Ding! Round 2 goes to the children!
Federal appeals court backs NEA challenge to NCLB
The battle to change the so-called "No Child Left Behind Act" took a dramatic turn Jan. 7 when a U.S. Court of Appeals panel sided with side in a crucial lawsuit against with the federal Department of Education.
"The court's message couldn't be more clear: If the president is sincere about continuing No Child Left Behind, he needs to put his money where his mouth is," said NEA President Reg Weaver.
NEA, along with several state associations and school districts, went to court back in 2005, contending that the feds could not make states and districts spend their own money, beyond available federal funds, to carry out the law's draconian mandates. NEA lawyers pointed to a specific passage in the law to that effect.
But the Bush Administration insisted Washington was under no obligation to pay. A federal judge agreed and dismissed the suit. NEA appealed, and on Jan. 7, the 6th Circuit Court of Appeals reversed the earlier ruling, stating that the Secretary of Education was violating the spending clause of the Constitution. The court said if Congress really wants to make states and districts pay NCLB costs, Congress must change the law to say so.
The ruling, according to NEA general counsel Bob Chanin, puts states and districts in a strong position to carry out NCLB directives only as far as available federal funds cover. NCLB funds have fallen $70 billion short of what was originally promised.
The ruling adds fuel to efforts by NEA and many others to overhaul the law. NEA maintains that a massive increase in federal funding is a badly needed investment in the nation's future -- but the money should go for smaller classes and other proven ways to improve children's education, not mandated high-stakes testing, which, according to national scores, is not helping.
-- Alain Jehlen
January 2008
Tags: 6th circuit court of appeals 6th circuit court unfunded mandates federal department of education nthe |
