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Civil Rights Groups Back NCLB in 6th Circuit Brief

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My colleague David Hoff reports here in his NCLB: Act II blog that a coalition of civil rights groups has filed a friend-of-the-court brief urging a federal appeals court to reconsider its ruling that revived a major challenge to the No Child Left Behind Act as an unfunded federal mandate.

The groups are joining the side of U.S. Secretary of Education Margaret Spellings, who earlier this month asked the full U.S. Court of Appeals for the 6th Circuit, in Cincinnati, to reconsider a ruling by a three-judge panel of the court in Pontiac School District v. Spellings. The court ruled that the states were not on clear notice of their potential financial obligations when they agreed to accept federal funding under the No Child Left Behind law.

See my last blog item on the case here, and last Education Week story here.

The brief was officially filed by the Connecticut Conference of the NAACP and three students from that state, but it also has the backing of the NAACP's national office, the Lawyers' Committee for Civil Rights, and Washington civil rights lawyer William L. Taylor.

Those groups have intervened to help defend the NCLB law in a federal challenge brought by the state of Connecticut, which Ed Week reported on here.

The civil rights groups' 6th Circuit brief (available for download here) argues that that panel's decision "invites states that elect to receive federal funding [under NCLB] to use 'ambiguous' statutory language as a means of reneging on their obligations, at the expense of low-income and minority children."

The plaintiffs in the case, which are several school districts and state teachers' union affiliates backed by the National Education Association, had not been asked to respond to Secretary Spellings' request for rehearing as of last week.

It is up to the discretion of the 6th Circuit court whether the full court will give "en banc" reconsideration to the closely watched NCLB case. And, strictly speaking, it is up to that court's discretion as to whether it will accept friend-of-the-court briefs from the civil rights groups or anyone else.

A decision from the full court on whether it will grant reconsidertion is probably still at least a few weeks away.

1 Comment

I have evidence in the form of government documents that show :

Police, prosecutorial, and judicial misconduct in violating constitutional and civil rights are
coordinated between local, state, and federal agencies in criminal as well as civil proceedings.
Arrest and detention without probable cause, unconstitutional and repeated searches. Jailed on
charges procerred by perjured testimony.....testimony collectively known to be false prior to arrest.
Jailed 5 months based on discovery NONE OF WHICH WAS IN AFFIDAVIT FORM. I have proof of
my pro se Federal Appellate and US Supreme Court filings but the clerks' offices did not file those
cases yet mailed bogus decisions to me. In complete isolation, who could I complain to?
Even if those cases were properly adjudicated, there was blatent abuse of discretion by judges.
Years of certified mailings to Presidents and Department of Justice produced no investigations.
Letters signed by Richard Lugar and Dan Coats cannot be trusted as authentic. Steven Hatfills'
experience with the government was a picnic compared to what they are doing to me.

And, as a result of the aforementioned violations, a totality of circumstances show malicious
and vindictive intervention into every aspect of my life. The goverment has relentlessly manipulated
my life socially, physically and mentally in a manner similar to Steven Hatfill ( anthrax investigation )
only worse and over a longer period of time. The government has destroyed my relationships
between family and friends, and has prevented the media from publicizing their wrongs. The
government has even stolen and manipulated my certified mailings. I have been reduced to the
slave status of my African ancesters by this government. This government was even controlling
my criminal defense lawyer! He knew I was being falsely accused but did nothing but quit being my
lawyer when I questioned, among other things, why the Affidavit for Probable Cause was signed
by a prosecutor, Carol Orbison.....why there was no Judicial Officers' signature, and was not in
affidavit form! He KNEW the State was wrong.

In the following cases you will find the very worst official corruption.
State of Indiana v. Edwin L. Jones,Case No. 49 G069001CF007921, Edwin L. Jones v. Indianapolis
Police Department et al, US District Court Southern District of Indiana Cause No. Misc 90-134 IP,
Edwin L. Jones v. Indianapolis Police Dept.et al Cause No. 91-1594, 7th Circuit Federal Appleate Court
of Appeals, Edwin L. Jones v. Indianapolis Police Dept et al, Cause No. 91-7923 , US Supreme Court,
Request for Investigation filed with the Indiana Supreme Court Disciplinary Commission filed 9-18-92,
against Ali Talib.

I am looking for honest, bold representation to take on the goverment. I want compensation and them
out of my life.

[email protected]

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