ELA update: Federal appeals court rules NCLB imposes unfunded mandates
Published: January 10, 2008
A federal appellate court panel issued a major ruling this week in a legal challenge to the No Child Left Behind Act. The 2-1 decision revives a suit brought by the National Education Association, selected state affiliates, and school districts in Texas, Vermont and Michigan that had been dismissed by a federal district court in 2005.
Background
From NCLB's enactment in 2002 through the time the suit was filed in 2006, Congress underfunded the cost for local schools to comply with NCLB's provisions by nearly $31 billion, the plaintiffs charge. As a result, school districts have been forced to divert funds from other important education programs and priorities to comply with NCLB mandates.
The 6th U.S. Circuit Court of Appeals ruled in Cincinnati Jan. 7 that NCLB did not provide state officials with clear notice that they would be obligated to pay for provisions of the act that were not covered by the federal government if they accept any NCLB funds. A provision of NCLB, 20 USC Section 7907, stipulates that school districts do not have to comply with NCLB’s educational requirements if doing so would require the expenditure of state funds.
Impact
The immediate impact of this ruling for local education agencies in California is unclear, and a final decision may take several years. The appeals court action sent the case, Pontiac v. Spellings, back to district court for further proceedings. The U.S. Department of Education could also request that the full 6th Circuit review the decision or that the U.S. Supreme Court hear the case.
If the decision stands, it is possible that school districts could be relieved from performing some of NCLB’s obligations. California's state government could require local schools to continue to comply with the NCLB provisions in question, but that might also allow local officials to seek reimbursement under the state's procedures for mandated costs.
“This ruling just adds another layer of confusion and uncertainty to a law that is already substantially flawed and overdue for reauthorization,” said CSBA Executive Director Scott P. Plotkin. “However, it does validate CSBA’s contentions that NCLB is woefully underfunded and that the federal government has failed to back up its lofty expectations with the resources needed to achieve them.”
CSBA will be monitoring the case closely and will provide updates on any new developments.
Related links
A copy of the decision can be found @ www.ca6.uscourts.gov/opinions.pdf/08a0006p-06.pdf.
CSBA’s Fix NCLB campaign has additional resources @ www.csba.org/EducationIssues/EducationIssues/NCLB.aspx.