SB162 would require expensive state education agreements with the U.S. Department of Education to first receive the green light from the Legislature or governor. If an agreement would cost Utah more than $100,000 a year, the contract would require the approval of the Governor's Office. Those exceeding $500,000 would require approval from legislative management, and those exceeding $1 million would require the OK from the Legislature. It also authorizes the governor or the Legislature to void federal education agreements lacking proper approval.

Dayton says the bill allows the state to weigh whether to enter federal education agreements whose costs outweigh benefits.

However, the State Office of Education has million-dollar contracts with private vendors, which receive no additional legislative scrutiny under the bill. Said Dayton: "We might need to expand into private."

"What has changed is the U.S. Department of Education is expanding their reach, expanding their control," Dayton said. "The effort in my legislation is to maintain state control of education."

NCLB likely is one of those $1 million programs that could receive a legislative cost-benefits analysis. So is IDEA. The federal government was supposed to cover at least 40 percent of IDEA's costs. Recent estimates have put that investment at 20 percent, maybe less.

Laws also require public schools to provide children with a free and appropriate public education.

Rep. Greg Hughes, R-Draper and the bill's House sponsor, says lawmakers would never jeopardize schools' dollars for needed programs.

"I've not heard one person say, 'give up money,"' Hughes said.

Still, some wonder about the risk posed to other programs under the bill.

"The federal Department of Education, I think, clearly understands what Utah's issue is with No Child Left Behind," said Rep. Kory Holdaway, R-Taylorsville, and a special education teacher. "I'm concerned we're painting our concern with the costs of NCLB with this broad of a brush."

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E-mail: jtcook@desnews.com