What is Ed-Flex?
The Education Flexibility (Ed-Flex) Partnership Demonstration Program was established by the Goals 2000: Educate America Act. In exchange for increased accountability for results, Ed-Flex provides greater State and local flexibility in using Federal education funds to support locally-designed, comprehensive school improvement efforts.Ed-Flex gives partnership States the power to waive requirements of certain federal education programs, including the Title I program and the Eisenhower Professional Development program. Without Ed-Flex, States and school districts may ask the Secretary of Education to waive these requirements; with Ed-Flex, States have the authority to make those decisions at the state level.
Specifically, Ed-Flex allows the Secretary of Education to delegate, to up to twelve States, the authority to waive certain Federal statutory or regulatory requirements affecting the State and local school districts and schools. A State that has developed a comprehensive school improvement plan that has been approved by the Secretary may apply for Ed-Flex. In addition, a State applying for Ed-Flex must have the authority to waive its own statutory or regulatory requirements, while holding districts and schools affected by the waivers accountable for the academic performance of their students.
Ed-Flex can help participating States and local school districts use Federal funds in ways that provide maximum support for effective school reform based on challenging academic standards for all students. Ed-Flex partnership States named to date include Colorado, Kansas, Maryland, Massachusetts, New Mexico, Ohio, Oregon, Texas, and Vermont.
Which Federal Education Program Requirements May be Waived under Ed-Flex?
Under Ed-Flex, a State may waive requirements relating to several programs:- Title I of the Elementary and Secondary Education Act (ESEA), including:
- Part A (Helping Disadvantaged Children Meet High Standards)
- Part B (Even Start)
- Part C (Migrant Education)
- Part D (Neglected, Delinquent, and At-Risk Youth)
- Title II of the ESEA (Eisenhower Professional Development)
- Title IV of the ESEA (Safe and Drug-Free Schools and Communities)
- Title VI of the ESEA (Innovative Education Program Strategies)
- Title VII, Part C of the ESEA (Emergency Immigrant Education)
- The Carl D. Perkins Vocational and Applied Technology Education Act
A State may also waive certain requirements of the General Education Provisions Act (GEPA) and the Education Department General Administrative Regulations (EDGAR) applicable to the covered programs.
Before granting a waiver, a State must first determine that the underlying purposes of the affected program will continue to be met.
What Requirements May Not Be Waived?
While the Ed-Flex waiver authority is broad, the law makes clear that some requirements may not be waived, including those pertaining to health, safety, and civil rights. In addition, the Individuals with Disabilities Education Act (IDEA) is not covered by Ed-Flex. Importantly, Ed-Flex does not, in any way, alter the obligations of a participating State with respect to any civil rights-related court orders. Such waivers would not be consistent the purpose of the Ed-Flex demonstration, which is to strengthen effective school reform efforts for all children.The strong involvement of parents in their children's education is vital to successful school improvement efforts. The law makes clear that participating States are prohibited from waiving requirements relating to parental participation and involvement.
What Are Some Examples of Waivers That Can Be Given?
Here are some waivers that have been approved by the Secretary, and which are representative of the types of waivers an Ed-Flex State might consider in order to improve teaching and learning for its students:- The Fort Worth, Texas School District received a waiver allowing it to target an extra portion of its Title I dollars to four high poverty, inner-city elementary schools. The schools were chosen for a complete overhaul due to low achievement on the Texas Assessment of Academic Skills (TAAS) and other factors. Each school uses Title I funds to improve instruction for all its students and is reorganizing staff, lengthening the school year, enhancing instruction in reading and math, providing extensive teacher training, and strengthening links to the community.
- Montgomery County Schools in Troy, North Carolina received a waiver permitting Troy Elementary School to implement a schoolwide program even though the percentage of children from low-income families at the school (45.75%) is slightly below the statutory minimum poverty threshold required for schoolwide programs. The school has undergone extensive planning to implement its schoolwide program, which promotes the integration of resources and emphasizes continual assessments of students' progress.
- As part of Oregon's comprehensive school improvement efforts, the Oregon Department of Education received a waiver of certain requirements of the Carl D. Perkins Vocational and Applied Technology Education Act. The waiver allows consortia of school districts and community colleges, based on Oregon's workforce development regions, to qualify for and receive Federal funds under the Perkins Act. The waiver also enables small community colleges to join these consortia by allowing all participating institutions in a consortium to contribute to the $50,000 the law otherwise requires each postsecondary institution to contribute. The consortia will use the Perkins funds to strengthen vocational education programs for both high school and postsecondary school students.
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Last Updated -- March 17, 1997