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
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
Education Funding Webinar Congress Approved Next Year’s Federal School Funding. What’s Next?
Congress passed the budget, but uncertainty remains. Experts explain what districts should expect from federal education policy next.

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 Labor Secretary Leaves Cabinet After Abuse of Power Allegations
The department she led has been taking on day-to-day management of dozens of federal K-12 programs.
6 min read
Labor Secretary Lori Chavez-DeRemer speaks with a reporter at the White House, Friday, Sept. 5, 2025, in Washington.
Labor Secretary Lori Chavez-DeRemer speaks with a reporter at the White House, Friday, Sept. 5, 2025, in Washington. Chavez-DeRemer, whose department is in the process of taking over day-to-day management of dozens of federal education programs, resigned from her post on April 20, 2026, amid allegations that she abused her position's power.
Evan Vucci/AP
Federal Ed. Dept. Moves to Shutter Its Office for English Learners
Officials plan to move all federal English-learner programs and duties out of a standalone office.
6 min read
A photograph of a letter from the United States Department of Education dated February 13, 2026 stating that "This letter officially provides such notice of her proposal, including rationale, to redelegate OELA's programs and duties to other offices, thereby dissolving the need for a standalone OELA."
Gina Tomko/Education Week via Canva
Federal Trump Admin. Terminates Several Agreements to Protect Transgender Students
The Education Department terminated civil rights agreements under Title IX with five school districts and a college.
1 min read
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete in the boys 4x800 meter relay at the California high school track-and-field championships in Clovis, Calif., Saturday, May 31, 2025.
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete at the California high school track-and-field championships in Clovis, Calif., on May 31, 2025. The Trump administration said Monday it has terminated agreements previous administrations reached with five school districts and a college aimed to uphold rights and protections for transgender students.
Jae C. Hong/AP
Federal Moms for Liberty Wanted School Board Seats. They Got a Voice in the White House
Moms for Liberty is being embraced by the Trump administration and gaining new influence in national decisions.
6 min read
Tina Descovich poses for a portrait Monday, March 23, 2026, in Washington.
Tina Descovich poses for a portrait Monday, March 23, 2026, in Washington. The co-founder of Moms for Liberty estimates she's been to the White House a dozen times since the start of the second Trump administration, which has leaned in to many of the culture war battles the organization started fighting at the school board level five years ago.
Allison Robbert/AP