Advocates for Labor and Progressive Institutions

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Argument in Lawsuit filed to enforce No Child Left Behind Act unfunded mandates (November 2006)

November 2007

The nation’s first lawsuit seeking to enforce the unfunded mandates provision of the No Child Left Behind Act was filed by Bredhoff & Kaiser, PLLC, in April of 2005 on behalf of a broad coalition including the NEA, nine of the NEA’s state affiliates, a local NEA affiliate, and nine school districts from Michigan, Texas and Vermont. 

The suit is now pending before the Sixth Circuit Court of Appeals, which heard argument on the matter on November 28, 2006.  Seven states as well as the District of Columbia have filed an amicus brief in support of the plaintiffs in the case.  The case also has been the focus of extensive media coverage including front page stories in The New York Times and USA Today.