Conn. Challenges 'No Child' Law

Lawsuit Claims Bush Education Act Is Unfunded Federal Mandate

(AP) 
The federal government cites annual testing as a cornerstone of the law, and Spellings has repeatedly denied requests from the state for more flexibility.

"Unfortunately, this lawsuit sends the wrong message to students, educators and parents," said Susan Aspey, a spokeswoman for the U.S. Department of Education. "The funds have been provided for testing, but Connecticut apparently wants to keep those funds without using them as intended."

The state is not the first entity to sue in response to No Child Left Behind. The National Education Association, a national teacher's union, filed a lawsuit last spring on behalf of local districts and 10 state union chapters, including Connecticut.

"It is an interesting case," said Jack Jennings, president of the Washington-based Center on Education Policy. "It's interesting because a judge has to consider the fact that this is a state that's suing. It's not a school district. It's not a teacher's union. It's the state of Connecticut. So that adds a lot more gravity to the lawsuit."

In Utah, the state legislature passed a measure defying the federal law, and it was signed by Gov. Jon Huntsman on May 2. The law gives state educational standards priority over the requirements of No Child Left Behind.

Connecticut officials say they will go forward with or without the support of other states.

"If there's a bully on the playground, it often takes one brave soul to step forward and stand up to the bully," said state Rep. Andrew Fleischmann, a Democrat and co-chairman of the Legislature's Education Committee.