The Second Circuit Court of Appeals has affirmed the dismissal of the State of Connecticut’s lawsuit concerning the NCLB statute. The State filed the lawsuit, claiming in essence that the “unfunded mandates” provisions of the NCLB statute prohibit the United States Secretary of Education from requiring states to spend state funds in carrying out the obligations of NCLB. The Second Circuit affirmed the District Court’s ruling that the State’s unfunded mandates claims were not yet “ripe for review,” finding that those claims should be addressed directly by the Secretary of Education prior to any consideration by a court. For the full text of the Second Circuit’s opinion, click here.
