School District v. Secretary of the United States Department of Education
Court of Appeals for the Sixth Circuit
1Opinion of the CourtCole, J., joined by Breen, D.J.,
McKEAGUE, J. (pp. 273-84), delivered a separate dissenting opinion.
OPINION
R. GUY COLE, JR., Circuit Judge.
This case requires us to decide a fundamental question of federal versus state funding under the No Child Left Behind Act of 2001 (“NCLB” or “the Act”), 20 U.S.C. §§ 6301-7941. Plaintiffs-Appellants are school districts and education associations that receive federal funding under NCLB in exchange for complying with the Act’s various educational requirements and accountability measures. Based on the so-called “Unfunded Mandates Provision,” which provides that “[njothing in this Act shall…
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