Maine weighs joining federal No Child suit

AUGUSTA – Declaring that continual budget cuts from Washington must stop, Gov. John E. Baldacci on Tuesday urged the state Attorney General’s Office to pursue legal action against the Bush administration over the No Child Left Behind law, an edict that imposes additional education costs on the state not covered by the federal government.

“We really do have to fight back and let them know that we’re not going to take it anymore,” Baldacci said.

As a result, the governor and state Education Commissioner Susan Gendron will recommend that Maine join the National Education Association and school districts from several other states that have filed suit against the Bush administration in the U.S. District Court for eastern Michigan.

The governor said Maine Attorney General Steven Rowe was researching the major points of the state’s complaints with the No Child Left Behind law – a policy Baldacci said could affect local assessments in Maine by nearly $100 million and cost an additional $11 million at the state level over a six-year period.

“This is another example of federal government walking away from its responsibilities,” Baldacci said.

The Associated Press reported last week that the stage is set for a highly charged confrontation between several states and the administration over what has been perceived as President Bush’s signature education policy. The outcome would apply directly to the districts in the case, but it could affect how the law is enforced in schools across the country.

In addition to the NEA, the other plaintiffs are nine school districts in Michigan, Vermont and Bush’s home state of Texas, plus 10 NEA chapters in those states and Connecticut, Illinois, Indiana, New Hampshire, Ohio, Pennsylvania and Utah. The NEA is paying for the lawsuit.

Bush is facing battles on other fronts, too. The Republican-led Utah Legislature voted Tuesday to put its educational goals ahead of the federal law despite the possible loss of $76 million, Connecticut is planning its own lawsuit, and other states are balking over money.

The law is widely considered the most significant federal education act in decades. It puts particular emphasis on ensuring that schools give attention to minorities and poor children who have long fallen behind on achievement.

Speaking to The Associated Press, Dennis Pollard, an attorney representing schools in Pontiac, Mich., said the lawsuit was strictly about funding.

“There is no intent to frustrate the purpose of No Child Left Behind,” he said.

The lawsuit is built upon one paragraph in the law that says no state or school district can be forced to spend its money on expenses the federal government has not covered.

“What it means is just what it says – that you don’t have to do anything this law requires unless you receive federal funds to do it,” said NEA general counsel Bob Chanin. “We want the Department of Education to simply do what Congress told it to do. There’s a promise in that law, it’s unambiguous, and it’s not being complied with.”

White House spokeswoman Dana Perino said Bush has overseen “historic levels of funding” and a commitment to holding schools to high standards. States are making strong achievement gains under the law, and U.S. Secretary of Education Margaret Spellings has made it clear she will help state leaders as long as they are making proven progress under the law, Perino said.

Baldacci said Maine is already coping with other unfunded federal mandates including $70 million annually in special education costs and, just recently, a $4 million cutback in federal funding for state drug enforcement programs and judicial salaries.

“This is at a time when drug abuse and drug crimes are increasing, so they just can’t walk away from these responsibilities,” he said.