News Briefs
AFT to monitor impact of recent NCLB court decision
Feb 1, 2008 10:10 AM
A Jan. 7 court decision in a lawsuit brought by the National Education Association over unfunded federal mandates in NCLB is being closely watched by the AFT. The suit, Pontiac v. Spellings, which was dismissed by a federal district court in 2005, was revived by a decision from a federal appeals court panel.
AFT general counsel David Strom explained that “the core question raised by the NEA lawsuit was whether the so-called ‘unfunded mandate’ clause in NCLB was a defense for states and school districts to not spend their own money in complying with NCLB’s requirements.”
A majority ruling found that “a state official deciding to participate in NCLB could reasonably read [the unfunded mandates provision] to mean that her state need not comply with requirements that are ‘not paid for under the act’ through federal funds.”
It’s still unclear how the Bush DOE will respond.
AFT LeaderNet, Jan. 22
