Fed Up with the Feds

NEA Today, Sep 2005

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PAY UP OR BACK OFF.

That's what NEA, several affiliates, and a determined band of school districts are saying in a lawsuit aimed at loosening the grip of the so-called No Child Left Behind law (NCLB).

The districts, which educate tens of thousands of children in Laredo, Texas; Pontiac, Michigan; and a rural area of Vermont, contend that federal officiais are ignoring the intent of Congress and forcing costly changes that hurt kids.

"It is taking away from my child's classroom subjects like music, art, foreign languages, social studies, and sports," said Texas parent Jose Zuniga. "Those activities are being replaced with high-stakes, high-stress tests that don't help my child learn."

The lawsuit, which NEA's attorneys are handling, argues that the U.S. Department of Education is violating a provision of the law that prevents the feds from "mandating] a state or any subdivision thereof to spend any funds or incur any costs not paid for under this Act." Studies show NCLB actually comes with a hefty price tag. In Ohio and Texas, state taxpayers could be forced to ante up $1.5 and $1.2 billion respectively.

In June, the Education Department asked a judge to dismiss the lawsuit, claiming NEA doesn't have the legal "standing" to bring this lawsuit. Also, they argue the law doesn't prevent unfunded mandates-it just prohibits federal employees from adding extra requirements to those in NCLB itself without providing extra money. That same week, the House of Representatives voted to cut funding for NCLB below the level set three years ago.

A court hearing is set for October 19. Read more about the suit and sign a petition in support at www.nea.org/lac.>2.6

[STATISTIC]

The average number of MONTHS of student learning that go to WASTE over the summer