While a state board member says a committee looked at that idea, which other states propose, Harrington says it never should have been in the draft and will be stricken.

"That 5 percent has not even been part of the discussion," Park said. "We've all verbally decided to discuss the 40 as a talking point." Harrington notes the state plans to publicly report test scores of groups of 15 or higher. And she's willing to compromise on the group size for accountability.

"My desire is, frankly, to protect the children" from feeling singled out, she said. "This is not a sword our office wants to die on."

Other parts of the draft could change amid federal negotiations, Harrington indicates.

• The education department wants Utah to have 100 percent of kids proficient by 2014. Wiener notes the goal is up there with Utah's own basic skills competency test, which everyone must pass for a high school diploma.

Harrington says the state is pitching 70 percent proficiency but will bend if it can weigh in students' academic growth.

• The draft meshes language arts, math and science scores; federal law requires separate test accountability. "If that's the only remaining issue . . . we will separate them for the department's sake," Harrington said.

• If federal officials deny the plan, Utah could use a dual accountability system, with NCLB's judgment relegated to a tiny box on school report cards, and maybe fleshed out online, Harrington said. "I will (make sure I will) not be found out of compliance with No Child Left Behind with any position."

• The draft is extending "sanctions" — more in the vein of giving extra help than state takeovers — to all schools not making progress under U-PASS. NCLB extends sanctions only to Title I schools.

But extra help is expensive. Utah lawmakers this year did not provide some $20 million in requests for early grades' math help, full funding of a reading program and assistance for kids struggling to pass the graduation test.

Harrington says Utah schools can do a lot of good up front by teaching the standards.

"The state," Newbold said, "runs the risk of being placed ultimately in the same category as the federal government, and that is mandating a system of accountability they are unwilling to help pay for."

Public participation

More changes to Utah's draft could come before it's solidified. But some already wonder where the public comment opportunities are.

"Through this process, it is evolving into a totally different plan, which impacts districts, and no districts are seeing it," Hausman said.