Federal Court Rules That Parents Can’t Sue Under No Child Left Behind

Congress created the No Child Left Behind Act to regulate the activities of public school districts but not to give parents any specific power to enforce the obligations the law places on schools.  According to a Legal Intelligencer report at Law.com, that is the word from the United States Third Circuit Court of Appeals.

The Court yesterday upheld a decision by a lower court to throw out a proposed class action lawsuit brought by a group of parents against the Newark Public Schools in New Jersey.  The Court held that the Secretary of Education has the power to enforce the law but that the statute includes none of the language the Court would have expected to see if Congress wanted to give parents an individual right to enforce the law.

The decision can be found here.


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