Commercial Litigation and Arbitration

Federal Jurisdiction — Private Right of Action

The No Child Left Behind Act does not create a private right of action, at least not for an entity that provides tutoring and other supplemental educational services. ‛There is no language in the statutory provisions … that demonstrates Congress’s intent to ‘unambiguously confer[]’ on the plaintiff an ‘individual entitlement.’“ Alliance for Children, Inc. v. City of Detroit Public Schools, 2007 U.S. Dist. LEXIS 15136 (E.D. Mich. Feb. 15, 2007).

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