Posted on 07/31/2003 9:00:26 AM PDT by chance33_98
NEA Seeks Release of Education Department Documents
7/31/03 11:29:00 AM
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To: National Desk and Political Reporter
Contact: Daniel Kaufman, 202-822-7268, dkaufman@nea.org; Kathleen Lyons, 202-822-7213, klyons@nea.org; both of the National Education Association
WASHINGTON, July 31 /U.S. Newswire/ -- 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.
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The National Education Association is the nation's largest professional employee organization, representing more than 2.7 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators, and students preparing to become teachers.
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