Fwd: [arn2-strategy] Court Dismisses Connecticut Challenge to NCLB

[Susan Harman <susanharman@igc.org>]

Bad news...
Susan

Begin forwarded message:

> From: Bob Schaeffer <bobschaeffer@earthlink.net>
> Date: Tue Apr 29, 2008  7:50:56 AM US/Pacific
> To: ARN Main List <arn-l@interversity.org>,  arn2-strategy 
> <arn2-strategy@yahoogroups.com>
> Subject: [arn2-strategy] Court Dismisses Connecticut Challenge to NCLB
> Reply-To: arn2-strategy@yahoogroups.com
>
> JUDGE DISMISSES STATE'S NO CHILD SUIT
> Associated Press -- April 29, 2008
>
> New Haven, Conn. --A federal judge has dismissed the last of four 
> claims
> in Connecticut's challenge to the federal No Child Left Behind law.
>
> Connecticut in 2005 became the first state to sue over the law's 
> testing
> requirements, saying it is unconstitutional because expenses outweigh
> federal reimbursements.
>
> The 2002 law requires annual standardized tests for students in grades
> three through eight. States must correct problems in school districts
> that fall short. Connecticut wants to continue its program of testing
> students every other year, in grades four, six and eight.
>
> In a ruling released Monday, Judge Mark Kravitz dismissed the state's
> claim that alleges the U.S. Department of Education unfairly denied
> Connecticut's proposed changes to testing rules for special education
> and limited English proficiency students (LEP).
>
> The state contended it would have to use state money to meet the 
> federal
> Act's requirements, a violation of the law's unfunded mandates
> provision. Kravitz said the state failed to make the argument that
> Education Department's denial violated that provision.
>
> "Though Connecticut provided estimates of what it would cost to modify
> and implement assessment policies and accommodations for LEP students
> and to develop alternative assessments for students with
> disabilities...nowhere did it state that federal funding was
> insufficient to cover those costs," Kravitz wrote. "Instead, the State
> sought to justify its requests on the basis of reasons other than 
> cost."
>
> The judge dismissed the first three claims in September 2006, ruling 
> the
> state can't challenge the constitutionality of the law until it
> exhausted the U.S. Department of Education's administrative appeals.
>
> The U.S. Education Department called the decision a "resounding 
> victory"
> for children and their families seeking a better future through 
> education.
>
> "No Child Left Behind provides parents and educators with the tools 
> they
> need to measure their children's progress and to ensure their access to
> the American dream," the department said in a statement.
>
> Messages were left for Connecticut officials.
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
> <*> To visit your group on the web, go to:
>     http://groups.yahoo.com/group/arn2-strategy/
>
> <*> Your email settings:
>     Individual Email | Traditional
>
> <*> To change settings online go to:
>     http://groups.yahoo.com/group/arn2-strategy/join
>     (Yahoo! ID required)
>
> <*> To change settings via email:
>     mailto:arn2-strategy-digest@yahoogroups.com
>     mailto:arn2-strategy-fullfeatured@yahoogroups.com
>
> <*> To unsubscribe from this group, send an email to:
>     arn2-strategy-unsubscribe@yahoogroups.com
>
> <*> Your use of Yahoo! Groups is subject to:
>     http://docs.yahoo.com/info/terms/
Vote in the National Cheney Impeachment Poll
http://www.usalone.com/blogvoices.php?Cheney%20Impeachment%3F
Add this text to your own email and blog signatures!