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There will be grumbling and griping and gnashing of teeth, but Republican lawmakers appear resigned to accepting $101 million in federal assistance for cash-strapped public schools during their special session Wednesday.
House Speaker-elect Becky Lockhart said Congress is undermining Utah's sovereignty and the Legislature's authority by forcing states to take the money. If lawmakers and the governor decline, the funding goes straight to school districts.
"The money is going to flow," she said. "This is as frustrating for me as anybody, but in order for the Legislature to have any role in the process, we have to do this."
The federal funds are part of a $10 billion package approved by Congress earlier this year designed to help cash-strapped states avoid having to lay off teachers.
But there are some strings attached the money has to be spent to preserve jobs and states have to sustain certain funding levels creating consternation among lawmakers.
"I've got a lot of angst over that whole issue," said Sen. Margaret Dayton, R-Orem. "They're trying to dictate 100 percent of our policy and what do they give us, 8 percent of our budget? It's just not an appropriate arrangement."
Lawmakers don't like the federal involvement in Utah's education decisions, she said, but if state lawmakers don't vote to approve the money on Wednesday, they would be cut out of the decision-making process entirely.
Rep. Craig Frank, R-Cedar Hills, said the state shouldn't be forced to take federal funds and sees the issue as a "good opportunity to further push back against the federal government's intrusion into the state autonomy, and they just continue to do this."
At the same time, he said, he doubts there is much the Legislature can do.
"Do I want to accept these funds? No. Will I speak out against accepting these fed funds? Yes," he said. "Do I believe at the end of [Wednesday's] business we will have appropriated these funds? More than likely."
But lawmakers plan to still make a statement as they begrudgingly take the federal funds.
"The United States Congress and the United States government have consistently and routinely usurped the role of the states in our federal system," reads the resolution that will be voted on Wednesday. It goes on to state that the education funding plan "continues the circumvention process."
Outgoing House Speaker David Clark said it undermines the Legislature's budget authority, but he plans to "hold my nose and vote for this."
House Minority Leader David Litvack, D-Salt Lake City, said schools need the money and the criticism is "misplaced."
And Sen. Luz Robles, D-Salt Lake City, said that she is "not sure that this is the place … to get into such a political game. I find it a little disrespectful."
Legislative leaders and Gov. Gary Herbert expect to use about half of the money to make up for lower-than-expected income tax collections and send the remainder to school districts based on a formula.
Utah Education Association leaders have been urging lawmakers for months to act.
"The sooner we can get that money into classrooms the sooner it can begin helping kids and the economy," said Mike Kelley, UEA spokesman.
Some districts such as Davis, Millard and Box Elder plan to restore school days that were shaved from the calendar to cut costs. Others, like Alpine, Uintah and Wasatch, hope to hire teachers on one-year contracts.
Alpine has already hired 26 teachers and added aides as well. It has paid for the additions out of reserve funds in anticipation of the federal money coming in. District leaders also hope to be able to provide more help to students in need of additional math and reading instruction.
"The hope is the money does come in because it's needed," said Alpine spokeswoman Rhonda Bromley.
In a letter to colleagues Tuesday, Rep. Carl Wimmer, R-Herriman, claimed that Congress has "commandeered" state legislatures and urges his colleagues to "stand up and refuse the money."
He has argued that the state should file a lawsuit that, if successful, would allow Utah to reject the money, which he says increases the federal debt and undermines state authority.
Separate legal analyses by the Utah Attorney General's Office and the Office of Legislative Research and General Counsel, however, conclude that a legal challenge would be futile. Assistant Attorney General Jerrold Jensen wrote that the chance of the courts siding with the state is "about as close to zero as one can get."
Rep. Paul Ray, R-Clearfield, said he doesn't want to see the Legislature forced to take money from other programs like health and human services in the future to sustain the education funding levels.
"I think you'll see a big push from the more extreme side of the party [to reject the money] but I think we all realize that whether or not Utah accepts the money, our taxpayers are going to be paying for it," he said.
Lisa Schencker contributed to this report.
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