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House approves bill limiting Utah’s obligations under No Child Left Behind while preserving Title I funds

Utah House of Representatives · February 10, 2004
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Summary

The House passed a substituted version of House Bill 43 that offers 'No Child Left Behind options' intended to avoid unfunded state obligations while retaining federal Title I funds; the vote was 64–8 and the measure is scheduled for Senate consideration.

The Utah House of Representatives voted 64–8 on Feb. 20 to pass the first substitute to House Bill 43, a measure sponsored by Representative Margaret Dayton that reframes an earlier "opt out" proposal as a set of state "options" for responding to the federal No Child Left Behind Act.

Dayton told the House the substitute title and language were crafted to avoid jeopardizing roughly $106,000,000 in Title I funds while reserving the state's discretion over whether to accept and fund federal mandates. "We are not going to participate where there is not adequate federal funding," Dayton said, arguing the substituted bill would protect state stewardship of education resources while allowing participation in funded programs.

Floor debate was extensive. Representative Dougal moved Amendment No. 2 to clarify the bill’s aim to improve academic performance for all students; supporters said the change would guard against narrowing resources to remediation only. That amendment failed on the floor. Representative Holdaway later offered a substitute amendment (Amendment No. 3) that would have delayed implementation to July 2005 and required a State Office of Education analysis; lawmakers divided that substitute and the body rejected parts of it after debate and a series of votes.

Opponents, including Representative Christiansen, warned that changing participation criteria could jeopardize existing program funding and urged caution about unintended consequences. Supporters including Representative Dougal and Representative Snow said the bill was a necessary assertion of local control and a response to what they characterized as growing federal intrusion into education policy.

The House recorded the final passage of the substituted bill 64 yes and 8 no; the measure will be forwarded to the Senate for further consideration.