Sixth Circuit Decision Reignites Challenge to Unfunded 'No Child Left Behind' Mandates

January 14, 2008

On January 7, 2008, the United States Sixth Circuit Court of Appeals issued a much-anticipated decision in Pontiac School District, et. al. v. Secretary of the United States Department of Education.  This lawsuit involves the so-called "no unfunded mandates" provision of the No Child Left Behind Act of 2001 (NCLB), which provides that no State or political subdivision will be forced to spend additional funds to meet the Act's requirements, beyond funds appropriated by Congress for that purpose.  The trial court originally dismissed the lawsuit for failure to state a claim for relief.  The Sixth Circuit's decision reverses the trial court and remands the case to the trial court for further proceedings.  The plaintiffs in the lawsuit include school districts and education associations from several states across the country.  Laredo ISD and the Texas State Teachers Assocation (TSTA) are plaintiffs.  The plaintiffs are requesting that they not be required to comply with any of the mandates of NCLB that are not covered by federal funds.

Because of our active involvement representing Texas school districts in litigation concerning adequate funding, our law firm has followed the Pontiac case closely.  We believe that this decision has the potential to provide relief to many school districts from the burden of unfunded federal requirements contained in NCLB, or result in additional funds to meet greater requirements.  We will continue to monitor developments in this litigation and keep you informed.