Federal

Sparring Continues Over NCLB Legal Ruling

Spellings warns states, districts to continue obeying law’s mandates.
By David J. Hoff & Mark Walsh — January 24, 2008 4 min read
  • Save to favorites
  • Print

Includes updates and/or revisions.

A court ruling that revived a major legal challenge to the No Child Left Behind Act is drawing sharply differing interpretations from Secretary of Education Margaret Spellings and advocates for states and school districts.

“No state or school district should regard the ruling as license to disregard NCLB’s requirements,” Ms. Spellings wrote in a letter this month to all chief state school officers.

The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, ruled Jan. 7 that the states were not on clear notice of their financial obligations when they agreed to accept federal money under the NCLB law. In a 2-1 panel decision, the majority ruled that state and local officials could “reasonably read” the law’s unfunded-mandate provision to conclude the federal government would pay for all costs associated with complying with the law. (“Court Ruling in NCLB Suit Fuels Fight Over Costs,” Jan. 16, 2008.)

Secretary Spellings’ Jan. 18 letter seemed in part a response to comments by Robert H. Chanin, the general counsel of the National Education Association, that the ruling meant states and districts could not be compelled to use their own resources to comply with the law’s mandates on testing and school improvement. The 3.2 million-member NEA organized the lawsuit on behalf of several of its affiliates and nine school districts in three states.

Ms. Spellings wrote that she strongly disagreed with the 6th Circuit court’s ruling and was “exploring all legal remedies to overturn the decision.” In the meantime, she added, state and local officials should fully comply with the law, which requires states to assess students’ reading abilities and mathematics skills in grades 3-8 and once in high school. If schools fail to meet annual achievement goals, they must provide tutoring to students in those schools or provide transportation to schools that do meet their achievement targets.

Even if the court’s interpretation stands,Ms. Spellings said, the ruling “would only provide a limited defense in future enforcement proceedings” under the NCLB law.

Connecticut’s View

The secretary’s letter was disconcerting to an official of one state who has been closely involved in the legal debate over the 6-year-old law, an overhaul of the Elementary and Secondary Education Act.

BRIC ARCHIVE

Connecticut Attorney General Richard Blumenthal, who has filed a lawsuit on behalf of his state challenging the federal law on the same grounds, said: “In our view, she has an obligation to follow the 6th Circuit’s ruling. It’s binding on her.”

Mr. Blumenthal, a Democrat who is elected to his office, said he would not go as far as advising districts that they shouldn’t spend their own money on NCLB obligations where the federal government’s funding falls short.

“I’m not providing legal advice to school districts in the 6th Circuit, but I am calling on the secretary of education to obey the law as it has been clearly and emphatically interpreted by the highest federal court [to consider it] so far,” Mr. Blumenthal said in an interview this week.

The 6th Circuit covers Kentucky, Michigan, Ohio, and Tennessee.

Connecticut’s lawsuit is pending before a federal district judge in Hartford. Mr. Blumenthal intends to make new arguments based on the 6th Circuit ruling, and he hopes to be able to advance his case to the U.S. Court of Appeals for the 2nd Circuit, in New York City.

Meanwhile, a lobbyist for the National School Boards Association agreed this week that the 6th Circuit decision does not relieve states and schools from using their own money to comply with the NCLB law. But the decision puts new pressure on President Bush and Congress, the lobbyist argued, to ensure that they provide enough money to cover the costs of annual testing, free tutoring, and other obligations under the act.

BLOG: NCLB: ACT II

Education Week‘s David J. Hoff keeps you abreast of the latest news on the reauthorization of the No Child Left Behind Act. Read his blog, NLCB: ACT II.

“There’s no firm resolution legally coming down the pike any time soon,” said Marc F. Egan, the director of federal affairs for the Alexandria, Va.-based NSBA. “We hope this will bring both the [Bush] administration and Congress together so they realize that they have to do their part” by dramatically increasing federal financing for the law, he said.

Spending Cycle

Mr. Egan said that the NSBA is advising districts to continue spending their own money for the law’s requirements that their federal grants don’t cover. At the same time, the NSBA and other national education groups are mounting an aggressive effort to lobby Congress for additional funds for the law’s programs.

In December, Congress passed a spending bill providing a 9 percent increase for the Title I program for fiscal 2008, increasing funding for the law’s largest program—aimed at disadvantaged students—to $13.9 billion. The NCLB law authorized up to $25 billion to be spent on Title I in fiscal 2007, which ended Sept. 30, but did not set such a level for the current fiscal year.

The 6th Circuit decision “raises the issue … that the federal government has fallen down on its responsibility for funding NCLB,” Mr. Egan said.

President Bush will propose his fiscal 2009 budget early next month, and Congress will begin working on appropriations bills to finance education and other programs shortly thereafter. The fiscal year begins Oct. 1.

A version of this article appeared in the January 30, 2008 edition of Education Week as Sparring on NCLB Legal Ruling Continues

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
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
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
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
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
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

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 Talks Up AI in State of the Union, But Not Much Else About Education
The president didn't mention two of his cornerstone education policies from the past year.
4 min read
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026.
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026. The president devoted little time in the speech to discussing his education policies.
Kenny Holston/The New York Times via AP, Pool
Federal Education Department Will Send More of Its Programs to Other Agencies
Education grants for school safety, community schools, and family engagement will shift to Health and Human Services.
4 min read
Various school representatives and parent liaisons attend a family and community engagement think tank discussion at Lowery Conference Center on March 13, 2024 in Denver. One of the goals of the meeting was to discuss how schools can better integrate new students and families into the district. Denver Public Schools has six community hubs across the district that have serviced 3,000 new students since October 2023. Each community hub has different resources for families and students catering to what the community needs.
A program that helps state education departments and schools improve family engagement policies is among those the Trump administration will transfer from the U.S. Department of Education to the U.S. Department of Health and Human Services. In this photo, school representatives and parent liaisons attend a family and community engagement discussion on March 13, 2024, in Denver to discuss how schools can better integrate new students and families into the district.
Rebecca Slezak For Education Week
Federal New Trump Admin. Guidance Says Teachers Can Pray With Students
The president said the guidance for public schools would ensure "total protection" for school prayer.
3 min read
MADISON, AL - MARCH 29: Bob Jones High School football players touch the people near them during a prayer after morning workouts and before the rest of the school day on March 29, 2024, in Madison, AL. Head football coach Kelvis White and his brother follow in the footsteps of their father, who was also a football coach. As sports in the United States deals with polarization, Coach White and Bob Jones High School form a classic tale of team, unity, and brotherhood. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
Football players at Bob Jones High School in Madison, Ala., pray after morning workouts before the rest of the school day on March 29, 2024. New guidance from the U.S. Department of Education says students and educators can pray at school, as long as the prayer isn't school-sponsored and disruptive to school and classroom activities, and students aren't coerced to participate.
Jahi Chikwendiu/Washington Post via Getty Images
Federal Ed. Dept. Paid Civil Rights Staffers Up to $38 Million as It Tried to Lay Them Off
A report from Congress' watchdog looks into the Trump Admin.'s efforts to downsize the Education Department.
5 min read
Commuters walk past the headquarters of the U.S. Department of Eduction, which were ordered closed for the day for what officials described as security reasons amid large-scale layoffs, on March 12, 2025, in Washington.
The U.S. Department of Education spent up to $38 million last year to pay civil rights staffers who remained on administrative leave while the agency tried to lay them off.
Mark Schiefelbein/AP