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Judge throws out lawsuit opposing 'No Child' policy

Associated Press
Published November 24, 2005

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 rules that were not paid for by the federal government.

Chief U.S. District Judge Bernard A. 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, a union of 2.7-million members and often a political adversary of the administration, had filed the suit along with districts in Michigan, Vermont and Texas, plus 10 NEA chapters in those states and Connecticut, Illinois, Indiana, New Hampshire, Ohio, Pennsylvania and Utah.

The school districts 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.

[Last modified November 24, 2005, 00:19:08]

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