| FOR RELEASE: February 1, 2008 |
Contact: Chad Colby (202) 401-1576 |
Statement by Secretary Spellings on the Pontiac (MI) School District et al. v. U.S. Department of Education case:
I am pleased to announce today that the Solicitor General has authorized the filing of a petition for rehearing en banc in the case Pontiac (MI) School District et al. v. U.S. Department of Education. The petition will be filed shortly.
As you know, on January 7, 2008, the Sixth Circuit Court of Appeals, by a 2-1 decision, ruled against the Department in a case brought by several school districts and NEA affiliates alleging the No Child Left Behind Act (NCLB) is an "unfunded mandate."
As I mentioned a few weeks ago, I strongly disagree with the ruling, and believe that if the decision were to stand, it could undermine efforts to improve the education of our nation's children, in particular those students most in need.
NCLB is not an unfunded mandate. It is a voluntary compact between the States and the Federal government, which asks that in exchange for Federal tax dollars, results be demonstrated. This investment is netting solid results and creating an opportunity for every child in America to have access to a quality education.
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