The National Education Association has lost a legal battle to have the federal No Child Left Behind Act of 2001 (NCLB) declared an unfunded mandate.
On June 7, 2010 the US Supreme Court refused to hear the union’s appeal of a lower court ruling on the case, which found NCLB was not an unfunded mandate.
Education Week has the details (subscription).
Of special interest is the fact that US Solicitor General Elena Kagan wrote a position paper for the federal government urging the court not to hear the appeal. Ms. Kagan is now a nominee to the US Supreme Court, but little is known about her positions on various issues.