'No Child' talks go nowhere

Utah's negotiations with federal education officials over No Child Left Behind have fallen flat, a representative from the state Office of Education told lawmakers this past week.

Almost none of the six waivers sought by Utah for more flexibility to meet requirements of the federal law has been granted, said Ray Timothy, an associate superintendent in the office.

"We are nowhere," Timothy told members of the Legislature's Education Interim Committee.

A telephone call seeking comment from the U.S. Department of Education was not immediately returned.

Federal officials have given Utah some wiggle room on testing of special education students, Timothy said, but added "that has offered very little." And negotiations over the qualifications for highly qualified teachers — those who teach multiple subjects — are stalled over the benchmarks Utah uses to assess those teachers' skills.

"We've agreed to disagree at this point," Timothy said.

Also frustrating is that other states have been granted the same waivers sought by Utah, he said.

For example, the federal law requires schools that fail to meet annual progress standards in two consecutive years to allow students to transfer to higher performing schools. If the schools fail in a third year, the school must offer tutoring or other supplemental education programs. Utah has asked to switch those options but has been denied, Timothy explained.

"Florida has just been granted that option," he said. "That's been frustrating to know that we're all negotiating independently, and they're inconsistent."

Utah has objected to the mandates of No Child Left Behind since it was introduced, in part because officials believe in state education controls.

In a special legislative session in April, lawmakers passed a bill giving priority to Utah's education progress tests ahead of the federal law. State education officials contend that keeps Utah in line with federal requirements but doesn't force them to spend state dollars to meet the federal law.

The bill was set to pass during the regular session, but was held when Gov. Jon Huntsman Jr. asked for time to negotiate with federal education officials, who threatened to cut the $76 million Utah receives in federal education funds.

Tim Bridgewater, Huntsman's volunteer education deputy, who has negotiated on the state's behalf, agreed with Timothy's representation of Utah's progress.