Judge throws out suit over 'No Child' law

HARTFORD, Conn., April 30 (UPI) -- Connecticut's challenge to the No Child Left Behind Law has been dismissed by a federal judge.

U.S. District Judge Mark Kravitz found no merit in claims that U.S. Education Secretary Margaret Spellings acted arbitrarily when she turned down a request to change testing procedures for children with limited English skills and special needs, The Hartford (Conn.) Courant reported. Kravitz also found no evidence that Spellings violated a provision in the law barring unfunded mandates.

The judge, who had dismissed other claims in the state lawsuit earlier, released his opinion Monday.

State Attorney General Richard Blumenthal said he plans to appeal the ruling.

"The federal government has grossly underfunded Connecticut's costs under the Act and has mindlessly refused to grant Connecticut waivers or plan amendments to allow it to continue fair testing methods for special-education students and new non-English-speaking students," Blumenthal said in a statement.