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

Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.
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
College & Workforce Readiness Webinar
From Coursework to Careers: Expanding Work-Based Learning and Industry Credentials in CTE
Expand work-based learning and industry credentials in CTE to connect classroom learning with real careers and prepare students for future success.
Content provided by Project Lead The Way
College & Workforce Readiness Webinar Data-Driven and District-Ready: What EdWeek Research Tells Us About the CTE Market
Discover how to sharpen your positioning in a fast-moving market of CTE with actionable strategies grounded in EdWeek Research Center data.

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's Ed. Dept. Backs Away From Addressing Civil Rights for Black Students
Civil rights attorneys describe the administration’s actions as an inversion of legal history.
6 min read
Thomas Chalmers Public School sign is seen outside of school in Chicago, Wednesday, July 13, 2022. America's big cities are seeing their schools shrink, with more and more of their schools serving small numbers of students. Those small schools are expensive to run and often still can't offer everything students need (now more than ever), like nurses and music programs. Chicago and New York City are among the places that have spent COVID relief money to keep schools open, prioritizing stability for students and families. But that has come with tradeoffs. And as federal funds dry up and enrollment falls, it may not be enough to prevent districts from closing schools.
Children are seen outside the Thomas Chalmers Public School in Chicago on July 13, 2022. Under the Trump administration, efforts to address deep-rooted inequities for students of color are being cast as discriminatory against white students. The administration withheld more than $20 million from Chicago schools when the district refused to end its Black Student Success Program.
Nam Y. Huh/AP
Federal Interactive Feds Issue a Slimmed-Down Data Release on U.S. Schools
The Condition of Education highlights school enrollment, finance, and graduation data.
Image of blurry data and a school building.
Laura Baker/Education Week + Canva
Federal Opinion We Need Better Data to Understand What Happens to Students After High School
Here are the two things we need before we can answer how well we’re preparing students.
Jennifer Bell-Ellwanger & Sara Schapiro
4 min read
Future data arrow concept with student looking out to a tangle of possibilities. Choice. grow chart up decisions. Pathways.
Vanessa Solis/Education Week + Getty
Federal Opinion How the Institute of Education Sciences Could Better Serve Schools
“It’s been all over the place,” explains the scholar tasked with reimagining IES.
4 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week