"If you happen to be in a school where there are few minority populations and few people in poverty, and those are the groups not performing . . . it's not rocket science," Jordan Superintendent Barry Newbold said. "I think that (makes) a huge difference to kids, because they're labeled as 'the reason we're not succeeding.' It perpetuates myths and stereotypes."

Accountability plan

U-PASS approaches achievement differently. The assessment system requires several state and national tests, including core curriculum tests — also used for NCLB — for nearly all grades; a writing test for sixth- and ninth-graders; and a competency test for a high school diploma. Scores and other data are posted online in what some lawmakers call the Cadillac of reporting systems.

U-PASS also contains an accountability plan, which is a different animal than simple reporting of test scores. Accountability places a judgment on whether a school's performance is good enough.

In U-PASS, every child's academic growth counts. So, if a seventh-grader can barely read but then jumps to a third-grade reading level by the time he reaches eighth-grade, he's still far below state standards but the school still would get points for his progress.

Then, every student's growth score would be weighed along with overall language arts, math and science test scores, plus test participation (95 percent required). At that time, the state would weigh all the data to say whether schools are up to par.

The State Board of Education signed off on the plan in January, so long as it would include student subgroups in the mix, Burningham recalls.

But the accountability piece can't be implemented until 2007 because test data isn't all available, state evaluation and assessment director Judy Park has said. So it exists only on paper.

Still, policymakers are banking on it.

The state school board last November voted to ask the U.S. Department of Education if it could use U-PASS to meet NCLB accountability requirements.

Earlier this year, the Legislature passed HJR3, which states Utah should use the "proven system" to meet NCLB's spirit "unless and until" the federal law is amended and adequately funded.

On Tuesday and Wednesday, lawmakers will meet in special session in part to debate, with certain passage, Rep. Margaret Dayton's bill directing school bosses to prioritize Utah education goals and resources over NCLB. Dayton, R-Orem, calls NCLB a federal intrusion on states' rights.

The bill isn't as drastic as last year's proposed opt-out. But Utah's actions have received national attention nonetheless.

And it's not all good.

Debating U-PASS