Unfunded Mandates in Education: The Zugzwang Zigzag

An unfunded mandate in education is a law or regulation requiring schools to provide a program or service without the money to pay for it. Special education is the most-cited case of an underfunded federal mandate. IDEA set a maximum federal contribution of 40% of the national average per-pupil spending, and the actual share is under 12%.
Jon Konen wrote this essay in January 2020. Its references to teacher walkouts, presidential social media, and the Arab Spring are kept as he wrote them, as a record of that moment.
The current situation in America puts educators at a disadvantage…no matter what move we make to promote increased funding, we are dividing our communities. Some communities are further along this continuum. I would like to coin this state of education, "The Zugzwang Zigzag!"
Are you wondering what Zugzwang means yet? It is a German word meaning, "compulsion to move." The term is most commonly used in the game of chess where one player is at a disadvantage because they must make a move when they would prefer to not move or pass.
We are in a state of motion where teachers are marching together and storming their capitals in the hopes that the state legislators and governors can do something with funding and our educational environments. Yes, I believe state officials have a significant role to play in getting funding for your district, but we also need to be making pleas to our national government to make adequately funding schools a priority.
I feel that no matter what we do to advocate for ourselves, we are at a disadvantage. Let's explain a little further as we Zigzag through the educational minefields!
What an Unfunded Mandate Is
An unfunded mandate is a requirement imposed by one level of government on another without the funding to carry it out. In education, that usually means Congress or a state legislature obliges districts to deliver a program, service, or reporting process, and the district covers the cost from a budget that did not grow to match. The money comes out of something else.
The distinction between levels matters, because the body writing the requirement is often not the body paying for it. Federal requirements reach districts by more than one route. The Individuals with Disabilities Education Act sets obligations and carries its own funding stream. Section 504 of the Rehabilitation Act is a civil-rights law rather than a funding statute, and it attaches duties to any district accepting federal money without appropriating anything to cover them. The two are not built the same way.
State requirements arrive through legislature-set graduation rules, class-size limits, data reporting, and testing schedules. Whether any one of these comes with money, comes with part of the money, or is funded through a separate appropriation varies by state. The same requirement can be a real budget problem in one state and a non-issue next door, so it is worth checking your own state before assuming a rule is unfunded.
Special education is the case cited most often, and it deserves a precise description. IDEA is not an unfunded mandate. It is a federal requirement that carries substantial federal money, and it is more accurately called an underfunded mandate, because appropriations have stayed below the maximum the statute allows. When Congress passed the law in 1975, it set that maximum at 40% of the national average per-pupil expenditure. That figure is a ceiling on what the federal government may contribute, not a guarantee that it will cover 40% of any particular district's excess special-education costs.
The gap between the ceiling and the appropriation is what people argue about. The National Education Association puts the actual federal share under 12% for 2025, its smallest share since 2000, and estimates that states and districts had to cover $38.66 billion in the 2024-25 school year that full funding would have supplied. Those are NEA's figures and NEA's analysis, not an official federal determination of a shortfall. Senate sponsors of the IDEA Full Funding Act cite the same $38.66 billion to the Congressional Research Service. Whatever the exact accounting, the difference lands on state and local budgets, which is where the rest of this article picks up.
The Zig
We stand up and fight for public education…the "Zig."
A local levy passes, a state legislature increases funding slightly, or the national government increases Title or Special Education funding - these things allow us to continue the services we currently have implemented. It is not very often that the funding is enough to increase educational opportunities for our students…more or less, it's just enough to sustain or maintain the current level of education. Communities, states, and even the national government will tout their educational prowess when funding is increased. As educators, we are happy, but these small incremental increases are only a drop in the proverbial bucket! In fact, as educators, we may even give a sigh of relief for the meantime, BUT WE KNOW what's coming…the ZAG (read about the Zag below)!
This pattern seems to occur every couple of years, where education funding is increased minimally…never enough to put back the people, programs, or other educational opportunities of years past.
