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
Classroom Technology Webinar
Better Tools, Not More: What Educators Say About Teaching and Technology
Optimism is up. AI use is rising. Coherence is the next challenge. Hear what the 2026 Educator Confidence Report reveals about the field.
Content provided by HMH
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
Student Achievement Webinar
The Relationship Advantage for Attendance, Engagement, and Achievement
Relationship-building goes beyond back-to-school. Get practical ideas from district leaders and educators to strengthen student connections.
School & District Management Webinar EdMarketer Quick Hit: Build Campaigns That Engage K-12 Leaders
We’ll share what’s resonating with Education Week’s K-12 audience based on user behavior across platforms and other proprietary data.

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 Q&A A Top Democrat Breaks Down His Party's Plans for K-12 in a House Majority
If Democrats retake the House, Rep. Bobby Scott may be in a position to set his chamber’s K-12 agenda.
5 min read
Rep. Bobby Scott, D-Va., speaks during a prayer vigil held by the Chesapeake Coalition of Black Pastors at The Mount (Mount Lebanon Baptist Church) in Chesapeake, Va., Sunday, Nov. 27, 2022, for the six people killed at a Walmart in Chesapeake, Va., when a manager opened fire with a handgun before an employee meeting Tuesday night.
Rep. Bobby Scott, D-Va., speaks during a prayer vigil in Chesapeake, Va., on Nov. 27, 2022. Scott is the ranking Democrat on the U.S. House of Representatives' education committee and will seek the panel's chairmanship if Democrats win a House majority in next month's elections.
Carolyn Kaster/AP
Federal What a Democratic Congress Could Mean for Trump's K-12 Agenda
They may try to reverse—or at least investigate—the Trump admin.'s efforts to dismantle the Ed. Dept.
9 min read
House Minority Leader Hakeem Jeffries, D-N.Y., the top Democrat in the Republican-majority House, is joined by Rep. Pete Aguilar, D-Calif., chair of the House Democratic Caucus, as they criticize President Donald Trump and his policies while talking to reporters about the approaching midterm election, at the Capitol in Washington, Thursday, Sept. 17, 2026.
House Democratic Leader Hakeem Jeffries speaks at the U.S. Capitol on Sept. 17, 2026. He's joined by Rep. Pete Aguilar, D-Calif., who chairs the House Democratic Caucus. If Democrats gain a majority of either chamber of Congress after next month's elections, they'll be able to hold oversight hearings on and launch investigations into the dismantling of the U.S. Department of Education.
J. Scott Applewhite/AP
Federal The Future of Education Research: More Partisan and Largely Left to States?
As Trump administration works to change federal grants, outside researchers try to regroup.
6 min read
Image of file folders with tabs called "funding" "grants" "projects" and a blank note paper paperclipped to the outside.
Collage by Laura Baker/Education Week + Getty
Federal Bipartisan Bill in Congress Would Help Schools Put Cellphone Bans or Restrictions in Place
The bill would establish a federal grant program to support state efforts to restrict cellphones.
5 min read
Sen. Tom Cotton, R-Ark., the chairman of the Senate Intelligence Committee, center, is joined from left by Sen. John Barrasso, R-Wyo., the GOP whip, and Senate Majority Leader John Thune, R-S.D., as he speaks to reporters ahead of a Wednesday meeting with President Donald Trump, at the Capitol in Washington, Tuesday, June 23, 2026. (AP Photo/J. Scott Applewhite) Senate Minority Leader Chuck Schumer, D-N.Y., speaks to reporters at the Capitol in Washington, Tuesday, June 23, 2026.
Sen. Tom Cotton, R-Ark., speaks to reporters ahead of a meeting with President Donald Trump at the Capitol in Washington on June 23, 2026. Cotton is one of the sponsors of a bipartisan bill that would create a grant program for states to implement school cellphone bans or restrictions.
J. Scott Applewhite/AP