Unfunded Mandates a Drain on Education : Every dollar a district spends on these well-intentioned laws diminishes scholastic programs.

Ensuring that schools are free of health hazards associated with asbestos, hazardous waste and radon and that the environment is protected by storm-water pollution plans, recycling and other environmental requirements is, no doubt, an admirable goal. The federal government’s desire to promote independence through implementation of the Americans With Disabilities Act and the complex special-education laws is equally well-intended.

However, these unfunded mandates, or partially funded mandates, from both the state and federal government have taken on the characteristics of a chronic, fatal “disease”--much like parasites--feeding themselves while destroying the core of the educational organization.

A recent survey of 13 Orange County school districts clearly identifies the escalating and cumulative impact associated with 11 specific mandates. The study of the last three budget years showed unfunded mandates and special-education encroachment totaling a staggering $71 million. If they take 1993-94’s $27-million total for the 13 districts and then consider $2 million a year as an average cost per district, taxpayers can easily extrapolate the data across the 1,000 districts in California ($2 billion) and the 16,000 districts in the United States ($32 billion). It is important to note that these are but a few of the mandates imposed on school districts.

The magnitude of the problem becomes very clear when you recognize that every general-fund dollar allocated for asbestos or radon or hazardous waste requires an equivalent cut in educational programs. Often that means larger classes, fewer books, less technology, loss of nurses, psychologists and physical education, and the elimination of music and art programs.

We must assume a proactive role in seeking relief from this progressive disorder afflicting school districts. As a first step, it is important that we take a more common-sense approach to these laws and evaluate our priorities. To date, most school districts have simply complied with the mandates. However, more flexibility must be allowed in each of the laws. For example, it is not reasonable to spend thousands of dollars to prepare a plan to control storm-water runoff when our area has so little rain and the bus parking surface has no obvious pollution problem.

Secondly, we must encourage federal legislators to fund all current and future mandated programs--or lift the mandates until such time as funding is available. In addition, the federal government must be motivated to pay its fair share. Originally, the federal government agreed to fund 40% of the annual cost of special education, but school business experts indicate that it has never paid more than 8% in any year. Just imagine what the 13 Orange County school districts would have been able to accomplish if they had been reimbursed 32% of the $67 million budgeted for special education in the last three years.

Our representatives must revisit both the federal and state laws affecting special education, as well as state policies regarding the resolution of differences of opinion, to bring an element of reason and common sense into the decision-making process. Because of the specific requirements of the federal laws, precedent-setting legal decisions and some of the complex state laws and policies, there is little or no flexibility in many decisions.

For example, the law clearly states that the cost of a special-education program shall not be a factor in the determination of appropriate placement. Open discussion or comparison of programs based on cost opens districts to liability. In addition, the legal process and associated fees often limit the district’s options, as the cost of moving through the legal process may be three to four times the cost of making the requested placement. The final total may be up to 10 times the cost of the placement if the parents’ attorney prevails, as the district must then pay all attorney fees.

Although other government agencies are affected by many of the same mandates, school districts are the only organizations with no ability to raise revenue. Every dollar spent by school districts on unfunded mandates comes out of the money allocated for the education of our children.

To be effective in resolving these complex problems, we need to pull together at the local, state and national level to intervene. Prompt, coordinated treatment by bold, courageous legislators can lead to a cure. A Band-Aid won’t do it! Education and government must work together to enhance educational opportunities and ensure that our limited financial resources provide the best available services to children in Orange County and throughout the nation.