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Schools, teachers fight No Child Left Behind in court


Comments from Annie: Here’s a great quote: “Government attorney Alisa Klein told the panel that the intent of the law was never to fully fund the provisions laid out in No Child Left Behind.”



Schools, teachers fight No Child Left Behind in court

CINCINNATI, Ohio (AP) -- School districts in three states and the nation's largest teachers union asked a federal appeals court Tuesday to revive a lawsuit challenging the way government-mandated programs are funded.

The National Education Association and districts in Michigan, Vermont and Texas had sued to block the No Child Left Behind law, President Bush's signature education policy. They argued that schools should not have to comply with requirements that aren't paid for by the federal government.

Chief U.S. District Judge Bernard A. Friedman in Detroit dismissed the lawsuit in November 2005.

Attorney Robert Chanin, representing the Pontiac, Michigan, school district and the other plaintiffs, told the 6th U.S. Circuit Court of Appeals on Tuesday that states submitted compliance plans based on their understanding of the level of government support that would be provided. But Congress appropriated far less than needed, leaving local school districts to make up the difference, he said.

Government attorney Alisa Klein told the panel that the intent of the law was never to fully fund the provisions laid out in No Child Left Behind.

The law requires states to revise academic standards and develop tests to measure students' progress annually. If students fail to make progress, the law requires states to take action against school districts.

The three-judge appeals court panel took the case under advisement and did not say when it will rule. The outcome would apply directly to the districts in the case, but could affect how the law is enforced in schools across the country.

— The Associated Press
CNN.COM
http://www.cnn.com/2006/EDUCATION/11/28/education.lawsuit.ap/index.html


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