The law requires annual math and reading tests in grades three through eight and once in high school. Schools that miss benchmarks face increasingly tough consequences, such as having to replace their curriculum, teachers or principals.

Earlier, Bush and Education Secretary Margaret Spellings met with civil rights leaders, educators and advocates for minority and disadvantaged students.

Almost everyone agrees the law should be changed to encourage schools to measure individual student progress over time instead of using snapshot comparisons of certain grade levels.

There also is broad agreement that the law should be changed so that schools that miss progress goals by a little don't face the same consequences as schools that miss them by a lot.

There are, however, deep divisions over some proposed changes, including merit pay for teachers and whether schools should be judged based on test scores in subjects other than reading and math.

Opponents to some of the legislative proposals come from the conservative and liberal wings of Congress.

National Urban League President Marc Morial, who was in the meeting with Bush, said the law hasn't been funded even to the levels authorized in the original legislation. But he and others did not lay the blame entirely at Bush's feet.

"Both Congress and the president should make the collective funding of this act a priority," Morial said.

Morial said he and others also talked to Bush about addressing the disparity in the amount of money committed to educating children in different parts of the country, and about strengthening a provision in the law calling for after-school services to help children who fall behind.

Bush listed several ways for enhancing the law:

_Give local leaders more flexibility and resources.

_Offer other educational options to families of children stuck in low-performing schools.

_Increase access to tutoring programs.

_Reward good teachers who improve student achievement in low-income schools.

_Expand access to advanced placement courses.

_Improve math and science instruction.

The president noted national test results released last month that showed elementary and middle schoolers posting across-the-board gains in math and more modest improvements in reading. But he also noted that nearly half of Hispanic and black students still do not graduate from high school on time.

In a statement Wednesday, Jacobs cited "multiple health problems" as a factor in Levy's resignation, but did not provide further details.

Levy has been under federal investigation for embellishing his Army service in Vietnam.

"The circumstances surrounding his resignation include multiple health problems, but were precipitated by a pending Federal Department of Veterans Affairs investigation," Jacobs said.

Last fall, the Press of Atlantic City reported that the Vietnam veteran's claims that he was a member of the Green Berets were untrue. He apologized, but federal authorities have been looking into whether the 64-year-old Levy made that claim to increase his veteran's benefit payments.

Jacobs said in the statement that the mayor was in discussions with the U.S. Attorney's Office about resolving the investigation in a "fair and expeditious" way. Levy allegedly took in about $25,000 in extra benefits payments as a result of the falsification.

No part of the investigation includes allegations of Levy's abuse of his position as mayor, his lawyer said.

Levy served in the United States Army for 20 years, form 1964-1984 and served two tours of duty in Vietnam, from which he received multiple medals, awards and citations, according to Jacobs.

"The pending investigation has called into question two of those awards, neither of which appear to be supported by an appropriate military order," said Jacobs.

Members of the city council had asked a judge to declare the mayor's office vacant and clear the way for the council president to take over as interim mayor.

Levy — who was missing for almost two weeks — was at home after leaving a Somerset County clinic known for treatment of substance abuse and mental health issues, according his lawyer.

Tuesday's revelation about Levy's whereabouts came after a brief conference with a state judge, who scheduled a Friday hearing to discuss a request by a city councilman to declare that the mayor had abandoned his office.

Craig said earlier he planned to resign Sept. 30, then left the door open to stay if he could successfully withdraw his plea.

Craig, serving his third term as senator, pleaded guilty in August to disorderly conduct following a June 11 sting operation in a men's room at the Minneapolis airport.

That he will stay in the Senate past Sunday was an unwelcome development for Senate Republican leaders who have made clear they wish Craig would step down and let Idaho's GOP governor, C.L. "Butch" Otter name a replacement.

Otter canceled an extended tour of the state's overcrowded prisons this week to interview some of the nearly 30 people _ including Lt. Gov. Jim Risch and Attorney General Lawrence Wasden _ who have publicly expressed interest in Craig's job.

