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The No Child Left Behind Act and "unfunded mandates" : a legal analysis of School District of the City of Pontiac v. Secretary of the United States Department of Education / Jody Feder.

HeinOnline U.S. Congressional Documents Library Available online

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HeinOnline U.S. Congressional Documents Library Available online

View online
Format:
Book
Author/Creator:
Feder, Jody, author.
Series:
CRS report for Congress.
CRS report for Congress
Language:
English
Subjects (All):
Federal aid to education--United States.
Federal aid to education.
Educational accountability--Law and legislation--United States.
Educational accountability.
Physical Description:
1 online resource (6 pages).
Place of Publication:
Washington, District of Columbia : Congressional Research Service, Library of Congress, 2008.
Summary:
Prepared for Members and Committees of Congress . In January 2008, a panel of the Court of Appeals for the Sixth Circuit issued a decision in School District of the City of Pontiac v. Secretary of the United States Department of Education. ... This report discusses some of the implications of the Sixth Circuit's actions, including information regarding the potential practical effect, procedural ramifications, and legal impact of both the original ruling and the recent decision to rehear the case. ... The bulk of the new accountability requirements are tied to the Title I, Part A program for disadvantaged students, which is the largest source of federal funding for elementary and secondary education.2 Arguing that the costs of complying with some of the new accountability measures far outweigh what they receive in federal funds, a number of states and school districts have protested what they p ... Indeed, in 2005, the National Education Association (NEA), in conjunction with eight school districts in Michigan, Texas, and Vermont, filed a lawsuit claiming that the Secretary of Education was violating both the "unfunded mandates" provision and the Spending Clause of the U. S. Constitution.4 The NEA: sought a declaratory judgment to the effect that states and school districts are not required ... As a result, the court dismissed the lawsuit for failing to state a claim upon which relief can be granted.6 The plaintiffs appealed the dismissal to the Sixth Circuit, which reversed the district court's decision.
Notes:
Description based on publisher supplied metadata and other sources.

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