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.
Argued: December 10, 2008
Decided and Filed: October 16, 2009
Opinion by Circuit Judge Cole
For Appellant: Robert H. Chanin, Bredhoff & Kaiser, PLLC, Washington, DC.
For Appellee: Alisa B. Klein, United States Department of Justice, Washington, DC.