Ding! Round 2 goes to the children!

Federal Appeals Court backs NEA challenge to NCLB.

The battle to change the so-called No Child Left Behind law (NCLB) took a dramatic turn last month when a U.S. Court of Appeals panel sided with NEA in a crucial lawsuit against the federal Department of Education.

"The court's message couldn't be more clear: If the President is sincere about continuing No Child Left Behind, he needs to put his money where his mouth is," said NEA President Reg Weaver.

NEA, along with several state Associations and school districts, went to court back in 2005, contending that the feds could not make states and districts spend their own money, beyond available federal funds, to carry out the law's draconian mandates.

But the Bush Administration insisted Washington was under no obligation to pay. A federal judge agreed and dismissed the suit. NEA appealed, and on January 7, the 6th Circuit Court of Appeals reversed the earlier ruling. The court said if Congress really wants to make states and districts pay NCLB costs, Congress must change the law to say so.

The ruling, according to NEA General Counsel Bob Chanin, puts states and districts in a strong position to carry out NCLB directives only as far as federal funds cover. NCLB funds have fallen $70 billion short of what was originally promised.

The ruling adds fuel to efforts by NEA and many others to overhaul the law. NEA maintains that a massive increase in federal funding is a badly needed investment in the nation's future—but the money should go for smaller classes and other proven ways to improve education, not high-stakes testing. 

Read more.