PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Wednesday, April 06, 2005

Connecticut to challenge constitutionality of No Child Left Behind Act
Jeannie Shawl at 8:15 AM ET

[JURIST] Connecticut Attorney General Richard Blumenthal [official profile] announced Tuesday that his office is preparing the first state-sponsored federal lawsuit [CT AG press release] against the US Department of Education [official website] for imposing millions of dollars worth of illegal unfunded mandates under the No Child Left Behind Act [PDF text; executive summary; US Dept. Ed. fact sheet]. In order to comply with NCLB testing mandates, Connecticut will be required to spend $8 million above what federal funding provides. Blumenthal contends that this forced spending violates the Unfunded Mandates Provision of the NCLB, 20 USC Sec. 7907(a), and the spending clause in the US Constitution. A Department of Education statement criticized the announcement, saying "The basis for the state's lawsuit appears to rest on a flawed cost study of the No Child Left Behind Act that creates inflated projections built upon questionable estimates and misallocation of costs." AP has more. Earlier this year, the National Conference of State Legislatures issued a statement [PDF text] joined by all 50 state legislatures attacking the constitutionality [JURIST report] of NCLB. The state legislatures said that the education program unconstitutionally extends federal power in an area traditionally left up to state control and accused the government of coercing states into compliance.






Link | |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Groups petition Supreme Court to overturn Montana ban on corporate campaign spending
3:18 PM ET, February 11

 Apple sues Motorola in federal court over patent claims in Germany
2:30 PM ET, February 11

 UN concerned over prosecution of Spain judge Garzon
10:54 AM ET, February 11

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Hungary and Mexico's Constitutional Parallels
FOREIGN
Kevin Govern
Ave Maria School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@pitt.edu