United States Third Circuit

In a putative class action by parents of students alleging that defendant-school district was failing to live up to its obligations under the No Child Left Behind Act (NCLBA), dismissal of claims is affirmed where the notice and supplemental-education-services provisions of NCLBA did not confer a private right of action upon aggrieved individuals.

Appellate Information

• Decided 11/20/2008
• Published 11/20/2008

Judges

• Before:  BARRY, AMBRO and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Scott M. Michelman, Esq., (Argued), American Civil Liberties Union, Santa Cruz, CA, Emily, B. Goldberg, Esq., Seton Hall Law School, Newark, NJ, for Appellants.


• For Appellees:
  
• Adam S. Herman, Esq., (Argued), Newark Public Schools, Office of General Counsel, Newark, NJ, for Appellees.