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What Happens Now in the NCLB Suit?

An appeals court has deadlocked over the "unfunded mandate" lawsuit, filed by several school districts and the National Education Association, against the No Child Left Behind law. That means a lower court's decision backing the feds will stand. Mark Walsh has the scoop over on the School Law Blog.

But for you Teacher-Beat-ers, the question is whether or not the NEA and related parties will seek to appeal this decision to the Supreme Court of the United States.

As a related aside, I do wonder about the future of the provision that caused all of this commotion. It was added to several education statutes in 1994 and incorporated into that year's rewriting of the Elementary and Secondary Education Act. Then in 2001, it was carried over into NCLB, which is the most recent iteration of the law.

Will Congress seek to rewrite, clarify, or delete this problematic section when action on the ESEA renewal gets going again?

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