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Thursday, April 07, 2005
The State of Connecticut is preparing a lawsuit to challenge the No Child Left Behind education law, and become the first state to challenge the federal mandate in court.
State Atty. Gen. Richard Blumenthal said on Tuesday the federal lawsuit will contend the law illegally and unconstitutionally requires states and communities to spend millions more than the federal government provides for test development and school reform programs.
This law is outrageously wrong. Its bad education policy, but its also blatantly illegal, Blumenthal said.
While other states have questioned the law and asked the federal government and Congress to make changes, they have not gone to court. he said he anticipates that other states will join his lawsuit. Signed in 2002, the laws aim is to have all students in public schools proficient in reading and math by 2014.
The U.S. Department of Education criticized Connecticuts planned lawsuit, pointing to large achievement gaps between the states minority and white students as a reason Connecticut schools should be held accountable.
The basis for the states lawsuit appears to rest on a flawed cost study of the No Child Left Behind Act that creates inflated projections built upon questionable estimates and misallocation of costs, the statement said.
Also Tuesday, The Associated Press reported that Education Secretary Margaret Spellings plans to hange enforcement of the law, giving preferential treatment to states that prove theyre serious about raising achievement.
For example, the Education Department plans to give some states more freedom in how they test thousands of children with milder disabilities. But only states that show progress or a strong commitment to improve will be considered for that flexibility, administration officials told the AP on Tuesday.
The officials spoke on the condition of anonymity because the policies had not been formally announced. Spellings is expected to unveil the new enforcement approach and the special education policy on Thursday.
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