Teachers union, districts suing over No Child act

Teachers union, districts suing over No Child act

By Ben Feller
The Associated Press

WASHINGTON — The nation's largest teachers union and school districts in three states sued the Bush administration yesterday over the No Child Left Behind law, aiming to free schools from complying with any part not paid for by the federal government.

The lawsuit, filed in the U.S. District Court for eastern Michigan, is the first major challenge to President Bush's education policy. The outcome would apply directly to the districts in the case, but it could affect how the law is enforced in schools across the country.

Leading the fight is the National Education Association, a union of 2.7 million members. Its objections to Bush's law prompted then-Education Secretary Rod Paige to call the NEA a "terrorist organization" last year.

The other plaintiffs are nine school districts in Michigan, Vermont and Bush's home state of Texas, plus 10 NEA chapters in those states and Connecticut, Illinois, Indiana, New Hampshire, Ohio, Pennsylvania and Utah.

Bush is facing battles on other fronts, too. The Republican-led Utah Legislature voted Tuesday to put its educational goals ahead of the federal law despite the possible loss of $76 million; Connecticut is planning its own lawsuit; and other states are balking over money.

The law is widely considered the most significant federal education act in decades. It puts particular emphasis on ensuring that schools give attention to minorities and poor children who have long fallen behind.

Dennis Pollard, an attorney representing schools in Pontiac, Mich., said the lawsuit was strictly about funding. "There is no intent to frustrate the purpose of No Child Left Behind," he said.

The lawsuit is built upon one paragraph in the law that says no state or school district can be forced to spend its money on expenses the federal government has not covered.

"What it means is just what it says — that you don't have to do anything this law requires unless you receive federal funds to do it," said NEA general counsel Bob Chanin. "We want the Department of Education to simply do what Congress told it to do. There's a promise in that law, it's unambiguous, and it's not being complied with."

The lawsuit accuses the government of shortchanging schools by at least $27 billion, the difference between the amount Congress authorized and what it has spent.

Education Secretary Margaret Spellings, as chief enforcer of the law, is the defendant.

Education Department spokeswoman Susan Aspey called the suit regrettable, saying the NEA should join in helping children "instead of spending its time and members' money in courtrooms."

White House spokeswoman Dana Perino said Bush has overseen "historic levels of funding" and a commitment to holding schools to high standards.