WASHINGTON – A judge threw out a lawsuit Wednesday that sought to block the No Child Left Behind law, President Bush’s signature education policy. The National Education Association said it would appeal.
The NEA and school districts in three states had argued that schools should not have to comply with requirements that were not paid for by the federal government.
Chief U.S. District Judge Bernard Friedman, based in eastern Michigan, said, “Congress has appropriated significant funding” and has the power to require states to set educational standards in exchange for federal money.
The NEA had filed the suit along with districts in Michigan, Vermont and Texas. The plaintiffs had argued that the law is costing them more than they are receiving in federal funding.
The law requires states to revise academic standards and develop tests to measure students’ progress annually. If students fail to make progress, the law requires states to take action against school districts.