Federal

U.S. Asks Court to Throw Out NEA Lawsuit Over NCLB

By Andrew Trotter — June 30, 2005 2 min read
  • Save to favorites
  • Print

States and school districts may be required to spend their own money to comply with the federal No Child Left Behind Act if they choose to accept federal funds under the law, the Bush administration argues in its formal reply to a lawsuit by the National Education Association.

In court papers filed June 29, the administration asked a U.S. District Court judge in Detroit to dismiss the lawsuit, which was filed in April. The motion attacks the lawsuit’s central claim that the U.S. Department of Education’s implementation of the sweeping education law violates that statute’s ban on issuing “unfunded mandates” to states and school districts.

The government also challenged whether the Washington-based national teachers’ union, 10 of its affiliates, and six school districts that are also plaintiffs have the legal standing to sue on behalf of states and school districts across the nation.

The lawsuit’s main argument hinges on a proviso in the 3-year-old federal law that prohibits “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.”

The plaintiffs charge in Pontiac v. Spellings that the Education Department has issued thousands of pages of regulations under the NCLB law that states and districts must collectively spend billions of dollars to obey, often through measures that are costly, “absurd,” and detrimental to their educational programs. The suit does not ask the court to strike down the education law but to relieve schools of the obligation of spending their own money to comply with it.

Evading Accountability?

In its formal reply, the U.S. Department of Justice argues that Congress conditioned federal aid to states and districts upon their meeting the law’s obligations, which could entail spending their own money.

“Plaintiffs ignore the fundamental distinction between a condition of assistance imposed by Congress and an ‘unfunded mandate’ imposed by ‘federal officers or employees,’” the motion states.

The lawsuit attempts to create “an inadequate funding excuse” for failing to meet NCLB requirements, a step that would “thwart the law’s primary purpose, which is to hold states and school districts that accept federal funds accountable for achieving improved educational results,” the government contends.

States and districts wanting to avoid the burden of NCLB requirements may instead decline federal funding or advocate for more of it, but they should not be able to “force the federal government to keep paying them money when they do not fulfill the statutory conditions,” the government said.

The motion asks the court to dismiss the lawsuit “with prejudice,” meaning that the plaintiffs would not be allowed to make the same claim again.

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
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
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.
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
Artificial Intelligence Webinar
MTSS + AI in Action: Reimagining Student Support
See how one district is using AI to strengthen MTSS, reduce workload, and improve student support.
Content provided by Panorama 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 Trump Admin. Terminates Several Agreements to Protect Transgender Students
The Education Department terminated civil rights agreements under Title IX with five school districts and a college.
1 min read
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete in the boys 4x800 meter relay at the California high school track-and-field championships in Clovis, Calif., Saturday, May 31, 2025.
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete at the California high school track-and-field championships in Clovis, Calif., on May 31, 2025. The Trump administration said Monday it has terminated agreements previous administrations reached with five school districts and a college aimed to uphold rights and protections for transgender students.
Jae C. Hong/AP
Federal Moms for Liberty Wanted School Board Seats. They Got a Voice in the White House
Moms for Liberty is being embraced by the Trump administration and gaining new influence in national decisions.
6 min read
Tina Descovich poses for a portrait Monday, March 23, 2026, in Washington.
Tina Descovich poses for a portrait Monday, March 23, 2026, in Washington. The co-founder of Moms for Liberty estimates she's been to the White House a dozen times since the start of the second Trump administration, which has leaned in to many of the culture war battles the organization started fighting at the school board level five years ago.
Allison Robbert/AP
Federal Tracker See Which Ed. Dept. Programs Are Moving to New Agencies: A Tracker
K-12 and higher education programs are heading to new agencies as part of Trump administration downsizing.
1 min read
Photo collaged image of the U.S. Department of Education shattering.
Vanessa Solis/Education Week + AP + Getty
Federal Meet the Trump Cabinet Secretaries Taking Over Ed. Dept. Programs
The U.S. Department of Education is shifting more than 100 programs to other federal agencies.
1 min read
President Donald Trump speaks during a Cabinet meeting at the White House, on March 26, 2026, in Washington.
President Donald Trump speaks during a Cabinet meeting at the White House, on March 26, 2026, in Washington. Six Cabinet members are now on track to have a hand in managing U.S. Department of Education programs.
Alex Brandon/AP