State policymakers are dressing down the controversial No Child Left Behind Act on Capitol Hill and in the state school board room.

Thursday, the House Education Standing Committee unanimously forwarded two bills saying the federal government has overstepped state education rights and that Utah schools will put back state achievement goals first.

Today, the state Board of Education was to discuss a resolution indicating Utah licensed teachers are "highly qualified" under NCLB. Some teachers have feared NCLB rules would send them back to college.

• HB135, sponsored by Rep. Margaret Dayton, R-Orem, would give state education goals priority over NCLB, particularly in terms of spending state dollars and deciding what's best for kids.

It also directs school bosses to minimize spending on underfunded federal programs, lobby for NCLB changes, and study whether NCLB requires curriculum changes or additional state funding to comply.

It remains uncertain whether the prioritization would affect federal money coming to Utah, the fiscal note states. But the bill is tamer than last year's.

"This is not an in-your-face-bill," Dayton said, alluding to her 2004 NCLB opt-out bill, which spurred federal officials to converge on Utah's Capitol Hill and would have cost the state $106 million in federal funding.

Rather, Jordan Superintendent Barry Newbold called it a guideline in sorting out apparent conflicts in state and federal laws and NCLB and the Individuals with Disabilities Education Act.

For instance, Utah's U-PASS testing and accountability system focuses on student growth, "diagnoses and treatment"; NCLB focuses on testing and labels first, State Superintendent of Public Instruction Patti Harrington said. NCLB requires all students, even those with disabilities, to read and do math on grade level; IDEA requires students with disabilities achieve individually set goals.

Dayton worked on the bill with Harrington, the Education Interim Committee and state Board of Education, which also is asking the federal government to use U-PASS to comply with NCLB.

Other states have shown similar disdain toward NCLB, the National Conference of State Legislatures has reported.

"We're a sovereign state," said Rep. Brad Johnson, R-Aurora. "We've got to stand up for Utah's interest."

• HJR3, sponsored by Rep. Kory Holdaway, R-Taylorsville, contains a similar stand. The resolution, unanimously okayed by the same committee, would have Utah use U-PASS, which fulfills the spirit of NCLB, until the federal is amended and adequately funded.

"This is in fact a message bill . . . to the federal Department of Education," Holdaway said. "Let states deal with education; let states do what they know is their responsibility."

• The state Board of Education today was to weigh a resolution deeming Utah teachers who meet state licensing and preparation standards are "highly qualified" under NCLB.

"States, not the U.S. Department of Education, are empowered under NCLB to establish a high, objective, uniform state standard of evaluation . . . in determining 'highly qualified' status of veteran teachers," which Utah's system does, the resolution states.

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