Re: Bill Clinton: Fix NCLB

["Miles AQ. Myers" <milesmye@pacbell.net>]

Thanks also to Monty for the info on the Circuit Court appeal. Miles Myers

-----Original Message-----
From: arn-l-owner@interversity.org [mailto:arn-l-owner@interversity.org] On
Behalf Of monty@fairtest.org
Sent: Monday, February 04, 2008 8:41 PM
To: arn-l@interversity.org
Subject: Re: [arn-l] Bill Clinton: Fix NCLB

The question of whether NCLB is an unfunded mandate is also a  
technical legal question. Currently the highest court to rule on it (a  
3 judge federal appeals panel) agrees it is an unfunded mandate of a  
sort - a different sort, clearly, than IDEA. The US Dept of Ed has  
decided to appeal to the full circuit court, which is what I expected  
them to do. Whoever loses will appeal to the Supremes.

Monty

Quoting Kenneth Bernstein <kber@earthlink.net>:

> responding to Miles
>
> technically NCLB is not an unfunded mandate, it is a condition of   
> aid, just as is the federal highway money.   In neither case does a   
> state have to accept the money, but if they do they most abide by   
> the conditions imposed in the law and regs.
>
>
> By contrast, IDEA is an unfunded mandate, because the original law   
> defined the federal share as 40% of the average additional costs,   
> but the highest the federal share has ever been was 19% in FY2005   
> (not the 17% stated by Clinton in her town hall meeting about an   
> hour ago), and in FY s007 it was 17%.
>
> teacherken  aka ken bernstein
>
> Kenneth J. Bernstein
> ------------------------------------------------
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