CAT Tracks for August 3, 2003

CAT Tracks for August 3, 2003

NEA SUES U.S. DEPARTMENT OF EDUCATION

NEA Seeks Release of Education Department Documents

FOR IMMEDIATE RELEASE
July 31, 2003

News Release

Washington, D.C. - Faced with stonewalling by the U.S. Department of Education to its request for government documents that deal with certain provisions of the federal education law, the National Education Association (NEA) went to court today to force the department to comply with federal law.

The complaint notes that NEA filed a Freedom of Information Act (FOIA) request April 10 with the Department of Education asking for all written material that details why the department retreated from its previous interpretation of a provision of the reauthorized Elementary and Secondary Education Act (ESEA), also known as the "No Child Left Behind" Act. The provision [Section 1116(d)] ensures that ESEA mandates regarding school improvement and corrective action cannot override the rights of school employees under federal, state, or local laws or collective bargaining agreements.

By law, the Department of Education was required to deliver these documents to NEA by May 8, or else explain why it could not comply. The department missed the statutory deadline, and despite repeated attempts by NEA to obtain the documents, and multiple promises by the department that it would cooperate, the documents have yet to be released.

"This was a very simple request, and the law is absolutely clear that the Department of Education must respond," said NEA President Reg Weaver. "At a time when there are so many crucial education issues to discuss and debate, we would have preferred not to file a lawsuit, but millions of teachers and other school employees deserve to know why the Department has suddenly changed its mind and decided to silence their voices.

"While everyone speaks about holding schools, teachers and students accountable, we also believe that the Department should be held responsible for meeting its legal obligations," added Weaver.

NEA filed the complaint today in the U.S. District Court for D.C. Attached is a chronology of the NEA's FOIA requests and efforts to acquire the documents from the Department of Education.

CHRONOLOGY OF NEA's FOIA REQUEST

April 10, 2003 - The National Education Association (NEA) makes a request under the federal Freedom of Information Act to the Education Department for documents related to the revision of the Elementary and Secondary Education Act, also known as "No Child Left Behind" (NCLB).

May 8, 2003 - The Education Department misses statutory deadline for responding to request.

June 6, 2003 - NEA sends a follow-up letter, noting missed deadline and reiterating request.

July 31, 2003 - NEA files suit, seeking a court order compelling the Education Department to respond to the request for NCLB documents.

- National Education Association, July 31, 2003

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The National Education Association is the nation’s largest professional employee organization, representing 2.7 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators, and students preparing to become teachers.

A follow-up story fron CNN...

NEA sues government for documents

Friday, August 1, 2003 Posted: 9:37 AM EDT (1337 GMT)

WASHINGTON (AP) -- The nation's largest teacher union sued the Education Department on Thursday, accusing the agency of stonewalling over a request for public information. The department said the material would be handed over by Friday.

The National Education Association wants documents detailing the department's interpretation of a section of the new federal education law. At issue is a provision dealing with the protection of school employees' rights.

"While everyone speaks about holding schools, teachers and students accountable, we also believe that the Department should be held responsible for meeting its legal obligations," said Reg Weaver, the union president.

A department spokesman, Daniel Langan, said the agency would provide the NEA with the documents by Friday. "It's been in the pipeline, obviously, for some time," Langan said. "Our attorneys were close to finalizing it before the NEA's news release went out."

The teachers' group says it filed a Freedom of Information Act request on April 10, and that education officials failed to respond by the legal deadline or offer a reason why they could not. The union's suit seeks to force the department to hand over the requested papers.

NEA officials said they will decide whether to carry on with the suit once they evaluate the documents the department provides.