Federal

Utah Lawmakers Pass Bill Flouting NCLB

By Joetta L. Sack — April 20, 2005 2 min read
  • Save to favorites
  • Print

Includes updates and/or revisions.

The Utah legislature passed a bill April 19 that would put the state’s education laws ahead of the No Child Left Behind Act, an act of defiance against a federal law that lawmakers in the heavily Republican state call an unfunded mandate.

The measure—which drew large majorities in both houses and Gov. Jon Huntsman Jr., a Republican, is expected to sign—would give state officials the authority to ignore provisions of the federal law that conflict with state education standards or cost the state money.

The Utah legislature’s move means the state could lose about $76 million annually in federal education money, out of about $106 million the state receives under No Child Left Behind, according to U.S. Secretary of Education Margaret Spellings, who wrote a terse evaluation of the measure this week.

“Several of the principles in the bill are fundamentally troublesome, and appear to be designed to provoke noncompliance with federal law and needless confrontation,” she wrote in an April 18 letter to Sen. Orrin Hatch, R-Utah, who had requested an evaluation of the state measure.

The state likely would lose federal money for Title I students, teacher training, and parental-choice programs. Districts that serve the highest numbers of disadvantaged students likely would see the most impact.

David L. Shreve, a lobbyist with the Denver-based National Conference of State Legislatures, said Utah’s measure would not have an immediate impact, because the state has not yet acted to supplant any federal laws with its state standards. The NCSL has repeatedly called for more flexibility and more funding to carry out the mandates in the No Child Left Behind law.

Utah legislators “haven’t really done anything yet, except to say they intend to do something,” Mr. Shreve said. “It’ll be interesting to see how long it takes before they take action and before the Department of Education has a reaction.”

Other states likely will watch the situation in Utah unfold, Mr. Shreve said, adding that it was impossible to predict whether Utah’s action would lead other states to snub the federal law’s provisions. Connecticut’s attorney general, Richard Blumenthal, announced earlier this month that his state plans to sue the U.S. Department of Education over the testing mandates in the sweeping federal law.

Utah’s saga has lasted more than a year. The chief legislative sponsor, GOP Rep. Margaret Dayton, first introduced a measure that would have rejected all of the state’s federal education funding. (“Utah Lawmaker to Fight NCLB Law,”) Dec. 1, 2004.)

Gov. Huntsman and other state officials had been in contact with President Bush and officials at the Education Department leading up to the April 19 legislative special session, but were unable to come to a compromise.

The Education Department was expected to comment on the bill later on April 20.

Events

Artificial Intelligence K-12 Essentials Forum Big AI Questions for Schools. How They Should Respond 
Join this free virtual event to unpack some of the big questions around the use of AI in K-12 education.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Then & Now Will RFK Jr. Reheat the School Lunch Wars?
Trump's ally has said he wants to remove processed foods from school meals. That's not as easy as it sounds.
6 min read
Image of school lunch - Then and now
Liz Yap/Education Week with iStock/Getty and Canva
Federal 3 Ways Trump Can Weaken the Education Department Without Eliminating It
Trump's team can seek to whittle down the department's workforce, scrap guidance documents, and close offices.
4 min read
Then-Republican presidential nominee former President Donald Trump smiles at an election night watch party at the Palm Beach Convention Center, Nov. 6, 2024, in West Palm Beach, Fla.
President-elect Donald Trump smiles at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla. Trump pledged during the campaign to eliminate the U.S. Department of Education. A more plausible path could involve weakening the agency.
Evan Vucci/AP
Federal How Trump Can Hobble the Education Department Without Abolishing It
There is plenty the incoming administration can do to kneecap the main federal agency responsible for K-12 schools.
9 min read
Former President Donald Trump speaks as he arrives in New York on April 15, 2024.
President-elect Donald Trump speaks as he arrives in New York on April 15, 2024. Trump pledged on the campaign trail to eliminate the U.S. Department of Education in his second term.
Jabin Botsford/The Washington Post via AP
Federal Opinion Closing the Education Department Is a Solution in Search of a Problem
There’s a bill in Congress seeking to eliminate the U.S. Department of Education. What do its supporters really want?
Jonas Zuckerman
4 min read
USA government confusion and United States politics problem and American federal legislation trouble as a national political symbol with 3D illustration elements.
iStock/Getty Images