Sixth Circuit Rules that States and School Districts Need Not Spend Their Own Funds to Comply with No Child Left Behind
January, 2008
On January 7th, the Sixth Circuit handed down its decision in the long running Pontiac v. Spellings case, in which the firm represents the NEA, nine school districts and several state and local NEA affiliates, who are challenging the position of the U.S. Department of Education that states and school districts must spend their own funds to comply with the NCLB. In its ruling, the Sixth Circuit agreed with the plaintiffs that the NCLB cannot be construed to require states and school districts to spend their own funds on NCLB compliance and remanded the case to the trial court for further proceedings.