Good News! Initial opinion regarding the Legal Challenge to NCLB

Earlier today (Monday, January 7, 2008) the Sixth Circuit Court of Appeals in Cincinnati issued its long-awaited opinion regarding the NEA/NEA legal challenge to the underfunding of the No Child Left Behind Act (NCLB).  By a two-to-one majority, the Sixth Circuit reversed the decision of the federal District Court in Detroit and found (1) that plaintiffs, which include the Pontiac Schools, Pontiac Education Association, Michigan Education Association, and National Education Association have standing to bring the legal challenge and (2) that there was merit to the plaintiffs' legal challenge.  Specifically, plaintiffs challenged the right of the US Department of Education to require the state and local school districts to comply with portions of the NCLB without fully funding those mandates.  The case was argued by NEA General Counsel Bob Chanin.  NEA will be handling all media inquiries concerning the decision.

The exact import of the Court's decision is somewhat unclear, since the Court did not grant judgment in favor of the plaintiffs, but instead remanded the case to the federal District Court for further proceedings consistent with this opinion.

The United States Department of Education has several legal options at this point.  It may: (1) seek an appeal to the United States Supreme Court, (2) request an en banc hearing before all of the judges of the Sixth Circuit Court of Appeals, or (3) proceed with the remand to the federal District Court.

While this decision is far from the final word on this matter, it is certainly one of the best results that we could have received from the Sixth Circuit Court of Appeals.

From an MEA memo to MEA board members.  Watch the MEA web site for more information.