"He wanted to be ready to act if we received a letter of resignation," said Jon Hanian, Otter's spokesman in Boise. "Obviously, we had not. ... Until he receives a letter of resignation, we have no vacancy, therefore, there is no replacement."

Senate Minority Leader Mitch McConnell, R-Ky., told reporters he had nothing to add to previous statements in which he said he thought Craig made the proper decision on Sept. 1, when he announced his intention to resign by month's end.

Sen. Mike Crapo, R-Idaho, Craig's strongest ally in the Senate, said that Craig, "like every citizen facing allegations, deserves to be able to fully defend himself."

Craig's lawyer, Billy Martin, said it is "near impossible, and it should be" for Craig to withdraw his plea. But he said his client's conduct _ shoe tapping and hand gestures under a men's room stall divider _ was not criminal.

The arresting officer described those gestures as signals recognized in the gay community as an invitation for sex. Craig has repeatedly said he is not homosexual.

Jim Weatherby, professor emeritus of political science at Boise State University, said Craig has been permanently weakened by the charges.

"How effective can he be, when his leadership wants him out?" Weatherby asked. "I suspect they would want to punish him further than the steps they've already taken."

Craig gave up his leadership posts on Senate committees after his arrest become public. Senate Republicans would have to vote to restore those posts, an action seen as highly unlikely.

A Vermont lawyer representing a client being held at Guantanamo, Cuba, is worried that his phone is being tapped by the federal government.

He ought to be. The federal government may have interpreted the revised federal surveillance law to allow it to wiretap the lawyers of Guantanamo prisoners.

The Vermont Public Service Board heard testimony last week about the suspicions of lawyer Bob Gensburg of St. Johnsbury, who says his phone line has inexplicably gone dead and has been subject to strange buzzing noises. Gensburg is one of Vermont's most respected lawyers, and he is not likely to be imagining these occurrences or to be making them up.

The PSB has already involved itself in the issue of unwarranted spying by the government, mounting an investigation into whether Verizon and AT&T had turned over phone calling records to the National Security Agency without warrants. The federal government has sued to block the PSB's investigation, and those in other states, on the grounds that it would jeopardize national security to talk about the activities of the telephone companies.

Mike McConnell, the director of national intelligence, may have undermined the government's case last month when he acknowledged in an interview that the telecommunications companies had helped the government carry out its program of warrantless electronic spying. It will be harder for the government to argue in court that it cannot talk about the phone companies' role now that the nation's spy chief has talked about it. The Public Service Board is now receiving briefs from the parties in the case in response to McConnell's admission.

Meanwhile, Gensburg wonders if his calls to Afghanistan on behalf of his client are being monitored by the government. If so, it would be an unconscionable breach of the lawyer-client privilege.

Gensburg is not the only Vermonter with connections to Afghanistan. Others have relatives working there or friends living there. One editor of our acquaintance telephoned a friend in Kabul within the past two years. The question inevitably arises: Was the telephone contact monitored or subject to the government's efforts at data mining?

Data mining and warrantless spying on international calls are being carried out in the name of the war on terrorism. So is the detention of Afghans and others at Guantanamo, without charges, with limited access to lawyers, and without recourse to the law. The possibility of unaccountable secret detention of American citizens still exists because of the erosion of the habeas corpus rights that are supposed to be part of our constitutional birthright. Last week the Senate failed to end a Republican filibuster of a bill authored by Sen. Patrick Leahy that would have restored our habeas corpus rights.

No one knows if Gensburg's phone has been tapped, but the Bush administration's disregard for constitutional protections creates an atmosphere of fear and suspicion that make the possibility seem real. One of the great advantages of a democracy is that we need not live in fear that the government will be rifling through our desk drawers or spying on private communications.

As for the telephone companies, it was their responsibility to know right from wrong and to stand up to the government when it sought their cooperation in illegal surveillance. The companies are seeking immunity in Congress for their actions. Instead, the investigations in Vermont and elsewhere need to move forward to hold those accountable, in government and the private sector, for actions that compromised our constitutional rights. No one in Vermont or anywhere else should have to fear that a phone call to Kabul is going to get them in trouble — unless the government has reasonable grounds to believe that a particular individual is actually involved in criminal activity.

