A bill prioritizing state education goals above No Child Left Behind unanimously inched toward Senate passage Monday.

But whether the Senate will cast its final vote today hinges on what happened in talks between the governor and federal education officials, Senate President John Valentine said.

If the U.S. Department of Education granted Utah the flexibility it seeks in meeting NCLB requirements, "then we don't need the bill," Valentine, R-Orem, said in an interview. "But if in fact the Department of Education is going to be intransigent . . . we need to move forward with the bill.

"This (bill) is not an idle threat, it's not a lever," Valentine said. "It's a way for us to be able to operate our school system."

No Child Left Behind aims to have all students, regardless of race, income or disability, reading and doing math well by 2014.

Utah officials praise the concept but say the law lacks flexibility to help them make it work.

They say U-PASS — the Utah Performance Assessment System for Students, which includes several tests for kids in all grades — assesses children's academics, monitors their growth and delivers the help they need better than NCLB's strict pass-fail system.

They're asking the federal government to use U-PASS to comply with NCLB. State education officials have said details are being negotiated with the U.S. Department of Education.

HB135, sponsored by Rep. Margaret Dayton, R-Orem, would give Utah educational goals priority over NCLB mandates, particularly in considering doing what's best for Utah students or where to put state resources.

The Senate unanimously voted Monday to forward the bill to its third reading calendar for a final vote. The action came as Utah Gov. Jon Huntsman Jr. and other state officials were in Washington, where they met with the U.S. Department of Education about NCLB and other matters.

Last week, the Senate unanimously and without debate passed the similar HJR3, sponsored by Rep. Kory Holdaway, R-Taylorsville. That resolution would have Utah use U-PASS until the federal law is amended and adequately funded.

The bills are not as drastic as last year's NCLB opt-out legislation, which could have cost the state more than $100 million in federal funding. Dayton pulled the bill for interim study and came up with HB135, with states' rights to govern public education in mind. And legislative and education officials believe the bill would not jeopardize federal dollars.

Harrington has said HB135 is necessary to help schools do their jobs, regardless of whether Utah receives the federal flexibility it seeks.

Dayton on Monday said she remains committed to HB135's goals but declined further comment until today.

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