Struggling to Mend It or End It: Legal and Legislative Issues in the Brief History of the No Child Left Behind Act of 2001

The federal No Child Left Behind Act of 2001 (NCLB) is a reorganization of the 1965 Elementary and Secondary Education Act (ESEA). This redesign of the 1965 Act has legal issues to deal with which we will examine. We also discuss NCLB as it relates to education autonomy of the states, local school districts, and individual students and parents. We review several lawsuits challenging the authority of the federal government to regulate local school districts through funding under NCLB. These legal challenges have led to modifications in NCLB in order to gain greater acceptance by the states and local schools. However, legal challenges continue in the courts and in state legislatures.