Maine Limits Participation in "No Child Left Behind;" Other States Balk at Alleged Unfunded Mandate

On April 14, 2004, Governor John Baldacci of Maine signed a "Resolve" passed by the Maine Legislature that severely limits that state's participation in the federal No Child Left Behind Act (NCLB). The resolve, sponsored by State Senator Michael Brennan, prohibits Maine's Department of Education from spending "any state funds or incur[ring] any costs not paid for under the [NCLB] in order to comply with the provisions of the act." Schools may spend money required to administer federal funds and to comply with Maine's learning standards.

The resolve also requires the Department of Education to conduct a "thorough investigation of the costs and benefits of participating in" NCLB. In conducting this study, the Department of Education must focus on the costs and benefits of aligning NCLB with Maine's educational standards, entitled "learning results." The deadline for completion of the study is January 15, 2005. The resolve took effect immediately on April 14, because it was passed as an emergency enactment.

Maine is the second state to pass a measure limiting its participation in the federal "No Child Left Behind" law. Vermont passed a similar law in June 2003, however Vermont's measure gives the state the option of spending state or local money to implement the NCLB. Maine's law prohibits any state or local funding to implement the federal law. Other states, such as Utah, New Hampshire, New Mexico, Idaho, Virginia and Washington, have considered opting out of NCLB or have passed resolutions requesting that Congress amend the law.

In addition, the National Conference of State Legislatures ("NCSL") has recently published a report on federal "unfunded mandates" affecting states, listing gaps in federal funding to states for the implementation of various federal programs. The report asserts that for Fiscal Year 2005, the NCLB funding gap will be $10 billion, and that the cumulative underfunding of NCLB since its enactment is $27 billion. New York State Senator Stephen Saland, co-chair of the NCSL's Task force on NCLB has stated, "Many believe that, nothwithstanding [NCLB]'s laudatory purposes, the act imposes a number or unfunded or underfunded mandates on schools and school districts. And in its effort to elevate standards, some of its requirements are unreasonably, if not extraordinarily, difficult to attain."

William Mathis, a school district superintendent in Vermont and an expert in school funding issues, recently surveyed studies conducted in several states on the costs of implementing education reforms congruent with NCLB. Writing in a recent issue of Education Week, Dr. Mathis noted that "it is striking that the studies consistently show that massive new monies are needed." Ohio recently completed a costing-out study of NCLB implementation.

Prepared by Wendy C. Lecker, April 23, 2004