October 1, 2006

Ruling on Federal 'No Child' Lawsuit

The Hartford Courant reported last week on the federal court dismissal of three of the state's four claims about Margaret Spellings's denial of waivers for the testing in Connecticut. A reader might find the title—State's 'No Child' Lawsuit Still Alive—a little odd, but the headline is accurate. Technically, the judge said that courts couldn't rule on the legality of a DoE action until the DoE actually ruled that Connecticut was violating the law and then reduced Title I funding to the state. 

State A.G. Richard Blumenthal said he'll appeal, and that's one of two ways that the 3 dismissed counts can be reinstated.  The other would be for the feds to dun the state some money, which could moot the judge's concerns about ruling prematurely.

I suspect Blumenthal's appeal won't be successful (just gut instinct, no legal analysis), and Spellings won't give Blumenthal a chance to get the more substantive path in to court by reducing Connecticut's funds. Ironically, the legal incentive right now is for Spellings to give Connecticut a free pass by ignoring whatever the state does.

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Posted in Education policy on October 1, 2006 11:02 PM |