Federal

Suit Challenging NCLB Costs Is Dismissed

By Andrew Trotter — December 06, 2005 3 min read
  • Save to favorites
  • Print

The nation’s largest teachers’ union lost the first round in its high-profile legal challenge to the No Child Left Behind Act, as a federal judge in Michigan ruled that Congress may require states and school districts to spend their own money to comply with the school improvement law.

In a Nov. 23 decision that the National Education Association and the other plaintiffs plan to appeal, Chief Judge Bernard A. Friedman of the U.S. District Court in Detroit agreed with lawyers for Secretary of Education Margaret Spellings, who was the named defendant in the lawsuit, that the plaintiffs’ suit had failed to state a valid federal claim.

The suit hinges on a provision of the law that says “nothing in this act shall be construed to authorize an officer or employee of the federal government to … mandate a state or any subdivision thereof to spend any funds or incur any costs not paid for under this act.”

According to the plaintiffs, the law’s testing and accountability requirements impose costs on states and school districts that greatly exceed the level of federal funding Congress has appropriated for those purposes. The suit maintained, for example, that “Illinois will spend $15.4 million per year to develop and administer required tests, whereas the federal government currently gives Illinois $13 million per year for this purpose, a $2.4 million annual shortfall.”

But the judge rejected the plaintiffs’ interpretation of the provision at issue. He accepted the government’s argument that the language restricts only “an officer or employee” of the federal government from imposing an unfunded mandate.

“This does not mean that Congress could not do so, which it obviously has done by passing the NCLB Act,” Judge Friedman said in his opinion dismissing the suit.

He continued: “Defendant also argues that it would make no sense for Congress to pass this elaborate statute—which does require many things of states and school districts as a condition of receiving federal education funds—if the states could avoid the requirements simply by claiming that they have to spend some of their own funds in order to comply with those requirements.”

In addition to the 2.7 million-member national union, the plaintiffs include the Illinois Education Association and state NEA affiliates in nine other states, some local affiliates, the school districts of Pontiac, Mich., and Laredo, Texas, and several districts in south-central Vermont.

The NEA-led suit, filed in April, is separate from a suit that the state of Connecticut filed against the law in August. (“Connecticut Files Court Challenge to NCLB,” Aug. 31, 2005.)

Connecticut Suit Pending

On a separate issue, Judge Friedman rejected the federal government’s argument that the teachers’ union and school district plaintiffs lacked legal standing to bring the case, Pontiac v. Spellings.

The judge said that at this early stage in the legal proceeding, all that was required was that the plaintiffs allege facts in support of their standing. “The court is persuaded that standing has been adequately alleged,” Judge Friedman wrote. But that was little more than a symbolic victory for the plaintiffs, since he went on to dismiss the suit on other grounds.

Secretary Spellings said in a statement that “Chief Judge Friedman’s decision validates our partnership with states to close the achievement gap, hold schools accountable, and to ensure all students are reading and doing math at grade level by 2014.”

NEA President Reg Weaver said the union found troubling the judge’s reasoning that it is proper for the federal government to pass unfunded mandates. “We consider that interpretation wrong,” he said.

The lawsuit that Connecticut’s attorney general filed in federal district court in Hartford this past summer makes a similar challenge based on the same provision of the nearly 4-year-old federal law, as well as on a claim that the alleged unfunded mandates are a violation of the spending clause in Article I of the U.S. Constitution.

Responding to the ruling in the NEA suit, state Attorney General Richard Blumenthal said in a statement that it was “wrong and in no way legally binding on our lawsuit in Connecticut.”

He criticized the judge’s opinion as having reasoning that was “virtually incomprehensible and completely unsupported.”

He said Connecticut’s claim is “that federal officials illegally imposed unfunded mandates by failing to grant waivers or flexibility in their regulatory requirements, making our case factually different” from the NEA’s. The Education Department had until Dec. 2 to file its response to Connecticut’s suit.

Events

School & District Management Webinar Fostering Productive Relationships Between Principals and Teachers
Strong principal-teacher relationships = happier teachers & thriving schools. Join our webinar for practical strategies.
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
Assessment
3 Key Strategies for Prepping for State Tests & Building Long-Term Formative Practices
Boost state test success with data-driven strategies. Join our webinar for actionable steps, collaboration tips & funding insights.
Content provided by Instructure
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs 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 The Ed. Dept. Axed Its Office of Ed Tech. What That Means for Schools
The office helped districts navigate new and emerging technology affecting schools.
A small group of diverse middle school students sit at their desks with personal laptops in front of each one as they work during a computer lab.
E+/Getty
Federal Letter to the Editor The Feds Should Take More Responsibility for Education
A letter to the editor disagrees with former Gov. Jeb Bush's recent opinion essay.
1 min read
Education Week opinion letters submissions
Gwen Keraval for Education Week
Federal Opinion The Wrong People Are Driving Our Education Policy
School choice advocates don’t understand the full ramifications of draining public resources to benefit private institutions.
Eugene Butler Jr.
4 min read
Moving investments, sending and receiving money, money transfer, Money tree, Growth for trading and investing, reallocating funding from the public sector to the private sector
iStock/Getty Images
Federal Data: Which Ed. Dept. Offices Lost the Most Workers?
Cuts disproportionately hit the agency’s civil rights investigation and research arms, according to an Education Week analysis.
3 min read
Chloe Kienzle of Arlington, Va., holds a sign as she stands outside the headquarters of the U.S. Department of Education, which were ordered closed for the day for what officials described as security reasons amid large-scale layoffs, Wednesday, March 12, 2025, in Washington.
Chloe Kienzle of Arlington, Va., holds a sign as she stands outside the headquarters of the U.S. Department of Education on Wednesday, March 12, 2025, in Washington. The department this week announced it was shedding half its staff.
Mark Schiefelbein/AP