Tuesday, January 15, 2008

Interesting NCLB Decision by the Sixth Circuit: Is Divorce Likely?

The United states Court of appeals for the Sixth Circuit issued a noteworthy decision last week in Sch Dist of the City of Pontiac v. Spellings. The decision is interesting in that the Court held that the plaintiffs, a number of school districts and a teacher's union, with some of its affiliates, stated a cause of action that the districts are not legally responsible for the costs of implementing No Child Left Behind beyond the funds provided by the federal government for NCLB. The Court relied upon the provision in NCLB prohibiting unfunded mandates.

The Court remanded the case to the trial court for resolution on the merits. Accordingly, it has no immediate impact. You can read the slip opinion at http://www.ca6.uscourts.gov/opinions.pdf/08a0006p-06.pdf

I hear that one in two marriages ends in divorce these days. My question today is - coupled with the current stormy political climate for NCLB, could the marriage of NCLB and IDEA be headed to divorce court?


  1. Aren't NCLB and IDEA more like distant cousins rather than husband-wife? IDEA could fall the way of NCLB re: undfunded mandates. Where would that leave IEP students?

  2. Congress tried a shotgun wedding, but I'm not sure who'll get custody!
    Seriously, I don't think that IDEA, which enjoys bipartsan support will be jeopardized, but you are right about it being unfunded. I understand that Congress pays less tha 17% of SpEd expenses.
    Thanks for the comment. What is your interest in special education law? Have you subscribed to my blog and voted for it on the Blogger's Choice awards?

  3. How are we as parents supposed to trust the educational system? When teachers are fixing tests to make their students pass exams due to the “No Child Left Behind” mandate. This is ridiculous. Check out dailycents.com at http://blogs.dailycents.com/?p=819

  4. Mr. Gerl,

    I am a parent advocate in NYS. I have subscribed to your blog but have never nominated/voted for blogger's awards.

    I have included a link to your blog on our parent group website: www.pittsfordpass.org.

    Your blog has been helpful. Keep up the good work.

  5. splogger: Thanks for your kind words and support

    Anonymous: Many parents and school personnel share your concerns about NCLB tests. thanks for reading this blog