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New IDEA Will Allow For Supplemental MaterialsOn November 29, 2006, the NEA appealed the dismissal of their lawsuit against the federal government before the U.S. Court of Appeals, sixth circuit. Late last year the U.S. District Court of Eastern Michigan rejected their claim that the federal government can require states and school districts to pay for NCLB mandates out of their own pockets. Specifically, the NEA is challenging based on the language in Section 9527 stating: "Nothing in this Act shall be construed to authorize an officer or employee of the Federal government to...mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act." District Judge Bernard Friedman concluded that the language prohibits "federal officials and employees from imposing additional, unfunded requirements, beyond those provided for in the statute." He did not agree that the language prohibits the federal government from creating the unfunded mandates and that states therefore must comply. The timing is important as a new Congressional leadership will face the reauthorization of three major education bills in 2007: NCLB, the Higher Education Act, and the Early Childhood Act. All of those programs are facing huge financial challenges, and overall funding for education was cut in the most recent proposed education budget. According to the NEA, federal funding for NCLB has fallen $40 billion short of the amount originally promised by Congress. Questions, ideas, or in need of more information? Please contact Stacey Pusey at 302-295-8349. |
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