Connecticut branch of the NAACP becomes party in state's suit over NCLB
The Connecticut branch of the NAACP has received permission to become a party in the state's lawsuit against the federal government over the No Child Left Behind (NCLB) education law. U.S. District Court Judge Mark R. Kravitz on Thursday granted the group's request to intervene in the suit on the side of the federal Department of Education (ED). The NAACP has argued that the state is pursuing the lawsuit with money that could be used for other purposes. The organization also says it worries that voiding the law could set a precedent to allow circumventing of many civil rights statutes. "We sought a seat at the table and now we have one," says Scott X. Esdaile, the group’s president. "The court recognizes what's at stake for our children and families, and that their education and future hinges on the outcome of this case." Connecticut became the first state to try to block NCLB when Attorney General Richard Blumenthal filed the lawsuit in August 2005. The suit asks the court declare that state and local funds cannot be used to meet the goals of the law. Officials have estimated the state will experience a $41.6 million shortfall through 2008 to pay for added testing and other provisions the law requires. Although the NAACP opposes the state’s stance, state officials did not object to the NAACP’s request. Mr. Blumenthal says that although the state and NAACP are technically on opposite sides of the case, they share the desire for better student achievement, equal access to high-quality schools and other education improvements. "In fact, we welcome their involvement in the case because they bring a unique and profoundly important perspective to the discussions," he says. In September the court dismissed three of Connecticut’s four claims, but left the door open for the state to argue that ED unfairly denied its proposed amendments to testing rules. Mr. Blumenthal said that claim is the crux of the lawsuit, although the state is appealing the dismissal of the other three counts.
Newsday
By Stephanie Reitz (Associated Press)
[Full story]
[Editor’s Note: The court’s order is below. Although the court had denied NAACP’s previous motion to intervene, it encouraged the organization to file anew after determining the jurisdictional issues in its September ruling, summarized at the second link.]
[Court order]
[NSBA’s School Law pages on Connecticut v. Spellings]