The department maintains that this is not a change in the federal role of overseeing education and that during this implementation phase it will work with the states and utilize much of their guidance, department spokesman Valerie Smith said.

But Bishop said if students start to move toward classes the federal department of education checks off as those that qualify for these grants, that will skew what states have to do for their schools.

"It's shifting from the board of education and back to Washington," Bishop said. "That's not the direction we need to go if we want to improve our schools."

Bishop said he did not know what motivated the final law to include the secretary's new role in the grant program. He said this was not discussed in any House or Senate hearing or floor debate and was just added at the last minute during the final negotiations.

He said he will look to add his bill to another piece of legislation as it moves through Congress.

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