| Show National teachers' teachers union files lawsuit Michael Dobbs The Washington Post The nations nation's largest teacher union on Wednesday joined school districts in Michigan Texas and Vermont in filing a federal lawsuit against the Department of Education for failing to provide adequate funding for the No Child Left Behind initiative The of kind lawsuit lawsuit lawsuit law law- suit is the latest in a series of legal challenges to the Bush administrations administration's signature education reform which aims to make every student in inthe inthe inthe the country proficient in reading and math by 2014 On Tuesday the Utah state legislature voted to give priority priority priority to their own state school accountability system over the federal law in the event of ofa a conflict The rebellion is growing said Jack Jennings president of the Center on Education Policy a Washington-based Washington think tank that has been tracking implementation of No Child Left Behind These actions are all ratcheting ratcheting ratcheting ratch ratch- eting up the pressure on the Bush administration to either relax some of the requirements requirements requirements' requirements requirements' require require- ments ments' of No Child Left Behind or provide more money to fund it Newly appointed education education education tion secretary Margaret Spellings has been attempting attempting attempting attempt attempt- ing to defuse protests against No Child Left Behind by promising a commonsense attitude toward interpreting the law and broadening exemptions for disabled stu stu- stu- stu dents But she has been unable to bridge the gap with several states including Utah Connecticut and her home state of Texas which are demanding much greater concessions from the federal government Lawyers for the National Education Association the teachers' teachers union that has been at the forefront of protests against No Child Left Behind seized on a clause inthe inthe in inthe the law that protects states from incurring any costs not paid for under this Act Opponents depict the law as asan asan asan an under funded federal mandate mandate mandate man man- date that has imposed billions of dollars of extra spending on the states The principle of the law is simple said teachers' teachers union president Reg Weaver If you regulate you have to pay Pay Pay- Bush ush administration officials officials officials dispute studies carried out by several states that purport purport purport pur pur- port to show that they are being forced to pick up the costs of additional standardized standardized standardized standard standard- testing required by the 2002 No Child Left Behind legislation They argue that federal funding for education has increased significantly No Child Continued on Page 9 No Child Continued from front over the past five years The Education Department had no immediate response After meeting with I Spellings earlier this month Virginia schools superintendent dent Jo Lynne DeMary said she was very encouraged by her more flexible attitude toward No Child Left Behind particularly over disabled stu stu- stu- stu dents DeMary predicted that the changes would lead to a drop in the number of schools failing to meet the adequate yearly progress provisions of the law putting them on a path to eventual tion But the changes failed to satisfy several other states including Connecticut which is preparing a lawsuit challenging challenging chal chal- a federal requirement that students be tested annually annually annually annu annu- ally between grades three and eight as well as grade 10 According to calculations by state auditors the extra testing testing test test- ing requirement will cost the state million more than the federal government provides Connecticut Attorney I General Richard Richar Blumenthal I tiling filing the lawsuit to wait for the outcome of negotiations negotiations between state education education tion officials and the federal Department of Education But little came from a meeting meet meet- meeting ing this week week between Spellings arid Connecticut Education Commissioner Betty Sternberg and Blumenthal said he expected to file the lawsuit imminently imminent ly Although several school districts have mounted legal challenges to parts of the No Child Left Behind legislation the section of the legislation on federal mandates mandates man man- dates has yet to be tested in court The case is likely to revolve around complicated accounting arguments and conflicting estimates of the costs of the standardized tests that form the centerpiece of the accountability system promoted by the federal Department of Education The case also illustrates the changing nature of the rebellion rebellion rebel rebel- lion against No Child Left Behind which is shifting away from outright opposition opposition tion to complaints about lack of funding The Republican- Republican controlled Utah legislature dropped an earlier threat to opt out of the law completely in order not to lose tens of millions of federal subsidies for some of the states state's lowest- lowest performing schools Instead of opposing the law outright states are attempting to opt out of certain requirements requirements require require- requirements ments while continuing to receive federal funds Texas for example has exempted 9 percent of its stud students from regular state tests on the grounds that they are learn learn- ing Spellings has agreed to exempt up to 3 percent percent percent per per- cent of students The new Utah law authorizes authorizes authorizes autho autho- state officials to ignore provisions of No Child Left Behind that have not been fully funded by the federal government Legislators from both houses voted in a special session in favor of the law despite warnings from Spellings that they ran the risk of losing 76 million in federal funding Id just as soon they take the stinking money and go back to Washington with it said Utah state representative Steve Mascaro R- R West R-West West Jordan |
