Utah to subject federal education programs to state scrutiny
The Utah Legislature has been no fan of No Child Left Behind (NCLB). And now, it could be in control of its money. The House gave a final, albeit feeble, thumbs up—by the minimum 38 votes—to a bill that targets federal education programs that cost the state more than $100,000 to implement. The bill requires those programs to go through legislative or gubernatorial scrutiny first. In other words, officials other than education bosses would be in a position to say yes or no to educational programs, which could include the Individuals with Disabilities Education Act (IDEA) and career and technical education programs, money for English language learners, Native American children and even training for teachers, Deputy State Superintendent Larry Shumway said. "All of these federal funds by their very nature use state resources," Shumway said. “My understanding of the bill, as it passed, says the Legislature could reject federal funding. It's pretty far reaching," he said. "We'll be very interested in knowing which federal programs they'll approve." The bill now goes to Gov. Jon Huntsman Jr. for his signature or veto.
The Legislature twice has threatened to opt out of NCLB and passed a law requiring state school resources to pay for state goals first. The Utah Legislature has complained the law costs school districts millions of their own dollars to implement, is unfair and violates state rights to oversee public education. Leading the charge has been Sen. Margaret Dayton, R-Orem, sponsor of SB162. 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. 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. 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."
Source: Deseret Morning News, 3/2/08, By Jennifer Toomer-Cook
[Editor’s Note: The Virginia General Assembly has been is considering legislation to pull out of NCLB. NSBA continues to urge Congress to proceed with reauthorizing and improving the act now. See below.]
NSBA School Law pages on Virginia’s proposed NCLB legislation
NSBA Advocacy page on NCLB reauthorization