Federal

GAO: ‘No Child’ Law Is Not an ‘Unfunded Mandate’

By David J. Hoff — June 09, 2004 3 min read
  • Save to favorites
  • Print

Department of Education officials are lauding a federal report declaring that the No Child Left Behind Act is not an “unfunded mandate.”

“Unfunded Mandates: Analysis of Reform Act Coverage,” is available from the General Accounting Office. (Requires Adobe’s Acrobat Reader.)

But the report from the General Accounting Office, the investigative arm of Congress, isn’t the definitive answer in the debate over the true costs for states and districts to carry out the federal school improvement law, state officials say.

The GAO report “confirms something that we have said all along: No Child Left Behind is not an unfunded mandate,” Ronald J. Tomalis, a counselor to Secretary of Education Rod Paige, said in a conference call with reporters late last month. “It has put a nail in the coffin of that canard.”

State leaders say the report analyzes the act under a narrow and technical federal definition of an unfunded mandate and doesn’t take into account future costs of the 2½-year-old measure.

“Nobody can say whether it is an unfunded mandate,” said Patricia F. Sullivan, the deputy director of advocacy and strategic alliances for the Council of Chief State School Officers. “It’s too soon, and the expensive part hasn’t come yet.”

Sen. George V. Voinovich, R-Ohio, asked that the GAO examine several recent major federal enactments in light of the Unfunded Mandates Reform Act. That 1995 statute establishes procedural barriers to federal bills and proposed regulations if congressional researchers determine that they would cost state and local governments more than the amount Congress appropriates for them.

In a relatively brief discussion in its 97-page analysis of the unfunded-mandates act’s impact, the GAO says that the No Child Left Behind Act is not an unfunded mandate because states and districts participate as a condition of receiving federal aid, and that by definition, under the Unfunded Mandates Reform Act, such programs are not considered to fit that label.

But the report also notes that the education law and other measures “appeared to have potential financial impacts,” even if they didn’t fit the 1995 law’s definition of an unfunded mandate.

The Education Department seized on the May 25 report as something that would put an end to the debate over whether the school law was an unfunded mandate.

“The chorus of the ‘unfunded mandate’ has now been exposed for exactly what it is—a red herring,” Mr. Paige said in a statement late last month. “If states do not want federal support, they are not required to take the funds. It’s that simple.”

Also, increased federal funding to implement the law is enough to cover the expenses of complying with the No Child Left Behind Act, said Susan Aspey, a spokeswoman for the department.

Federal spending on K-12 education has increased by 37.5 percent since the 2000-01 school year, according to the Education Department. But even those increases haven’t covered the new requirements facing schools, according to at least one advocate for the states.

In the past, federal programs under the Elementary and Secondary Education Act, which the No Child Left Behind Act reauthorized, had “very few rules or strings attached,” said David L. Shreve, the education committee director of the National Conference of State Legislatures. “What has happened is the rules have changed, and it has a lot more strings.”

Big Dollars?

The debate over the costs of the federal law was especially intense in recent state legislative sessions. Virginia’s Republican-led legislature passed a resolution declaring that the law would cost the state “literally millions of dollars that Virginia does not have.” (“Debate Grows on True Costs of School Law,” Feb. 4, 2004.) In Utah and other states, lawmakers considered opting out of the No Child Left Behind law because of the belief that compliance would cost too much. None of the bills passed, usually because the states decided that federal funding covers their costs.

But Ms. Sullivan and other state advocates said the ambitious school law’s final tab is still unknown.When all of the law’s requirements kick in, states will have a better idea of whether the federal government is covering all the associated costs, she said.

“We just don’t know what it’s going to cost to restructure hundreds of schools,” she said, “and to make sure all teachers are highly qualified.”

Related Tags:

A version of this article appeared in the June 09, 2004 edition of Education Week as GAO: ‘No Child’ Law Is Not an ‘Unfunded Mandate’

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Inside PLCs: Proven Strategies from K-12 Leaders
Join an expert panel to explore strategies for building collaborative PLCs, overcoming common challenges, and using data effectively.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Making Science Stick: The Engaging Power of Hands-On Learning
How can you make science class the highlight of your students’ day while
achieving learning outcomes? Find out in this session.
Content provided by LEGO Education
Teaching Profession Key Insights to Elevate and Inspire Today’s Teachers
Join this free half day virtual event to energize your teaching and cultivate a positive learning experience for students.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Trump’s 4th Week: Musk’s Team Pushes Ed. Dept. Cuts as McMahon Faces Senators
Linda McMahon appeared before U.S. senators, answering for an already turbulent time at the Education Department before she's taken charge.
6 min read
A shouting protester is removed from the hearing room as Linda McMahon, President Donald Trump’s nominee to be Secretary of Education, testifies during her Senate Health, Education, Labor, and Pensions Committee confirmation hearing, at the U.S. Capitol, in Washington, on Feb. 13, 2025. A shouting protester is removed from the hearing room as Linda McMahon, President Donald Trump’s nominee to be Secretary of Education, testifies during her Senate Health, Education, Labor, and Pensions Committee confirmation hearing, at the U.S. Capitol, in Washington, D.C., on Thursday, February 13, 2025. (Graeme Sloan for Education Week)
A shouting protester is removed from the hearing room as Linda McMahon, President Donald Trump’s nominee to be Secretary of Education, testifies during her confirmation hearing before the Senate Health, Education, Labor, and Pensions Committee at the U.S. Capitol in Washington on Feb. 13, 2025.
Graeme Sloan for Education Week
Federal Trump Picks Long-Serving State Chief With Bipartisan Fans for Top Ed. Dept. Role
Trump nominated North Dakota State Superintendent Kirsten Baesler to a key post overseeing K-12 policy at the U.S. Department of Education.
5 min read
North Dakota Superintendent of Public Instruction Kirsten Baesler announces the gathering of a task force to look into future options the state has for the assessment of students during a press conference May 8, 2015, at the state Capitol in Bismarck, N.D.
North Dakota Superintendent of Public Instruction Kirsten Baesler announces the gathering of a task force to look into future options the state has for the assessment of students during a press conference May 8, 2015, at the state Capitol in Bismarck, N.D. President Donald Trump has tapped Baesler to serve as assistant secretary of elementary and secondary education.
Mike McCleary/The Bismarck Tribune via AP
Federal Opinion Education Research Is in the Trump Administration's Cross Hairs
DOGE took a "chainsaw" to the Ed. Dept's grant programs. Morgan Polikoff has four suggestions for his research colleagues.
5 min read
Conceptual illustration of classroom conversations and fragmented education elements coming together to form a cohesive picture of a book of classroom knowledge.
Sonia Pulido for Education Week
Federal Vaccine Skeptic Robert F. Kennedy Jr. Is Sworn in as Trump’s Health Chief
Kennedy, who has called for public health agencies to focus on chronic diseases, was sworn in after a close Senate vote.
3 min read
Supreme Court Associate Justice Neil Gorsuch swears in Robert F. Kennedy Jr. as Health and Human Services Secretary as Kennedy's wife Cheryl Hines holds the Bible in the Oval Office at the White House, Thursday, Feb. 13, 2025, in Washington.
Supreme Court Associate Justice Neil Gorsuch swears in Robert F. Kennedy Jr. as Health and Human Services Secretary as Kennedy's wife Cheryl Hines holds the Bible in the Oval Office at the White House, Feb. 13, 2025, in Washington.
Alex Brandon/AP