The No Child Left Behind Act and “Unfunded Mandates”: A Legal Analysis of School District of the City of Pontiac v. Secretary of the United States Department of Education

Jody Feder
Legislative Attorney

In 2008, a panel of the Court of Appeals for the Sixth Circuit issued a decision in School District of the City of Pontiac v. Secretary of the United States Department of Education. In its decision, the court held that the No Child Left Behind (NCLB) Act failed to provide the required "clear notice" to states and school districts regarding the requirements they must fulfill as a condition of receiving federal funding. The case was subsequently reheard, but the en banc Sixth Circuit divided evenly, meaning that the judgment of the district court to dismiss the case was affirmed. This report discusses some of the practical and legal implications of the Sixth Circuit decisions.


Date of Report: April 8, 2010
Number of Pages: 9
Order Number: RS22839
Price: $29.95

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