United States Seventh Circuit
Bd. of Educ. of Ottawa Township v. Spellings, 07-2008
In a suit challenging that the No Child Left Behind Act conflicts with the Individuals with Disabilities Education Act, dismissal for lack of standing is changed to a dismissal for failure to state a claim where: 1) a condition on a grant can cause concrete injury that establishes a "case or controversy" even if the condition could have been avoided by turning down the grant money; 2) plaintiffs suffered a concrete injury; and 3) amendment of a statute does not make it a "new" law that supplants other statutes adopted between a statute's original enactment and its amendment, unless the change is incompatible with the intervening law, and none of the changes to IDEA was incompatible with NCLBA.
Appellate Information
- Argued 01/15/2008
- Decided 02/11/2008
- Published 02/11/2008
Judges
- EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and FLAUM and EVANS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- John M. Izzo (argued), William F. Gleason, Hauser, Izzo, Detella & Petrarca, Flossmoor, IL, for Plaintiffs-Appellants.
- For Appellees:
- Alisa B. Klein (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees Margaret Spelling and U.S. Dept. of Educ., Mary E. Welsh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendants-Appellees Illinois State Bd. of Educ., Randy J. Dunn and Christopher Koch.