We agree that better regulation is needed, but we do not agree that the federal government is the place to get it. Traditionally, the states have been responsible for schools, and they also license therapy programs.

Earlier this year, the Utah Legislature passed a new law to license and inspect therapeutic schools. The law distinguishes between them and private boarding schools; residential therapeutic schools provide not only academic education but specialized services and treatment for disabilities and emotional, behavioral, familial and social development.

The new law went into effect in May, and the state Department of Human Services still is writing rules to implement it.

In Utah, at least, this new law and license process should be given a chance to work before Congress decides to step in. Otherwise, there is potential for two layers of regulation, and there is no guarantee that standards superimposed by the federal government would be more effective than what the state is attempting to do.

The new law requires licensed therapeutic schools to meet basic standards for health and safety, transportation, emergency response, access to medical care and dispensing, storing, tracking and securing medications, records, staff qualifications and training, staff-to-client ratios and access to firearms.

It allows the department to create categories of residential treatment based on different types of programs, and it requires applicants to notify cities or counties where they would be located. Moreover, it allows a city or county to designate one of its employees to become a certified local inspector of the facility once he or she is trained by the department.

Much will depend on the rules and how they are enforced. But the Legislature has recognized the need and the department is at work setting up the licensing program. In light of this, Congress should hold off.