Attorney General Richard Blumenthal today, in an appeal filed with the 2nd U.S. Circuit Court of Appeals, is seeking to uphold a provision of the No Child Left Behind (NCLB) Act that bars the federal government from imposing unreimbursed costs on towns and cities.
The appeal seeks to recover hundreds of millions of dollars that Connecticut towns and cities are being forced to spend – illegally, without federal reimbursement – in order to comply with NCLB.
Blumenthal is appealing from the U.S. District Court, which declined to rule on the actual merits of his case. Blumenthal has asked the court to uphold that the Unfunded Mandates Provision under NCLB means what it says it means:
(a) General Prohibition. -- Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.
“Today we are taking the fight for Connecticut’s children to the Court of Appeals – and will continue the battle to the nation’s highest court, if necessary,” Blumenthal said. “The federal government has broken a profound promise – and the law. The language of the No Child Left Behind Act is plain and clear that the federal government cannot impose unreimbursed costs on states, towns and cities.
“My office will fight for every cent owed to Connecticut children. I am hopeful that the Bush Administration, now on borrowed time, will do the right thing – follow the law and eliminate the need for this court battle. The U.S. Department of Education has reneged in its responsibility to Connecticut students, failing to provide full federal funding to schools.”
