Newark Parents Assn. v. Newark Public Schools - 3d Circuit - November 20, 2008
http://www.ca3.uscourts.gov/opinarch/074002p.pdf
In a case of "first impression in the federal courts," the 3d Circuit affirmed a decision concluding that Congress did not confer on individuals an enforceable right of action under the No Child Left Behind Act (“NCLBA” or the “Act”), 20 U.S.C. § 6301 et seq., and 42 U.S.C. § 1983.
The court dismissed an action by parents against the school system, alleging that because the Newark public school system failed to live up to its obligations under certain provisions of the Act, appellants are entitled to privately enforce those provisions.
