Federal

Suit Challenging NCLB Costs Is Dismissed

By Andrew Trotter — December 06, 2005 3 min read
  • Save to favorites
  • Print

The nation’s largest teachers’ union lost the first round in its high-profile legal challenge to the No Child Left Behind Act, as a federal judge in Michigan ruled that Congress may require states and school districts to spend their own money to comply with the school improvement law.

In a Nov. 23 decision that the National Education Association and the other plaintiffs plan to appeal, Chief Judge Bernard A. Friedman of the U.S. District Court in Detroit agreed with lawyers for Secretary of Education Margaret Spellings, who was the named defendant in the lawsuit, that the plaintiffs’ suit had failed to state a valid federal claim.

The suit hinges on a provision of the law that says “nothing in this act shall be construed to authorize 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.”

According to the plaintiffs, the law’s testing and accountability requirements impose costs on states and school districts that greatly exceed the level of federal funding Congress has appropriated for those purposes. The suit maintained, for example, that “Illinois will spend $15.4 million per year to develop and administer required tests, whereas the federal government currently gives Illinois $13 million per year for this purpose, a $2.4 million annual shortfall.”

But the judge rejected the plaintiffs’ interpretation of the provision at issue. He accepted the government’s argument that the language restricts only “an officer or employee” of the federal government from imposing an unfunded mandate.

“This does not mean that Congress could not do so, which it obviously has done by passing the NCLB Act,” Judge Friedman said in his opinion dismissing the suit.

He continued: “Defendant also argues that it would make no sense for Congress to pass this elaborate statute—which does require many things of states and school districts as a condition of receiving federal education funds—if the states could avoid the requirements simply by claiming that they have to spend some of their own funds in order to comply with those requirements.”

In addition to the 2.7 million-member national union, the plaintiffs include the Illinois Education Association and state NEA affiliates in nine other states, some local affiliates, the school districts of Pontiac, Mich., and Laredo, Texas, and several districts in south-central Vermont.

The NEA-led suit, filed in April, is separate from a suit that the state of Connecticut filed against the law in August. (“Connecticut Files Court Challenge to NCLB,” Aug. 31, 2005.)

Connecticut Suit Pending

On a separate issue, Judge Friedman rejected the federal government’s argument that the teachers’ union and school district plaintiffs lacked legal standing to bring the case, Pontiac v. Spellings.

The judge said that at this early stage in the legal proceeding, all that was required was that the plaintiffs allege facts in support of their standing. “The court is persuaded that standing has been adequately alleged,” Judge Friedman wrote. But that was little more than a symbolic victory for the plaintiffs, since he went on to dismiss the suit on other grounds.

Secretary Spellings said in a statement that “Chief Judge Friedman’s decision validates our partnership with states to close the achievement gap, hold schools accountable, and to ensure all students are reading and doing math at grade level by 2014.”

NEA President Reg Weaver said the union found troubling the judge’s reasoning that it is proper for the federal government to pass unfunded mandates. “We consider that interpretation wrong,” he said.

The lawsuit that Connecticut’s attorney general filed in federal district court in Hartford this past summer makes a similar challenge based on the same provision of the nearly 4-year-old federal law, as well as on a claim that the alleged unfunded mandates are a violation of the spending clause in Article I of the U.S. Constitution.

Responding to the ruling in the NEA suit, state Attorney General Richard Blumenthal said in a statement that it was “wrong and in no way legally binding on our lawsuit in Connecticut.”

He criticized the judge’s opinion as having reasoning that was “virtually incomprehensible and completely unsupported.”

He said Connecticut’s claim is “that federal officials illegally imposed unfunded mandates by failing to grant waivers or flexibility in their regulatory requirements, making our case factually different” from the NEA’s. The Education Department had until Dec. 2 to file its response to Connecticut’s suit.

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
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
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

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 Video Linda McMahon: 5 Things to Know About Trump's Choice for Education Secretary
President-elect Donald Trump plans to nominate former pro-wrestling CEO Linda McMahon to lead the education department.
1 min read
Federal The K-12 World Reacts to Linda McMahon, Trump's Choice for Education Secretary
Some question her lack of experience in education, while supporters say her business background is a major asset.
7 min read
Linda McMahon, former Administrator of Small Business Administration, speaks during the Republican National Convention on July 18, 2024, in Milwaukee.
Linda McMahon speaks during the Republican National Convention on July 18, 2024, in Milwaukee. McMahon has been selected by President-elect Trump to serve as as the next secretary of education.
J. Scott Applewhite/AP
Federal What a National School Choice Program Under President Trump Might Look Like
School choice advocates—and detractors—see a second Trump term as the biggest opportunity in decades for choice at the federal level.
8 min read
President Donald Trump listens during a "National Dialogue on Safely Reopening America's Schools," event in the East Room of the White House, on July 7, 2020, in Washington.
President Donald Trump listens during a "National Dialogue on Safely Reopening America's Schools," event in the East Room of the White House on July 7, 2020, in Washington. He returns to power with more momentum than ever behind policies that allow public dollars to pay for private school education.
Alex Brandon/AP
Federal 5 Things to Know About Linda McMahon, Trump's Pick for Education Secretary
President-elect Donald Trump’s selection, the former CEO of World Wrestling Entertainment has long spoken favorably about school choice.
7 min read
Small Business Administrator Linda McMahon speaks during a briefing at the White House in Washington on Oct. 3, 2018.
Linda McMahon speaks during a briefing at the White House in Washington on Oct. 3, 2018, when she was serving as head of the Small Business Administration during President Trump's first administration. McMahon is now President-elect Trump's choice for U.S. secretary of education.
Susan Walsh/AP