In the United States of America, access to educational opportunity is widely viewed as a fundamental human right. The author explores the origins, content, and intended function of the controversial No Child Left Behind Act of 2001 (PL 107-110) which was enacted by the Congress of the United States of America in the hope of closing the achievement gap, and providing disenfranchised groups the opportunity for successful educational attainment. The author examines PL 107-110, operationalised, and its actual impact upon the populations that this public law was crafted to serve, and begs the question; Is this law a support or threat to true education as a fundamental human right? (Contains 1 table and 2 figures.)