The no child left behind act: Will it produce a new breed of school financing litigation?

Motivated by the admirable goal of ensuring that all children attain a baseline of educational proficiency, the No Child Left Behind Act ("NCLB") recognizes and specifically addresses the achievement gap between minority and non-minority students. NCLB mandates that all subgroups of students, including racial subgroups, must attain "adequate yearly progress" and provides for a series of sanctions and corrective actions if schools do not meet this requirement. This Note posits that the immense pressure and difficulty in meeting NCLBs requirements, particularly those specific to racial subgroups, exacerbated by fiscal crisis, may tempt states and school districts to direct funds or services toward those minority students who have not attained basic levels of academic proficiency. This Note analyzes whether such race-conscious reforms violate the Equal Protection Clause as currently understood by the Supreme Court and the statutory mandates of Title VI and Section 1983, thereby potentially sparking a new wave of school financing litigation.