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The No Child Left Behind Act of 2001 is the most pervasive federal education policy to date, changing the role of the federal government from one of the “silent investor” to one that oversees the implementation of and results from accountability measures. Two court cases have challenged the federal government’s use of funding to mandate states to follow specific testing criteria. The courts have ruled that the government is within its rights to require specific accountability for federal money received. In doing so, the scope of federal educational control has been established as far reaching. These cases are outlined, and specific implications for testing procedures, special education students, and limited English proficiency students are discussed.

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