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Lawsuit against No Child Left Behind dismissed

October 27, 12:42 PMEducation ExaminerDonna Gundle-Krieg
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The Education Report keeps residents informed about politics in the schools.
The Education Report keeps residents informed about politics in the schools.
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A lawsuit against the No Child Left Behind Act (NCLB) has been dismissed, according to Education Week.

The court deadlocked on whether NCLB is an "unfunded mandate" which illegally requires school districts to spend their own money to comply with its provisions, according to the Education Report.

The case was filed by several school districts in Michigan, Texas and Vermont, with backing from the National Education Association (NEA).

After 10 months of deliberation, the 16 judges making up the U.S. Court of Appeals for the 6th Circuit were unable to reach a majority decision in Pontiac School District v. Secretary of the U.S. Department of Education.

This deadlock means that a lower court ruling to dismiss the case stands, although the NEA could appeal.

Eight judges agreed at least in part that school districts could not be required to spend local funds to comply with the law.  Five judges said that the law clearly outlines the tradeoff between accepting federal money and mandated academic progress. Three judges refused to issue an opinion on the merits of the case stating that states and not school districts, were the proper plaintiffs.

For more information, see:

Appeals Court Upholds Dismissal of NCLB Suit

Pontiac in Court to Challenge No Child Left Behind Requirements

Michigan schools in NCLB lawsuit

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