Sparring Continues Over NCLB Legal Ruling

By David J. Hoff and Mark Walsh from Education Week

A court ruling that revived a major legal challenge to the No Child Left Behind Act is drawing sharply differing interpretations from Secretary of Education Margaret Spellings and advocates for states and school districts.

“No state or school district should regard the ruling as license to disregard NCLB’s requirements,” Ms. Spellings wrote in a letter this month to all chief state school officers.
The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, ruled Jan. 7 that the states were not on clear notice of their financial obligations when they agreed to accept federal money under the NCLB law.

In a 2-1 panel decision, the majority ruled that state and local officials could “reasonably read” the law’s unfunded-mandate provision to conclude the federal government would pay for all costs associated with complying with the law. ("Court Ruling in NCLB Suit Fuels Fight Over Costs," Jan. 16, 2008.) READ MORE