Is the NCLB against the law?

The report's section on "The Constitution and No Child Left Behind" could have been written by a moderate libertarian. It expresses dismay that "judicial interpretations of the Constitution in the latter half of the 20th century have significantly eroded state authority and frequently left states to the exigencies of federal politics," and claims the spending clause "has allowed the federal government to bypass the issues of constitutionality," before concluding that "The Task Force does not believe that NCLB is constitutional under the 10th Amendment, because there is no reference to public education in the U.S. Constitution."

Thanks to the Education Intelligence Agency.