Supreme Court nominee defended NCLB in recent case

U.S. Supreme Court nominee Elena Kagan, the U.S. solicitor general, doesn't have a long record in education law, but she recently submitted a brief in defense of No Child Left Behind as part of a case brought by teachers unions on the premise that NCLB is an unfunded federal mandate. Kagan -- whose mother was a public-school teacher and two brothers are social-studies teachers -- wrote, "The act expressly refrains from dictating funding levels, and instead grants states and [school districts] unprecedented flexibility to target federal dollars to meet state and local priorities."

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