Huntsman, Harrington and other state officials just returned from Washington, D.C., where they met with the U.S. Department of Education regarding the request.

But in a fax to state officials Tuesday, federal bosses gave no new concessions, Harrington said. She is planning to use a sort of dual NCLB/U-PASS plan to measure student progress, and says the weight of state laws would help her in that plan.

HJR3, sponsored by Rep. Kory Holdaway, R-Taylorsville, would have Utah use U-PASS until the federal law is amended and adequately funded. That bill sailed through both Houses and awaits Huntsman's signature.

HB135, sponsored by Rep. Margaret Dayton, R-Orem, would give Utah educational goals priority over No Child Left Behind's federal mandates, particularly considering doing what's best for Utah kids or where to put state resources.

The Senate unanimously forwarded HB135 Monday to its third-reading calendar for final passage. The bill came up Tuesday morning, but Hatch postponed debate until after he could meet with Huntsman and others about the federal meeting.

Harrington says she, Huntsman and Dayton will return to Washington in two weeks for more negotiating. She notes the bills, which have received national media attention, have stirred the pot in Washington and brought more federal willingness to listen to Utah's pleas.

"I'm hopeful for flexibility . . . but I'm troubled. This latest conversation with them shows no new evidence, no new willingness to be flexible," Harrington said. "I have great faith in our governor and am hopeful he has (the ability) to reach that level of flexibility."

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Contributing: Lisa Riley Roche.

E-mail: jtcook@desnews.com