DOE asks court to dismiss NEA suit.

The federal government is asking a U.S. District Court to dismiss a landmark case filed by the nation's largest teacher's union that seeks to force the federal DOE to pay for all the provisions in NCLB.

In a response to the suit, which was filed in April by the National Education Association, the U.S. DOE asserts the union has no standing to sue and the case lacks merit.

The NEA suit, filed in the U.S. District Court for Eastern Michigan, aims to free districts from the burden of complying with any part of NCLB that isn't paid for by federal funding.

The agency in its response contends districts that don't want to meet federal requirements shouldn't expect federal aid.

If the court doesn't dismiss the case, oral arguments will start in October.