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BD. OF ED. OF OTTAWA TP. HIGH SCHOOL v. SPELLINGS

No. 07-2008.

517 F.3d 922 (2008)

BOARD OF EDUCATION OF OTTAWA TOWNSHIP HIGH SCHOOL DISTRICT 140, et al., Plaintiffs-Appellants, v. Margaret SPELLINGS, Secretary of Education, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 11, 2008.

Attorney(s) appearing for the Case

John M. Izzo (argued), William F. Gleason, Hauser, Izzo, Detella & Petrarca, Flossmoor, IL, for Plaintiffs-Appellants.

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.

Before EASTERBROOK, Chief Judge, and FLAUM and EVANS, Circuit Judges.

EASTERBROOK, Chief Judge.

Two school districts and some parents believe that the No Child Left Behind Act, 20 U.S.C. §§ 6301-6578, conflicts with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1401-82. They asked the district court for a declaratory judgment that the former's requirements must yield to the latter's. The judge declined to reach the merits, however, ruling instead that the plaintiffs lack standing because both statutes...

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