“Unfunded mandate” has long been a phrase associated with the No Child Left Behind (NCLB) Act, but that may be changing…

In a decision released January 7, the U.S. Court of Appeals for the Sixth Circuit ruled that NCLB is unclear as to whether or not states have to pay for additional costs associated with complying with the law, and as a result, a state official cannot reasonably make an informed choice whether or not to participate in the law.

Pontiac School District, et al. v. Secretary of the United States Department of Education was brought to the court by school districts and education associations and had previously been decided by a lower district court in favor of the U.S. Department of Education. However the appellate court reversed this decision on the grounds that the Spending Clause of the U.S. Constitution (art. I, sec. 8, cl. 1) demands that statutes enacted under it provide clear notice to the states on their liabilities, should the states choose to accept federal funding under those statutes, and NCLB is unclear in this regard. NCLB states that “[n]othing in this Act shall be construed to . . . mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act” [20 U.S.C. sec. 7907(a)].

The reinterpretation of sec. 7907(a) was a key factor in the 2-1 decision to reverse the lower courts’ ruling.

“The unfunded mandates of NCLB have seriously strained America’s public schools. The federal government’s refusal to fully fund NCLB has forced schools to pull resources from other areas, and as a result has reduced the funds available for programs such as music, art, and foreign language,” NASSP Executive Director Dr. Gerald N. Tirozzi said of the ruling. “The appellate courts’ decision to reverse the district courts’ ruling marks a major victory in the battle to recognize the serious funding challenges that schools are facing as a result of NCLB.”

To view the appellate courts’ decision in its entirety, please visit http://www.ca6.uscourts.gov/opinions.pdf/08a0006p-06.pdf.