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That is a valid point, but to take court action requires standing, which it appears to belong only to the states (per the 10th amendment). Since the states now get up to half of their education funding from "free" federal transfer payments then they likely feel that the federal mandates that accompany that funding are a good deal, on balance, and thus will not sue.
I find it very very very hard to believe that not a single state out of fifty or not a single district out of the tens of thousands that exist would not have found an issue worth taking before the Court.