Conn. Challenges 'No Child' Law

Lawsuit Claims Bush Education Act Is Unfunded Federal Mandate

(AP)  Connecticut became the first state to file suit against the federal government over the No Child Left Behind Act, claiming the Bush administration has not provided enough money to pay for new testing and programs.

The lawsuit, filed Monday in U.S. District Court in Hartford against federal Education Secretary Margaret Spellings, asks a judge to declare that state and local funds cannot be used to meet the goals of the law.

"We in Connecticut do a lot of testing already, far more than most other states. Our taxpayers are sagging under the crushing costs of local education," said Republican Gov. M. Jodi Rell. "What we don't need is a new laundry list of things to do — with no new money to do them."

The lawsuit raises the stakes in a fight between states and the Bush administration over the law, and experts say legislatures across the country will be watching the case carefully. Experts expect that states could vote to join the lawsuit or file their own.

The suit's chief claim focuses on a clause in the 2001 law that says states and districts will not have to spend their own money to meet its requirements. Connecticut also has a state statute that prohibits using state resources to implement the law.

The federal government is providing Connecticut with $5.8 million this fiscal year to pay for the testing, Connecticut Education Commissioner Betty Sternberg said.

However, she estimates federal funds will fall $41.6 million short of paying for staffing, program development, standardized tests and other costs associated with implementing the law through 2008.

"Our message today is give up the unfunded mandates, or give us the money," said state Attorney General Richard Blumenthal.

Connecticut tests students in grades four, six and eight. Under No Child Left Behind, the state is required starting this school to testing children in grades three, five and seven as well.

State education officials say they already know minority and poor children don't perform as well as their wealthy, white peers, and additional tests aren't going to tell them more.