Sch. Dist. of the City of Pontiac v. Sec'y of the U.S. Dep't of Educ., No. 05-2708

In plaintiffs-school districts' suit seeking a declaratory judgment that they need not comply with the No Child Left Behind Act's (NCLB) requirements where doing so would result in increased costs of compliance not covered by federal funds, district court's dismissal of the complaint for failure to state a claim upon which relief can be granted is affirmed as the circuit court split evenly 8-8 on whether to affirm or reverse the ruling below, which had found that plaintiffs must comply with the NCLB's requirements regardless of any federal-funding shortfall. 

Read Sch. Dist. of the City of Pontiac v. Sec'y of the U.S. Dep't of Educ., No. 05-2708

Argued: December 10, 2008

Decided and Filed: October 16, 2009

Judges

Opinion by Circuit Judge Cole

Counsel

For Appellant: Robert H. Chanin, Bredhoff & Kaiser, PLLC, Washington, DC.

 For Appellee:  Alisa B. Klein, United States Department of Justice, Washington, DC.