Number: RS22839
Title: The No Child Left Behind Act and "Unfunded Mandates": A Legal Analysis of School District of the City of Pontiac v. Secretary of the United States Department of Education
Authors: Jody Feder, American Law Division 
Abstract: In January 2008, a panel of the Court of Appeals for the Sixth Circuit issued a decision in School District of the City of Pontiac v. Secretary of the United States Department of Education. In its decision, the court held that the No Child Left Behind (NCLB) Act failed to provide the required "clear notice" to states and school districts regarding the requirements they must fulfill as a condition of receiving federal funding. However, the full Sixth Circuit recently agreed to reconsider the case. This report discusses some of the implications of the Sixth Circuit's actions, including information regarding the potential practical effect, procedural ramifications, and legal impact of both the original ruling and the recent decision to rehear the case.
Pages: 6
Date: May 9, 2008