COURT HEARS ARGUMENT IN NEA SUIT CHALLENGING NCLB (10/31/05)
Recently, Judge Bernard A. Friedman of the U.S. District Court in Michigan heard oral argument in a suit against No Child Left Behind. The case, Pontiac v. Spellings, pits a group of school districts and education organizations from Michigan, Vermont, Texas and elsewhere against the U.S. Department of Education. The issue is whether USDOE is violating Section 9527(a) of the law, which states, "Nothing in this Act shall be construed to ... mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act." Plaintiffs contend that the federal government has not provided districts with the funds needed to comply with the law’s provisions, and yet requires that they achieve compliance by 2007, causing them to need to dip into state budgets.
Judge Friedman is expected to issue a decision in November.
Initial Complaint, Pontiac v. Spellings (4/20/2005)
Judge Hears Arguments on No Child Left Behind Lawsuit (Detroit Free Press) (10/19/2005)