Federal Government Moves to Dismiss Lawsuit

On June 29, the federal government filed its response to the NCLB lawsuit. Rather than respond to the facts, the government moved to dismiss the lawsuit on three separate grounds. 

The government's first two arguments are that all of the various plaintiffs lack standing to proceed with the lawsuit.  The government argues both that the NEA and its affiliates lack standing and that the various school districts have not adequately pled the basis for their standing. 

The government's third and final argument is that the complaint fails to state a claim on the theory that the unfunded mandates provision does not prevent the imposition of unfunded mandates but only prevents federal officers or employees from adding to the NCLB statutory requirements. 

Lawyers for NEA and the other plaintiffs will be filing our opposition to the government's motion at the end of July.

The need for the lawsuit is greater than ever, since the House of Representatives on June 24 passed the Fiscal Year 2006 Labor-HHS-Education Appropriations bill (HR 3010) which cuts funding for NCLB programs by $803 million, which would bring funding below the level set three years ago in Fiscal Year 2003.

Related links:

About the Lawsuit

NEA News Release  

No Child Left Behind