The Legislature of the State of Utah is ready to sign an important piece of legislation that has already begun making headlines in education circles. The news is also garnering cheers from teachers countrywide. If the bill, introduced by 55 year-old mother of twelve, Representative Margaret Dayton, is passed the state stands to lose almost $116 million dollars in federal aid. Why would any state risk losing federal funding? They are taking this step for a very good reason; they are challenging the national act of “No Child Left Behind.” Utah, invoking the nation’s policy of states’ rights, wants to be able to make their own decisions and clarifications on the definitions of “highly qualified teachers” and “quality schools.” Many prominent educators feel that other states will quickly follow Utah’s path.

In a country where learning disabled students and non-English speaking students are grouped into regular classrooms, it becomes problematic for so-called standardized testing to be administered to all. Like clothing, one size, (or test), does not fit all.

It is unfair and almost cruel to expect a student with learning disabilities to pass the same test as an honor roll student. The idea that we are all created equal intellectually is a myth. Learning abilities are not equally distributed and the process of becoming proficient in any given subject varies from child to child.

The idea that ESL, (English as a Second Language), students will become proficient in English in one year’s time, enabling them to take the same test as would a native speaker, is also not feasible. Again, learning ability plays a part and even the brightest ESL students have a great deal of difficulty achieving the goal of the one –year-to-learn-English timetable.

Utah is taking the right approach in the area of education. Each state should decide what constitutes a “highly qualified teacher” and “quality schools” according to their own state standards, adjusting them for the demographics of their various cities and towns accordingly.

While there is no doubt that the United States Department of Education should have the right to monitor each state and insist upon the highest quality possible in the hiring of teachers and educational methods, it should not have the right to impose an act such as No Child Left Behind on a state or penalize those which choose not to adhere to the act.

No Child Left Behind is ambiguous at best and detrimental to children in the long run. Socio-economic factors, learning disabilities, and language barriers are areas that the act does not take into consideration. The nation’s children would best be served by having the act, if not revoked, then revised. Insisting on having all children fit a preconceived mold is the same as putting the proverbial square peg in a round hole: it just won’t work.

Representative Dayton and the State of Utah are taking a giant step forward in addressing a national plan that is not working. It is a shame that their school system may be penalized because they are standing up for what they believe is right for their children.