It is amazing the list of unfunded mandates and responsibilities we have placed on our school systems. Every program and responsibility we have tasked our schools to pursue for the welfare of our children since the turn of the last century would be far too long to list here. Even as the list of expectations exploded in the 1950's and more and more were piled on every year since, guess what didn't change…national funding for education.
After digging into the dollar amounts on www.ed.gov, I found the amount that each President has proposed in his budget and what was actually appropriated by Congress, and not only does each budget proposal fail to meet inflationary costs, but it didn't come close to covering the cost of all the new responsibilities educators were expected to meet either.
I would argue the increases we have seen aren't near enough to combat what we are seeing across the nation with a rise in special education needs and costs, supporting the increase in extreme behaviors, excessive trauma, uncontrollable anxiety, drug-related problems, and a need for more social-emotional learning. Many of these tasks given to our schools are coming without additional funding…unfunded mandates!
Without significant increases in funding from the national level, states look for new revenue streams, change their school funding formulas, or cut programs, people, and other resources. There is a trickle-down effect to school districts. Plenty of state formulas tie dollars to enrollment or attendance, so a district that is not growing can end up cutting. It is not automatic, though. Formulas differ a great deal by state and carry weights, categorical aid, local revenue, and hold-harmless provisions that can soften or delay the hit. This is changing what school budgets look like in our communities. In the absence of new students and the increased funding that comes with them, local districts find themselves fighting their own community members for a proper rationale to pass the proposed levies and bonds.
The burden needs to come off of local communities and come back to the states and national government…and we do this by making education the number one priority in America.
The Zag
Sometimes we feel like we are out on a ledge holding on with one hand above a river of controversy. In fact, many of us are getting tired of always fighting for education, and we wonder what our efforts will truly change. We even get ridiculed for being vocal…we call this opposition, The Zag.
At times, it seems we are ousted by community members and even our friends when we continually battle and speak out about the lack of educational funding. Ridiculous comments are made about teachers only working nine months a year, administrators making too much, students not learning as much as they once did, and the American education system losing the battle of test scores to other countries.
When we hear all of this, we wonder who is reading this stuff, who is listening to us, who is standing up and telling the story, and who will stand by us when we do it?
It would be so easy to battle each comment posted on a blog, Facebook, or a news station with negativity. We could battle in the same manner that we see so much of this same behavior on television. This bully mentality seems to get everyone's attention, but the question is, "Is it really causing the change we want in our communities?"
On the anniversary of Martin Luther King, Jr., I encourage you as educators, parents of school-aged children, grandparents, and community members, to rise above and tell the story of what our future could be and what we envision our society will look like in a decade or more down the road.
The future doctors, lawyers, mechanics, and pizza delivery people are in our classrooms now. They will inevitably be taking care of us in the years ahead as we get older. What do we envision their education should entail? How must we ensure they have the problem-solving skills to combat the problems our generation is creating now?
If we could all realize that the Zig and the Zag are part of the same line…to educate our youth! I leave you with five ideas we can use to combat the Zugzwang Zigzag!
Five Ideas to Combat the Zugzwang Zigzag
Tell Your Story - We must become better storytellers. Too many people are afraid to speak up as there may be repercussions (the Zag). You can still tell your story without destroying your school, district, or your reputation. What have you seen in your educational setting? Can you put a face to your stories? What hardships is your district or school going through currently? Most importantly, what can you do to celebrate your school and district? Tell your story through print, social media, and face-to-face communication.- Find Friends Who Will Stand With You - Standing alone makes speaking out difficult. One person can make a difference, but a team of vocal educators has much more of an impact than one person. Who believes in the same ideology as you? What can you do as a team that you couldn't do singularly? Can you and your team make a commitment to standing up, being present, and taking action? Find a team of like-minded individuals…you can even join NEA's Red for Ed movement and give yourselves a cool name like "Red for Ed: (your city name here)!"
