No Child Left Behind Fairness Act of 2004

No Child Left Behind Fairness Act of 2004 - Directs the Secretary of Education to require local educational agencies (LEAs) and State educational agencies (SEAs) to give schools and LEAs, respectively, an opportunity to request a review of a determination that they did not make adequate yearly progress (AYP) for the 2002-2003 school year.

Sets forth standards for such reviews, providing for consideration of subsequent regulations and guidance applicable to AYP determinations under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001.

Prohibits the Secretary, an SEA, or an LEA, with respect to subsequent determinations of whether a school is subject to school improvement, corrective action, or restructuring as a result of not making AYP, from taking into account a 2002-2003 non-AYP determination that was revised under this Act if the school received a final determination of AYP for such school year.