State and federal officials could be close to reaching a deal that would give Utah educators more wiggle room to comply with the federal No Child Left Behind law.

Turns out, long-distance negotiations involving the governor's office, state Office of Education and the U.S. Department of Education have been making progress - enough so that federal officials have shelved plans to visit Salt Lake City this week.

"We were pleasantly surprised at the level of concessions and flexibility they have indicated," Tim Bridgewater, Gov. Jon Huntsman's deputy for public education, said Tuesday. "By the end of this week, we may be able to make an announcement."

The talks didn't stop the Utah House from unanimously passing a bill Tuesday that says state priorities trump No Child Left Behind (NCLB) - even if it means breaking the federal law.

Utah wants freedom to use state definitions for so-called "highly qualified teachers" and school quality instead of definitions prescribed in NCLB.

This marks the second year that Rep. Margaret Dayton has challenged President Bush's pet education reform law as an expensive intrusion on state authority.

Last year, the Orem Republican proposed boycotting NCLB. The measure lost steam after Washington threatened to withhold $106 million in federal funding for disadvantaged students and other groups.

Before Tuesday's floor debate, a representative asked how Dayton would feel about amending this year's bill to take a second stab at opting out of NCLB.

"I would consider that a friendly amendment. However, we are dealing with the reality of federal funding to a state that is financially stressed," Dayton said.

Instead, House Bill 135 directs the state Office of Education and local school districts to follow state education priorities even if it means defying NCLB.

"The goal of this bill is to interpret the provisions of federal policies in the best interest of students in this state," Dayton said.

Whether the feds accept that stand remains to be seen. Calls to the department were not returned Tuesday. However, they recently broke from previous hard-line stands and eased up on teacher-quality standards for North Dakota.

In fact, Utah and eight other states are considering legislation challenging NCLB. Other states are watching to see if the defiance convinces the federal government to be more flexible with its requirements, said Scott Young, an education policy analyst with the National Conference of State Legislatures.

"It sets the stage for what other states will do down the line," he said.

In Utah, HB135 would order the state Office of Education and local districts to request waivers from NCLB provisions that require state funding or conflict with state policies. For example, the state office could refuse to spend money and staff time on gathering files and data for an upcoming review of how Utah manages programs funded by federal money.

State schools Superintendent Patti Harrington said it would cost Utah staff time plus $439,000 to hire standardized-testing experts needed to meet the U.S. Department of Education's specifications for the review.

"If we had nothing else to do and were flush with cash, I guess that would be fine, but I really resist that we would put the peer review ahead of what really matters," Harrington said Tuesday.

Instead, she would direct her staffers to assemble an abbreviated version of the department's request and devote the bulk of their time to state priorities, such as developing a system that allows parents and teachers immediate online access to students' academic performance.

Dayton's bill cleared the House 73-0, but not everyone supports it.

The West Valley City Council recently adopted a resolution opposing legislative efforts to relax Utah's compliance with the law.

rlynn@sltrib.com

What Is

No Child Left Behind?

l Federal mandate The 2001 federal law requires public schools nationwide to improve standardized test scores every year for all racial groups, English learners and students with disabilities.

High-poverty schools that don't meet federal standards for two straight years must pay transportation costs for students to transfer to higher-performing schools.