With the President re-elected and the Senate and the House still firmly in Republican hands, it seems unlikely that No Child Left Behind will be subjected to substantial revision through legislation, as many opponents and critics (and some friends and admirers) had hoped. So send in the lawyers! Observers now expect a flood of legal challenges to NCLB, organized and funded by teachers' unions and cheered on by interest groups such as the National Conference of State Legislatures. California's Coachella Valley Unified school district may be the first to sue, on grounds that English language learners are being held to unreasonable expectations. Expect similar suits from states alleging that NCLB is an under-funded mandate. So, after an election in which education was basically a non-issue, stay tuned for heavy action on the education front in the coming months.
"Educators predict lawsuits challenging No Child Left Behind," by Andrea Almond, Associated Press, November 3, 2004
"Education law due to draw lawsuits," by Andrea Almond, Associated Press, October 31, 2004