Court revives No Child Left Behind suit

[Jahness]

Court revives No Child Left Behind suit

By TIM MARTIN,
Associated Press Writer

A federal appeals court on Monday revived a challenge to the funding of the No Child Left Behind education law.

School districts in three states and the nation's largest teachers' union sued the government, arguing that schools should not have to comply with requirements that aren't funded by the federal government and that the government is imposing unfunded mandates, even though the act itself prohibits unfunded mandates.

Plaintiffs include the Pontiac, Mich., school district and eight districts in Texas and Vermont, along with National Education Association affiliates in several states. The NEA is paying for the appeal.

Chief U.S. District Judge Bernard Friedman in Detroit dismissed the lawsuit in November 2005, saying the plaintiffs failed to support their claim, but his ruling was reversed by a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati, in a 2-1 decision released Monday.

The court majority said the law fails to provide clear notice about who must pay the additional costs of compliance.

U.S. Education Secretary Margaret Spellings said No Child Left Behind is a compact between the states and the federal government, not an unfunded mandate.

"This decision could undermine efforts to improve the education of our nation's children, in particular those students most in need," Spellings said in a statement.

The case would be sent back to federal district court unless the ruling is appealed. Spellings said the government would explore all legal options.

Reg Weaver, president of the National Education Association, said the federal government should provide more money for schools to comply with No Child Left Behind.

"It's a matter of asking the federal government to live up to this ruling," Weaver said.

The No Child Left Behind Act, backed by President Bush, became law in 2002. Bush said Monday that if Congress doesn't reauthorize No Child Left Behind, he'll make as many changes as he can on his own. If Congress renews the law but weakens it, Bush said he would veto it.

The law requires tests on subjects including math and reading in grades three through eight, and once in high school. Schools that miss testing benchmarks face increasingly stiff sanctions, including the potential loss of federal money.

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On the Net:

No Child Left Behind: http://www.ed.gov/nclb/landing.jhtml

National Education Association: http://www.nea.org/

http://news.yahoo.com/s/ap/20080108/...PuiasUdhRQXs8F

Copyright © 2008 The Associated Press.

[YorubaQueen]

Peace...
Jahness...SO GLAD THAT YOU POSTED THIS STORY!

The NCLB act is a bunch of bullsh!t...and that is an understatement. My first year of teaching, I had FORTY TWO students in ONE class...ONE!

I was lucky to have had materials but so many of these other schools lack materials, lack funding, and lack the support of the federal government in the fed's need to make these kids smarter and better equipped to deal with a global market place and more connected world. Math standards are impossible, and using books that are possibly 5-10 years old makes teaching children math like having a damn baby elephant.

The fed govt needs to be held responsible for NOT giving these teachers and schools the materials and supplies that they need...but the sad part about it is that there are some parents out there that just don't give a damn about their children's education...some of them REALLY BELIEVE that teachers are overpaid (NOT THE CASE AT ALL) and have everything that they need. Parents need to step up and demand that the fed gov't give their children all of EVERYTHING that is available to them. There shouldn't be a limit to education budgets because the children are being hurt as well as this country.

I'm not a big USA fan but while I'm here I want our children to get the best that is available instead of having the feds pussyfoot around with the money and their futures.

YQ

[Jahness]

Greetings YorubaQueen!

Yes NCLB leaves most of the children behind so I do agree with you. We know the laws only look good on the books but in reality the government and the education departments in most states are making decisions for children that aare not helping them in any way.

Everytime you turn around there is some new standard or some new tests that the children has to learn and get familar with when they are just starting to understand the current system. Classes are overcrowded and the children are learning less and less because they do not have the full support of the books and other necessary school materials that they need to progress in a satisfactory manner.

Teachers are truly underpaid no doubt about that. Another thing too I find in my observation is that teachers are also being overwhelmed by too many administrative duties based on all types of new school rules and regulations which creates even more paperwork that they have to constantly be filling out and this also takes away valuable time from class time and teaching on a whole.

Parents also need to be more active in their children's education. They need to take a hands on approach. Furthermore parents need to also know that they have rights and they need to make good use of them and be very fierce advocates to make sure their children is getting the education they need and deserve.

I know that there is no one solution that fits all children, but we must have a standard and a good foundation set for these children to build on and progress accordingly.

Much appreciation to you YorubaQueen for always sharing your valuable comments.

Peace & Blessings!

[Moorbey]

This was nclb act was inacted to further put children of colour at a disadvantage and its is woking just the way. Just as the SAT were and are racially biased.As parents we need to play a bigger role in our childrens education and that means teaching our children our history that is not teached in schools and instill a since of pride,and a love for all Afrikan people.

[Fenix]

I think the result of this No Child Left Behind crap is that you have to implement a measuring stick to move kids to the next level. Then you have kids getting these standardized tests before they even know what a test is. So then you have teachers teaching to tests instead of teaching material. And that's an issue anyway you flip it.

The year after I graduated high school, I read in the local paper that the valedictorian at some high school in Houston couldn't graduate because he/she didn't pass the exit level TAKS test. It's a load of crap for you to tell a child that has busted his or her ass for four years that just because you can't pass this exam, you can't get a diploma.