Lawmakers, of course, thrive on detail, notwithstanding the devil’s reputed place of residence. But as the stalemate in the previous Congress made clear, reauthorizing the Elementary and Secondary Education Act would require building bipartisan coalitions; after all, the present Congress was even more closely divided. Here the Bush administration’s shrewd brand of alliance politics enabled it to avoid a partisan showdown in the Senate’s education committee. Kress, the president’s point man on No Child Left Behind, was dealing mainly with Gregg, who clearly called the Republican shots. Meanwhile, he also cultivated the New Democrats, using those discussions to lure Kennedy to the table. While Kennedy had been left out of the Austin summit in December, the senior senator was a consummate dealmaker, expert in the issues and perturbed by the prospect of a major bill in his bailiwick moving forward without him. Bush and Kress began to woo him; Kennedy, for his part, “bought himself into the game” by agreeing that some form of program consolidation and block-grant flexibility, along with supplemental services portability, could be part of the Senate bill.
The act and NCLB say that the accommodations that it provides should be interpreted in concordance with federal civil rights laws. "As interpreted by the . Supreme Court, Congress, and federal civil rights officials, these provisions rely on terms like “affirmative steps” and “appropriate action” that give school districts the discretion to use a range of instructional approaches. As a result, under both Title VI and the EEOA, courts and federal enforcement agencies must decide on a case-by-case basis whether programs are in fact overcoming linguistic barriers to full participation."  The policy still remains highly debated at both the state and federal level.