Legal Opinion

School District v. Secretary of the United States Department of Education

Court of Appeals for the Sixth Circuit

Decided January 7, 2008No. 05-2708PublishedCited by 8 opinions

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…

2Cases cited22 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  5. DaimlerChrysler Corp. v. CunoSupreme Court of the United States · 2006

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3Cited by8 opinions

  1. School District of City of Pontiac v. Secretary of US Department of EducationCourt of Appeals for the Sixth Circuit · 2009
  2. BD. OF ED. OF OTTAWA TP. HIGH SCHOOL v. SpellingsCourt of Appeals for the Seventh Circuit · 2008
  3. Bd Educ Ottawa 140 v. EDUCCourt of Appeals for the Seventh Circuit · 2008
  4. Pontiac School Dist v. Sec'y US Dept EdCourt of Appeals for the Sixth Circuit · 2009
  5. School District of City of Pontiac v. Secretary of US Department of EducationCourt of Appeals for the Sixth Circuit · 2009

3 more not listed; retrieve them via the Exa API.

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