NSBA Legal Clips
Archived entries for unfunded mandate

State court judge rules that Missouri district’s transfer law is unconstitutional

As reported on EducationNews.org, a state court judge ruled that the Missouri law that would have allowed students to transfer out of schools in failing school districts violated the clause in the state Constitution that prohibited the legislature from forcing unfunded mandates onto local governments.

Continue reading...

Governor Cuomo the subject of intense lobbying over proposed changes to New York special education law

As reported on lohud.com, as Governor Andrew Cuomo of New York prepares to make a decision on a groundbreaking special education law change, which amends current state special education law and would require public schools to consider cultural influences like family environment when placing special needs children in programs.

Continue reading...

New Jersey not fully funding schools for reimbursements to implement anti-bullying legislation

As reported on pressofatlanticcity.com, New Jersey Department of Education data reveals school districts and charter schools requested almost $5 million in reimbursements for the cost of implementing the state’s new anti-bullying law in 2011-12. However, schools will receive only 20% of that because the state authorized only $1 million for the program, leaving the law open to another legal challenge as an unfunded state mandate.

Continue reading...

South Dakota Senate committee approves amended education reform measure

The Rapid City Journal reports that Gov. Dennis Daugaard’s education reform plan passed a key Senate committee after significant changes, overcoming growing opposition from the education community. The bill, HB1234, passed 5-2, but only after lawmakers approved major amendments.

Continue reading...

New Jersey government council rules state anti-bullying law is an unfunded madate

An obscure New Jersey state council has ruled that the state’s tough new anti-bullying law constitutes an unfunded mandate for local school districts and must be amended in order for the law to remain in effect, says an Associated Press (AP) report in the New Jersey Herald. The Council on Local Mandates ruled 7-2 that the law requires local school districts to provide training and personnel but doesn’t pay for them. The New Jersey School Boards Association (NJSBA) would like to help the state come up with a method that would provide “adequate financial support” for the law, which NJSBA described as “well-intentioned.”

Continue reading...

Second Circuit rejects Connecticut’s NCLB “unfunded mandates” suit

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has ruled that the State of Connecticut’s lawsuit claiming that the U.S. Department of Education (ED) is in violation of the No Child Left Behind Act (NCLB) provision that prohibits ED from imposing “unfunded mandates” on states in complying with NCLB’s accountability provisions is not ripe for decision. As a result, the panel affirmed the district court’s dismissal of the suit without reaching the merits of the case.

Continue reading...

U.S. Supreme Court declines to review NCLB unfunded mandates suit

The Associated Press reports that the U.S. Supreme Court has rejected a petition by Pontiac Public School District and teachers’ unions challenging the constitutionality of the No Child Left Behind Act (NCLB). The Court’s action leaves intact a decision by a federal district court judge to dismiss the suit against the U.S. Department of Education (ED).

Continue reading...

 



NSBA

Copyright © National School Boards Association. All rights reserved.
1680 Duke Street, Alexandria, VA 22314
Phone: (703) 838-6722 Fax: (703) 683-7590 E-mail: info@nsba.org

RSS Feed.