AFC and the Asian American Legal Defense and Education Fund (AALDEF) filed a brief with the U.S. Supreme Court in Horne v. Flores, urging that the requirements in the Equal Education Opportunity Act (EEOA) continue to protect students who do not speak English and are not diminished by the No Child Left Behind Act (NCLB). The case, which claimed that inadequate funding for educational programming for English Language Learners (ELLs) in Arizona violated the EEOA, was appealed to the Supreme Court by Arizona legislators and the State Superintendent, who argued that districts cannot violate the EEOA if they meet the benchmarks for school achievement under NCLB. AFC’s brief explains why NCLB does not replace the EEOA’s requirements, detailing a number of examples where schools are not providing for the needs of ELLs but are still meeting NCLB benchmarks. Paul, Weiss, Rifkind, Wharton & Garrison LLP assisted AFC and AALDEF in drafting the brief.