The state has not yet filed a response in court.
The state filed its plan with the department late last month.
It was further reported that the state filed an appeal in June 2008.
As a result, industry and several Western states have filed eight separate legal challenges.
At least eight states have also filed suit, challenging the authority of the law.
The states have filed their plans for boosting student achievement.
Alabama and 11 other states filed a brief urging the court to take the case.
Eighteen states also filed a brief on the state's behalf.
This time, the state filed a brief against its flagship university.
Florida and 17 other states filed a brief on behalf of Illinois to tell the court that the problem was common.