The feds are pitching a new way states can meet No Child Left Behind standards — an idea that might look to Utah school brass like a gift wrapped in a big red bow. Problem is, it's questionable if they're in a position to open it, in part because of a brand new law.

A new "differentiated accountability" pilot of 10 states was unveiled Wednesday by U.S. Secretary of Education Margaret Spellings. It basically would let states focus on those schools in the most dire need of help, and even groups of students, over those who have been identified as needing improvement but are closer to meeting academic goals.

The idea is to let states target where the resources are most needed. So, if English language learners are in most need of reading tutoring, the school doesn't have to open up tutoring services to the entire school — just the kids who need it most.

"One thing we know for sure is that we must take dramatic action to improve our lowest-performing schools," Spellings told a gathering of educators in St. Paul, Minn., according to a speech posted at the U.S. Department of Education's Web site. "We also know that not all struggling schools are alike, and that many states have identified a wide range of schools for improvement."

The idea appeals to Utah State Superintendent of Public Instruction Patti Harrington, who says she'll mention the proposal to the State Board of Education. Applications are due in early May.

But the federal department says it will give priority to states where at least 20 percent of low-income, Title I schools have been identified as needing improvement. Utah has about 5 percent, Harrington said.

"We don't think that we would be approved based on that priority," Harrington said. "But we'll be considering it. The board is interested in doing what we can to ameliorate any negative effects of No Child Left Behind and build up on the positive."

But even if the board seeks the flexibility, there's question whether the state is in a position to be picked — or even apply.

Spellings says she's looking for pilot states that are leaders in education reform, conceivably the way No Child Left Behind lays it out.

But the Utah Legislature has twice threatened to opt out of the federal law. It passed a law putting state education goals first, and — just this week — the governor signed a bill that would put him or the Legislature or both in charge of whether Utah schools can participate in federal programs that cost the state more than $100,000.