Salt Lake Tribune
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Education priorities
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The Utah Legislature and the federal government under President Bush have similar views about how public education could be improved. Both believe students should be able to read, write and do math at grade level, and both believe high school graduates should show competence in basic subjects before they are handed a diploma.

But the two are sometimes at odds on how to meet those goals and how and when to pay for them, especially when the federal education department fails to back the stringent requirements of the No Child Left Behind act with sufficient cash. Both educators and legislators here believe the state's methods are best suited to our unique circumstances and demographics and that state funds should be spent first on state programs and not to meet federal mandates. We agree.

House Bill 135 clearly and correctly spells out for state school officials what priority they should give to funds to meet state and federal requirements, especially when they conflict: State rules take precedence.

HB135 throws down the gauntlet by instructing state school officials to put their own interpretation on federal rules and decide whether they are in the best interests of Utah children. If they are not, school officials are instructed to move to implement state regulations and ask that federal rules be waived or changed in favor of state programs.

That is a challenge that federal officials might take up with a vengeance. When legislators last year threatened to boycott NCLB altogether, the feds countered with a threat to cut off $106 million in federal dollars, much of it destined for disadvantaged students.

Nevertheless, the Legislature is responsible for setting parameters for the school districts and the State Board of Education on how to spend education funds collected by the state. When federal and state priorities conflict, it makes sense to put state programs ahead of federal ones, especially when they represent different roads to virtually the same destination.

HB135 also is useful when two federal programs conflict, as do the Individuals With Disabilities Education Act, which requires schools to meet specific needs of disabled students, and NCLB, which requires disabled students to meet the same standards as all other students. No matter which rules a school follows, it is in jeorpardy of losing federal funds.

In that case, HB135 rightly mandates that parents, in conjunction with school officials, should determine which program best meets the student's needs.

The federal education department properly has a stake in setting nationwide standards for education, but how states reach those standards should remain their decision. That is one aspect of how education has traditionally operated in this country that should not change as public education is reformed for the better.

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