For the government to monitor the phone calls of a lawyer or to cast out a vast electronic dragnet is for it to practice the methods of the Soviet Union or East Germany. The Vermont PSB now has an important role in checking the excesses of the government and private companies in spying on innocent Vermonters.

"This is getting serious," said Senator Amy Klobuchar, a Minnesota Democrat. "It is time for us to take action."

Senators also called for a revamping of the Consumer Product Safety Commission, including giving it the power to ban lead in all children's toys, funds to increase the number of inspectors at ports and compliance officers in the field, and providing better equipment and better staff for the testing laboratory.

Mattel, the nation's largest toy company, and other members of the Toy Industry Association, whose members are collectively responsible for 85 percent of toys sold in the United States, support a federal mandate that toys be tested by independent laboratories before they are sold.

Failure by all parties to properly do such testing has "left our companies, the industry and most importantly our children exposed," Carter Keithley, president of the Toy Industry Association, said in his testimony.

Gerald L. Storch, chairman of Toys "R" Us, said the government and toy manufacturers should find a way to hasten the recall of products after flaws are discovered.

"We are troubled by the possibility that we could be continuing to sell toys that someone knows may have a problem, while we remain unaware until we receive word that a recall is coming," Mr. Storch said.

The hearing took place in a crowded chamber framed by two illustrations propped up behind the senators: one with a photograph of the Consumer Product Safety Commission's sole full-time toy tester in a cramped, poorly equipped laboratory, and a second with a chart showing that most of the consumer products recalled in the United States since December came from China.

Nancy A. Nord, the acting chairwoman of the Consumer Product Safety Commission, said she agreed with many of the proposals to confront these two problems, acknowledging, for example, that the agency's laboratory in Gaithersburg, Md., is woefully inadequate.

"It is an incredibly inefficient facility," she said of the lab, which is in a 1950s-era former missile defense site outside Washington.

But Democrats and the one Republican senator at the hearing - held by a Senate Appropriations subcommittee - expressed frustration with progress enforcing safety rules, particularly concerning flawed goods from China.

"We need to start pulling the club out," said Senator Sam Brownback, a Kansas Republican who is a presidential candidate.

Ms. Nord said it would help if Customs and Border Protection, which has a much larger force of inspectors at ports, could do more to help enforce consumer safety laws. "We all understand that Customs' first responsibility is homeland security," she said, but added that her agency had so few employees at ports that it could do little on its own.

Mr. Eckert of Mattel was questioned about allegations that his company intentionally delayed notifying United States authorities about initial reports that some of its toys contained lead.

He acknowledged that one initial report about lead contamination of a toy destined for a retailer in France may not have been reported, as the company believed it had intercepted the product before it reached the market, and that this item was not being sold in the United States.

Mattel, he said, will now test every batch of its contractors' toys for lead, and require them to buy paint only from approved vendors. Auditors hired by the company will also spot-check contractors' factories in China, he said.

Senator Richard J. Durbin, Democrat of Illinois, praised the toy industry for acknowledging that hazardous toys are a real problem.

"There is no corporate denial here," he said. "There is no defensive crouch."

But Mr. Durbin said he was disappointed with Ms. Nord and the safety commission, which he said did not appear to be attacking the problem aggressively enough, including moving too slowly to institute and enforce a ban on lead in children's jewelry.

He also mocked a new agreement with Chinese officials to block lead in toys, saying that the Chinese government told his office the policy had long been in place.

What is clear, Mr. Durbin said, is that the consumer product regulatory system - which largely relies upon manufacturers, importers and retailers to police themselves and report hazardous products - has not worked well enough.

"Those who have argued for so many years that we have to get government out of our lives understand that there are moments when we need government, when we need someone to make certain that the products on the shelves are always going to be safe," he said at the close of the hearing. "We need to step up to that responsibility."