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
Student Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga Education
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 Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
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
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

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 New Title IX Rule Has Explicit Ban on Discrimination of LGBTQ+ Students
The new rule, while long awaited, stops short of addressing the thorny issue of transgender athletes' participation in sports.
6 min read
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Biden’s policy, however, is any mention of transgender athletes.
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Biden’s policy, however, is any mention of transgender athletes.
Patrick Orsagos/AP
Federal Opinion 'Jargon' and 'Fads': Departing IES Chief on State of Ed. Research
Better writing, timelier publication, and more focused research centers can help improve the field, Mark Schneider says.
7 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty
Federal Electric School Buses Get a Boost From New State and Federal Policies
New federal standards for emissions could accelerate the push to produce buses that run on clean energy.
3 min read
Stockton Unified School District's new electric bus fleet reduces over 120,000 pounds of carbon emissions and leverages The Mobility House's smart charging and energy management system.
A new rule from the Environmental Protection Agency sets higher fuel efficiency standards for heavy-duty vehicles. By 2032, it projects, 40 percent of new medium heavy-duty vehicles, including school buses, will be electric.
Business Wire via AP
Federal What Would Happen to K-12 in a 2nd Trump Term? A Detailed Policy Agenda Offers Clues
A conservative policy agenda could offer the clearest view yet of K-12 education in a second Trump term.
8 min read
Republican presidential candidate and former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga.
Former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome, Ga. Allies of the former president have assembled a detailed policy agenda for every corner of the federal government with the idea that it would be ready for a conservative president to use at the start of a new term next year.
Mike Stewart/AP