Utah's Legislature has opposed No Child Left Behind, saying it is a big federal intrusion on the state's right to conduct education, said Ray Timothy, deputy state superintendent for public education. Timothy is "excited" about the bill, because it will give the state the chance to better serve students.

"It doesn't make us just jump through unnecessary hoops," Timothy said. "It allows us to be flexible to help us meet the needs of our students."

Utah tried to get a waiver from some NCLB rules in 2005 but was denied by the Education Department, Timothy said. That same year, the Legislature seriously debated opting out of NCLB and forgoing the federal funding that comes with participation, but that proposal did not pass, Timothy said. In 2006, the Legislature decided that the state can get federal money but cannot use any state money to satisfy NCLB criteria.

Timothy said the state "embraces" accountability, and this proposed bill would not forgo the accountability process.

Hoekstra said the states would need to provide "transparent accounting" measures to the education secretary and they will have to comply with federal civil rights laws. The bill would also require annual reports on student progress.

"No Child Left Behind has created a one-size-fits-all approach to education when students and schools are very unique with very different needs that require very different approaches," Hoekstra said. "The A-PLUS Act will restore accountability to parents and schools as states advance individually tailored academic policies."

Reg Weaver, president of the National Education Association, said there are problems with the No Child Left Behind law, but the A-Plus proposal is not the way to solve them.

Weaver is not in favor of the proposed bill because states "can spend money on whatever they want, including vouchers."

"It would allow states to do things with money they shouldn't do, and it can create problems for misuse of money," Weaver said, adding the many states see fit not to spend money on minority students or those at lower income levels — exactly those the law does not want to leave behind.

Weaver said a better way to fix the law would be for the administration and Congress to provide enough money to fulfill the requirements, especially for smaller classroom sizes, better teachers and safer school environments.

"Everybody focuses on the output," Weaver said, referring to school test scores and grades, but he said better environments, better teachers and other "inputs will help the output."

"There are a lot of unintended consequences because of this law," Weaver said.

The No Child Left Behind Act is up for reauthorization this year.

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