Hartford, Conn. – Connecticut on Monday became the first state to challenge the No Child Left Behind law in court, arguing that the centerpiece of President Bush’s education law amounts to an unfunded mandate from the federal government.
“Our message today is, give up the unfunded mandates, or give us the money,” said Attorney General Richard Blumenthal.
The lawsuit raises the stakes in a heated fight between states and the Bush administration over the law, and experts say legislatures around the country will be watching the case carefully. Experts expect that states could vote to join the lawsuit or file their own.
The lawsuit argues that No Child Left Behind is illegal because it requires expensive standardized tests and other school programs that the government doesn’t pay for. The suit asks a federal judge to declare that state and local money cannot be used to meet the law’s goals.
U.S. Education Secretary Margaret Spellings has repeatedly denied requests from Connecticut for more flexibility.
Susan Aspey, a federal spokeswoman, said, “The funds have been provided for testing, but Connecticut apparently wants to keep those funds without using them as intended.”
The federal government is providing Connecticut with $5.8 million this fiscal year to pay for the testing, state Education Commissioner Betty Sternberg said.
She estimates federal funds will fall $41.6 million short of paying for staffing, program development, standardized tests and other costs associated with implementing the law through 2008.
The cornerstone of the law is standardized testing – something that Connecticut conducts in grades four, six and eight.
But under No Child Left Behind, the state is required to start testing children in grades three, five and seven this school year.
State education officials say that they already know that minority and poor children don’t perform as well as their wealthy, white peers, and that additional tests aren’t going to tell them more.
Republican Gov. Jodi Rell, who for months urged the state to settle its differences through negotiation, recently joined the chorus of state teachers, superintendents, lawmakers and parents supporting the lawsuit.
