Law & Courts

Full Appeals Court to Reconsider Ruling That Revived NCLB Suit

By Mark Walsh — May 01, 2008 3 min read
  • Save to favorites
  • Print

Includes updates and/or revisions.

A federal appeals court has agreed to re-examine a ruling by a panel of the court that revived a lawsuit challenging the No Child Left Behind Act for imposing unfunded mandates on states and school districts.

The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, said on May 1 that the entire 14-member court would rehear the case of Pontiac School District v. Spellings.

Bush administration lawyers sought the rehearing on behalf of U.S. Secretary of Education Margaret Spellings after a three-judge panel of the 6th Circuit ruled on Jan. 7 that the states were not on clear notice of their financial obligations when they agreed to accept federal money under the NCLB law. (“Court Ruling in NCLB Suit Fuels Fight Over Costs,” Jan. 16, 2008 and “Spellings Asks 6th Circuit to Reconsider NCLB Ruling,” Feb. 13, 2008.)

The action by the full 6th Circuit has the effect of setting aside the panel’s opinion. No date was set for the rehearing, but one source indicated that oral arguments could take place in September.

The rehearing request had been opposed by the National Education Association, which filed the legal challenge on behalf of nine school districts in Michigan, Texas, and Vermont.

The 6th Circuit court’s action came the same week that a federal district judge dismissed the state of Connecticut’s lawsuit against Secretary Spellings over NCLB funding issues.

U.S. District Judge Mark R. Kravitz of New Haven, Conn., on April 28 rejected the last of the state’s claims in a suit filed in 2005. The judge had dismissed some claims in the suit in 2006.

Judge Kravitz rebuffed Connecticut’s efforts to overturn an administrative decision by Secretary Spellings that turned down the state’s request for greater flexibility in testing students in special education and English-language learners under the NCLB law. The judge said the secretary’s actions were not “arbitrary or capricious” under federal procedural law.

Connecticut filed its lawsuit in August 2005 amid state officials’ growing frustration with the law, which requires annual testing in reading and mathematics in grades 3-8 and once in high school and requires schools and districts to reach achievement benchmarks.

No other state has followed Connecticut’s path, although the NEA suit raises similar questions on NCLB funding issues.

On a key issue in the Connecticut case, Judge Kravitz declined to rule on the state’s arguments that the secretary was enforcing the law in a way that violates the NCLB provision barring the federal government from imposing “unfunded mandates” on the states.

The state failed to make clear during the review of its plan that federal funding would be insufficient to provide testing accommodations for English-language learners or to develop alternative assessments for students with disabilities, Judge Kravitz said.

Conn. Appeal Planned

Connecticut Attorney General Richard Blumenthal, who filed the state’s suit, expressed disappointment with the ruling, but he was eager to press the issues on appeal to the U.S. Court of Appeals for the 2nd Circuit, in New York City.

“My office will immediately take our fight to the 2nd Circuit to protect our children and taxpayers from flawed federal policies that impose mindless, detrimental policies, as well as costs, on states,” Mr. Blumenthal, a Democrat, said in a statement.

Samara Yudof, a spokeswoman for Ms. Spellings, said the decision was a “resounding victory for children and their families.”

William L. Taylor, the chairman of the Citizens’ Commission on Civil Rights, a Washington group that supported Ms. Spellings in the case, said the ruling showed that the courts are not the best arena to remedy conflicts over the NCLB law.

“It’s been almost three years, and Connecticut has lost at every single turn,” Mr. Taylor said. “There is a debate over whether we keep the basic [accountability] principles in this act. But I don’t see these matters getting decided in the courts.”

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
Teaching Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance
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

Law & Courts Judge Orders Meta to Build New Child Safeguards. Advocates Hope Other Courts Follow
The new online safety measures would include a monthly time limit and AI chatbot restrictions.
6 min read
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Godofredo A. Vasquez/AP Photo
Law & Courts Wisconsin's Appeals Court Overturns Ruling That Had Restored Collective Bargaining Power
Unions are expected to appeal, sending the case to the Wisconsin Supreme Court, which is controlled by liberal justices.
4 min read
FILE - A crowd fills the Wisconsin Capitol rotunda on the fifth day of labor demonstrations, Feb. 16, 2011, in Madison, Wis. Thousands came to protest the governor's proposal to eliminate collective bargaining for most public workers. Seven unions representing teachers and other public workers in Wisconsin filed a lawsuit Thursday, Nov. 30, 2023, attempting to end the state's near-total ban on collective bargaining for most public employees.
A crowd protesting legislation to significantly curb collective bargaining in Wisconsin fills the state Capitol rotunda on the fifth day of labor demonstrations on Feb. 16, 2011, in Madison, Wis. The proposal passed and has been in place for 15 years, and a lawsuit seeking to end it is now headed to the state's high court.
Craig Schreiner/Wisconsin State Journal via AP
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judge Voids Trump Admin. Rule Excluding Education From ‘Professional’ Degrees
A judge ruled the agency didn't have the authority to adopt such a narrow definition.
4 min read
Graduates in the School of Education hold up books as their degrees are conferred during Harvard's 371st Commencement, on May 26, 2022, in Cambridge, Mass.
Graduates in the School of Education hold up books during Harvard's 371st Commencement on May 26, 2022, in Cambridge, Mass. The Trump administration excluded education fields when it set a definition of "professional" degree to implement a new law instituting graduate student borrowing limits.
Mary Schwalm/AP