Connecticut Attorney General's Office

Press Release

Attorney General Announces Federal
Appeals Court Decision On No Child Left Behind

January 7, 2008

Attorney General Richard Blumenthal today announced that the U.S. Court of Appeals for the Sixth Circuit has issued a significant ruling providing powerful new momentum to the state's No Child Left Behind (NCLB) case and congressional reform.

The federal appeals court -- in a case that is separate but parallel to Connecticut's -- has ruled that the Unfunded Mandates Provision of the NCLB Act means what it says and, if violated, runs afoul of the Spending Clause limitations of the Constitution.

The decision upholds Connecticut's fundamental arguments, Blumenthal said. His office will ask the U.S. District Court to rule on the merits of Connecticut's case.

"This decision is like a bolt of legal lightning - igniting new powerful momentum to our No Child Left Behind case and congressional reform," Blumenthal said. "The federal court has validated our legal struggle on behalf of children and taxpayers -- vastly enhancing and energizing our cause, both legally and politically. It adopts our arguments against unfunded mandates, concluding that the statute means what it says -- no unfunded mandates means no unfunded mandates. The Secretary of Education's interpretation of NCLB violates both the statute and the U.S. Constitution.

"If the Secretary of Education has any shred of respect for the law, she should now reverse course to revise and reform the federal government's misguided unfunded mandates. If she fails to heed this court of appeals ruling -- binding on her -- she is deliberately disregarding and defying federal law.

"We will immediately ask the U.S. District Court in our case to strongly consider today's decision and to rule on the merits of our claims. If necessary, we will ask for immediate permission to appeal to our U.S. Court of Appeals for the Second Circuit, so that an eventual ruling from the U.S. Supreme Court may be sought as soon as possible.

"We will also urge Congress to act -- as soon as possible -- to eliminate all doubt that No Child Left Behind was explicitly and purposely framed to forbid unfunded mandates. At stake are tens of millions of dollars in costs imposed by these mandates on state and federal governments, which our taxpayers are currently bearing.

"Connecticut led a group of eight states in supporting this result through a amicus curiae brief submitted to the U.S. Court of Appeals for the Sixth Circuit."