No to unfunded 'No Child' act

Utah's shot across the bow at the No Child Left Behind Act went from that of a rifle to a pop gun Tuesday.

The House easily passed substitute HB43, which would prevent the state and school districts from participating in NCLB" except where there is adequate federal funding."

That means schools would implement NCLB to the extent possible with current federal and state funds.

The bill sends the message of the state's disdain with what legislators call an unfunded mandate, but without the risk of losing $106 million in federal funds. It probably will maintain status quo, too.

Some school officials say that's fine with them.

"It's nice to hear our state legislators understand the challenges that go along with No Child Left Behind," said Brenda Hales, executive director of curriculum and instruction for Jordan School District. "What I like about it is it's raising everyone's level of concern . . . and that's a good thing."

The bill, which now goes to the Senate for consideration, withstood two amendment attempts. One sought to add language ensuring all students, even the gifted, wouldn't be left behind in schools. The other would have postponed the bill's effective date to 2005 and required the State Office of Education to analyze NCLB's financial impacts.

There's no doubt Margaret Dayton, R-Orem, stepped into a big issue with HB43.

While about a dozen other states are considering what to do with the Bush program — which could cost them more money to comply with it than they are getting from the federal government — Utah would have been the first state get out completely.

And with Bush facing re-election this year, his No Child Left Behind an administration centerpiece, and Utah being one of the most Republican states in the nation, it was clear the Bush White House was taking no chances with the Utah Legislature.

Bush's education officials quickly dispatched top aides, who met Friday with Dayton, other top GOP legislative leaders and state education bosses.

There, federal officials said Utah would lose $106 million in NCLB funding if it opted out of the program entirely.

Dayton and others then had to weigh whether the money would be worth keeping with so many strings attached.

"We as the state Legislature are not going to be reduced to clerks" for the federal government, Dayton said. "We will take the funds we have, but we will not commit to obligate our state funds to fill in the blanks."