NEA challenges federal law's impact of unfunded mandates

NEA announced July 2 that it plans to file a lawsuit challenging the unfunded mandates imposed on states and school districts by ESEA (Elementary and Secondary Education Act), also known as "No Child Left Behind."

The basis for the lawsuit would be a provision in the No Child Left Behind Act stating in relevant part that "Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to. . . mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act."

NEA General Counsel Robert Chanin announced the impending action at a symposium on implications for NEA members and affiliates on the eve of the opening day of NEA's Annual Meeting.

"We intend to pursue every avenue to make sure that federal education policy helps further the needs of children, the cause of public education, and rights of public education employees," said NEA President Reg Weaver. "NEA is working to get clarity on the huge disconnect between the reality of law and the rhetoric used in promoting it."

Chanin cited a General Accounting Office study that estimates that states will be required to expend between $1.9 and $5.3 billion of their own money to implement the testing provisions of the No Child Left Behind Act between 2002 and 2008.

"The GAO study does not include state funds that would be required to comply with school choice [public school transfer provisions], teacher and paraprofessional qualifications, or other provisions of the No Child Left Behind Act," Chanin explained. Several states have conducted their own analyses, with increases in per pupil expenditures estimated between 16 percent in New York State to 84 percent in South Carolina.

"We intend to determine if it was the intent of Congress to impose unfunded mandates on states in enacting the No Child Left Behind Act," Weaver said. "We are consulting with several state and local governments who are affected by these unfunded mandates regarding possible participation in the lawsuit."