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Student Publications Homepage
ARTICLE CONTENTS
[Pages 667-704]
TOP OF ARTICLE
Introduction
I. Using the Courts to Enforce Equity in Education
A. The Limited Success of Constitutional Claims in
Achieving Educational Equity
B. The Failure of Educational Malpractice to Achieve Educational Equity
II. The No Child Left Behind Act of 2001
A. NCLB and Its Provisions
B. Legislative History and Public Perceptions of NCLB
C. The Future of NCLB
III. Theories for Enforcement of Benefits Conferred
by Public Programs
A. The Emergence of Private Right of Action Theory to
Enforce Federal Statutes
B. The Rise and Fall of � 1983 as a Tool for Enforcing Federal Statutes
C. The Evolution and Use of Third-Party Beneficiary Theory
IV. The Impact of No Child Left Behind on Educational Equity
A. Using No Child Left Behind to Strengthen Existing Causes of Action
B. Enforcing No Child Left Behind to Improve Education
1. Attempts to Enforce NCLB Under Implied Private Right of Action Theory Will Not Succeed
2. Attempts to Enforce NCLB Under � 1983 Will Not Succeed
3. Plaintiffs Should Seek to Enforce NCLB Under Third-Party Beneficiary Theory
a. Establishing the Existence of a Contract
b. Establishing Standing
c. Establishing Intent to Benefit a Particular Class
d. Drawing on Precedent
Conclusion
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