Education law could lead to vouchers, critics say. (In The Capital).

The Bush administration's education package, "The No Child Left Behind Act," is designed to ensure that public schools fail and may become a vehicle for vouchers, critics have asserted.

The U.S. Education Department issued final regulations for the law in late November. Many in the education community were surprised at the rigid and inflexible approach in the regulations. Among other things, they require that students in all socio-economic subgroups demonstrate steady proficiency in standardized tests. Critics say this goal could be impossible to meet, especially for special-education students and those who speak English as a second language.

Schools that fail to show progress face serious consequences. They are required to allow students to transfer to other public institutions and may have to pay for private tutoring. Schools deemed "failing" can also be converted into charter schools in some cases.

"There is a concern among states that this is really setting up a system where the states are going to be hard pressed not to fail, at least at the beginning of the law's implementation," Kristen Tosh Cowan, a Washington lawyer whose firm represents many state education departments, told The Washington Post.

Making matters worse, most states are facing budget deficits, making compliance with the law's costly mandates all the more difficult.

Some critics of the legislation believe it was designed to convince Americans that public education has failed, thus increasing support for vouchers. Eugene W. Hickok, undersecretary of education, denied that vouchers are the intent of the law but told the Baltimore Sun that school choice "should become a part of the culture of American education."

Bush advocated a voucher plan shortly after being elected but dropped it due to strong opposition in Congress. With Republicans in control of the House of Representatives and Senate, there is speculation that the proposal will resurface.