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

Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
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 Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin
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
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus

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 Q&A Education Data Collection Has Cratered Under Trump. Can It Be Rebuilt?
Ed. Dept.'s data-gathering agency is too unstable to adapt to changing needs, a new report claims.
6 min read
A student raises her hand to ask a question in her third grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. The arm of the government that oversees education data which tracks educational outcomes for students, faces major challenges ahead due to financial cuts.
A student raises her hand to ask a question in her 3rd grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. Federal education data-gathering, like the Condition of Education report, includes baseline information on students and schools. But cuts to the Education Department's statistics wings and mounting criticism of how it operates raise questions about how it can best fulfill its mission.
Charlie Riedel/AP
Federal Education Department Tells Schools Race Can’t Factor Into Student Discipline
A letter to educators follows up on last month's rescission of longstanding discrimination rules.
5 min read
Assistant Secretary for Civil Rights for the Department of Education nominee Kimberly Richey testifies before the Health, Education, Labor and Pensions committee about her nomination in Washington, D.C., on June 5, 2025.
Assistant Secretary for Civil Rights Kimberley Richey testifies before the Senate's Health, Education, Labor and Pensions committee at her nomination hearing in Washington on June 5, 2025. A new letter to educators from Richey instructs schools not to consider race at all in school discipline policies, following the Trump administration's rescission of longtime anti-discrimination rules.
Jason Andrew for Education Week
Federal Q&A What Head Start's English-Only Rule Could Mean for English Learners
Research shows it's not necessary to lose a home language to learn English.
3 min read
Long Beach, CA - March 20 : Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach , a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, CA.
Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach, a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, Calif. Head Start programs for early childhood education will no longer promote bilingualism under a proposed rule change.
Brian van der Brug / Los Angeles Times via TNS
Federal After Months of Standstill, Ed. Dept. Announces New Federal Research Funding
The agency outlined its fiscal 2027 grantmaking amid questions about its sluggish spending.
7 min read
The Department of Education headquarters in Washington, D.C. on Friday, July 17, 2026.
The Department of Education headquarters in Washington on Friday, July 17, 2026. Federal funding for education research may be starting to flow, even as the overall spending picture remains unclear.
Eric Lee for Education Week