The state of Connecticut became the first state to challenge President Bush's 'No Child Left Behind' law which lawyers for the state described as an 'unfunded mandate.'
Many states may vote to join Connecticut's lawsuit or later file their own. The problem as the states see it is that the Bush education program requires expensive standardized testing and other programs that the government does not pay for. The state wants a federal judge to declare that state and local government money cannot be used to meet the law's goals.
'Our message today is give up the unfunded mandates, or give us the money,' said Connecticut's Attorney General Richard Blumenthal.
Education Secretary Margaret Spellings disagrees and has denied the Connecticut's repeated requests for increased flexibility.
'Unfortunately, this lawsuit sends the wrong message to students, educators and parents,' said Susan Aspey, a department spokeswoman. 'The funds have been provided for testing, but Connecticut apparently wants to keep those funds without using them as intended.'
Connecticut's Education Commissioner, Betty Sternberg, says that the state will comply with the law while the suit is pending. However, she expressed frustration with the law.
'I think that we're at the point where we can't do these discussions anymore on the phone or in the conference room,' said Sternberg. 'We really are at the point where they need to be worked out in a different venue, and that's in the court.'
Sternberg said that the federal government is giving the state $5.8 million this fiscal year to pay for the mandated tests but that the cost of administering the tests will be $41.6 million more than that when you include staffing, program development, standardized tests and other costs associated with implementing the law through 2008.
Connecticut's Republican Governor M. Jodi Rell has spent the last four months attempting to reach a negotiated settlement with the Bush administration on this issue.
'We in Connecticut do a lot of testing already, far more than most other states. Our taxpayers are sagging under the crushing costs of local education. What we don't need is a new laundry list of things to do — with no new money to do them,' Rell said.
Connecticut already issues statewide tests in grades four, six and eight. Under the Bush administration's program, they would also have to give federally mandated tests in grades three, five and seven this school year.
Connecticut expects other states to support it but is determined to proceed regardless.
'If there's a bully on the playground, it often takes one brave soul to step forward and stand up to the bully,' said Representative Andrew Fleischmann, a West Hartford Democrat and co-chairman of the legislature's Education Committee told the Associated Press.
It remains to be seen if Connecticut can get this particular bully off of its back.