The state has its own suit challenging the federal education law, also based largely on the grounds that it imposes unfunded mandates. Connecticut’s case is pending in a federal district court.

The ruling came one day before the sixth anniversary of when President Bush signed the No Child Left Behind Act into law. Secretary of Education Margaret Spellings joined Mr. Bush on Monday at an elementary school in Chicago to recognize the anniversary.

Later in the day, Secretary Spellings issued a statement that said the federal government was exploring all its legal options in the wake of the court ruling.

“This decision could undermine efforts to improve the education of our nation’s children, in particular those students most in need,” Ms. Spellings said. “No Child Left Behind is not an unfunded mandate but rather a compact between the states and the federal government, which asks that in exchange for federal dollars, results be demonstrated.”

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
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
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
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI
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
Mathematics Webinar
Equity and Access in Mathematics Education: A Deeper Look
Explore the advantages of access in math education, including engagement, improved learning outcomes, and equity.
Content provided by MIND Education

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 Opinion Student Literacy Rates Are Concerning. How Can We Turn This Around?
The ranking Republican senator on the education committee wants to hear from educators and families about making improvements.
6 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty
Federal Biden Calls for Teacher Pay Raises, Expanded Pre-K in State of the Union
President Joe Biden highlighted a number of his education priorities in a high-stakes speech as he seeks a second term.
5 min read
President Joe Biden delivers the State of the Union address to a joint session of Congress at the Capitol on March 7, 2024, in Washington.
President Joe Biden delivers the State of the Union address to a joint session of Congress at the Capitol on March 7, 2024, in Washington.
Shawn Thew/Pool via AP
Federal Low-Performing Schools Are Left to Languish by Districts and States, Watchdog Finds
Fewer than half of district plans for improving struggling schools meet bare minimum requirements.
11 min read
A group of silhouettes looks across a grid with a public school on the other side.
Vanessa Solis/Education Week via Canva
Federal Biden Admin. Says New K-12 Agenda Tackles Absenteeism, Tutoring, Extended Learning
The White House unveiled a set of K-12 priorities at the start of an election year.
4 min read
U.S. Education Secretary Miguel Cardona participates in a roundtable discussion with students from Dartmouth College on Jan. 10, 2024, on the school's campus, in Hanover, N.H.
U.S. Education Secretary Miguel Cardona participates in a roundtable discussion with students from Dartmouth College on Jan. 10, 2024, on the school's campus, in Hanover, N.H.
Steven Senne/AP