- Use Social Media and Face-to-Face Venues to Advocate - Social media is now the preferred platform for reform. From the president's tweets to leading a country to overthrow a government in northern Africa, social media can open people's eyes and minds and cause action. If we speak out when we are in public as well as flooding social media with our stories, our actions, and our support, I believe we can change education for the better.
- Have Courage and Be Kind - When we communicate, we must not be afraid to use words that get people's attention. I am not talking profanity; I am talking about what really happens in our schools. We need support from the community - and especially parents - when it comes to making sure we are engaging and reaching more and more students in our classrooms. We can combat negativity with kindness. There are truly an infinite number of ways to express ourselves with words and actions. We must find the correct words and actions to empower our communities and leaders to take action.
- Connect The Correct People - When we are finding friends to stand with us, we are also finding people who may be against our ideas and actions (…the Zag). Listening is powerful. We can learn more from keeping our mouths closed. When we do speak or act, we must think about how we can connect these people with resources that will give them a real understanding of what's going on in education today. Not everyone is going to want to be educated on educational funding, but for the most part, everyone wants to support children in their community. Therein lie the stories of what we do, and telling those stories can be powerful. Connecting the right people with our experiences by sharing our stories can reshape the educational system.
Frequently Asked Questions
What is an unfunded mandate in education?
It is a legal requirement placed on schools without the funding to meet it. A legislature or Congress obliges districts to run a program, deliver a service, or file a report, and the district pays for it out of an existing budget. The requirement is binding whether or not the money arrives.
Is special education an unfunded mandate?
Not exactly. IDEA is a federal requirement backed by real federal money, so "underfunded mandate" fits it better than "unfunded mandate." The statute caps the federal contribution at 40% of the national average per-pupil expenditure, which is a ceiling rather than a promise to pay 40% of a given district's excess costs. Appropriations have never reached that ceiling, and states and districts cover the difference.
Who ends up paying when a mandate is not funded?
State and local taxpayers, through funding formulas, levies, and bonds. Districts can also absorb the cost internally by cutting staff, programs, or services that are not legally required. Both routes shift the decision to a school board that had no say in creating the requirement.
What can a classroom teacher actually do about it?
Document what the gap looks like where you work, then bring it to the people who set budgets. School board meetings, state legislative testimony, and union or association advocacy channels all take input from practitioners. Specifics carry further than general complaints, so name the program, the caseload, or the line item.
- An unfunded mandate is a requirement without the money - one level of government obliges another to act, and the cost lands on whoever is closest to the students.
- IDEA is underfunded, not unfunded - the statute caps the federal contribution at 40% of the national average per-pupil expenditure rather than guaranteeing it, and NEA puts the actual share under 12% for 2025.
- Requirements and funding travel separately - graduation rules, testing schedules, data reporting, and disability services all arrive as obligations, and whether each one carries money depends on the statute and the state.
- Local funding mechanisms vary by state - where districts can ask voters for operating money, a lag in state or federal funding becomes a local campaign. Bonds generally finance buildings rather than day-to-day operations, and states differ in how much they let districts raise locally at all.
- Specific accounts move decision-makers - naming the program, the caseload, and the line item does more in a board meeting than arguing about funding in the abstract.
Understanding how money actually reaches a classroom is a large part of what education administration and policy coursework covers. Each sponsored program on this page lists its own format and focus, which is worth reading against the schedule you actually have. Principal and district-office credentials are set state by state, so check a program against your state's requirements rather than assuming a degree carries the credential with it.
- Learning How to Say No and Set Boundaries with Parents - November 21, 2022
- How to Implement a Check-In, Check-Out (CICO) Behavior System - September 26, 2022
- Teacher Core Values: 7 Strategies for Living Your Code - August 15, 2022

Tell Your Story - We must become better storytellers. Too many people are afraid to speak up as there may be repercussions (the Zag). You can still tell your story without destroying your school, district, or your reputation. What have you seen in your educational setting? Can you put a face to your stories? What hardships is your district or school going through currently? Most importantly, what can you do to celebrate your school and district? Tell your story through print, social media, and face-to-face communication.



