Concessions being sought by the state include holding off on testing English language learners for three years instead of one and permission to use Utah's own accountability system, U-PASS, to meet NCLB standards.

"I think we've gotten a win on having the federal government recognize Utah's approach to special education," Huntsman education deputy Tim Bridgewater said. "I don't think the bill hurts. I think in fact (Spellings') announcement is in (line with) the spirit of the bill. It is not an opt-out bill. It is one that says state standards should prevail."

But Utah's desire to replace NCLB with U-PASS has raised concerns in the past week. Utah's proposal now says schools wouldn't be held accountable for student achievement unless there are at least 40 students in a group, such as low-income or minority children, but will report performance of groups of 15.

Ethnic minority and some school leaders worry that will leave students to be swept under the carpet. They also fear Utah could violate NCLB and jeopardize federal dollars, a large portion of which benefit disadvantaged students.

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E-mail: jtcook@desnews.com