Legislative Action Team Advisory

Tuesday, April 29, 2008

Decision on Connecticut NCLB lawsuit

Judge Kravitz's April 28th , 2008 decision on the administrative appeal aspects of Connecticut's NCLB suit is linked here: C:\Documents and Settings\mbell\Desktop\NCLB DECISION on summary judgment 4-28-2008 (3).htm
The decision finds that the Secretary’s decisions denying Connecticut’s requests to test ELL students after three years and to test students with disabilities at their instructional rather than grade level, per their IEP, are consistent with the statute and regulations and thus not arbitrary and capricious.
The ruling finds that Connecticut waived any claim with regard to a hearing on those requests and that it never presented to the Secretary (and so could not have decided in court) a claim under the Unfunded Mandates provision with regard to those requests.


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