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Colorado Ed-Flex Program
Notice to Provide Public Comment on Colorado's Draft Ed-Flex Application
The Colorado Department of Education is applying to the United States Department of Education (USDE) for the authority to grant waivers for certain provisions of federal programs in the Consolidated Application. This authority is called Ed-Flex and is made available to states through the Education Flexibility Partnership Act of 1999, as updated by ESSA in 2015. USDE has granted Colorado Ed-Flex authority since 2001. We are applying to USDE to renew that authority.
Ed-Flex is a program that allows the US Secretary of Education to delegate to states with strong accountability safeguards the authority to waive certain federal education requirements that may impede local efforts to reform and improve education. It is designed to help districts and schools carry out educational reforms and raise the achievement levels of all children by providing increased flexibility in the implementation of federal education programs in exchange for enhanced accountability for the performance of students. Ed-Flex is not a funding program. Rather, it is a program that delegates to states the authority to grant waivers of certain federal requirements.
The public comment period has closed for the Colorado Draft Ed-Flex Application.
All comments received will be reviewed by CDE and included with the application to USDE. CDE may, when appropriate, make adjustments to the State application based on the comments received.
If you have any questions, please email ESSAquestions@cde.state.co.us.
In 1999, Congress passed the Education Flexibility Partnership Act. The Ed-Flex Program allows the Secretary of Education to delegate to states, with strong accountability measures, the authority to waive certain federal education requirements that may impede local efforts to reform and improve education. It is designed to help districts and schools carry out educational reforms and raise the achievement levels of all children by providing increased flexibility in the implementation of federal education programs in exchange for enhanced accountability for the performance of students
- Colorado was one of the original 9 states that were approved for this authority and have been an Ed-Flex state since 2001.
- In past years, States have been able to renew their Ed-Flex authority through a streamlined process.
- Now the USDE is inviting all states to apply for Ed-Flex authority and is implementing a new application and approval process.
- Ed-Flex authority has no impact on the amount of funds that the State or LEAs receive through ESEA Programs. However, the flexibility provided through Ed-Flex Authority may impact how districts choose to use there ESEA funds.
- CDE is working with several stakeholder groups to examine the ESSA legislation for potential waiver areas where Ed-Flex Authority may be used to increase the flexibility school districts have in implementing ESSA programs.
Ed-Flex authorizes States to waive certain requirements of the following grant programs:
- Title I, Part A: Improving Basic Programs Operated by LEAs (other than section 1111)
- Title I, Part C: Education of Migratory Children
- Title I, Part D: Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk
- Title II, Part A: Supporting Effective Instruction
- Title IV, Part A: Student Support and Academic Enrichment Grants
- The Carl D. Perkins Career and Technical Education Act
Ed-Flex program does not authorize an SEA to waive any statutory or regulatory requirements related to:
- Standards, Assessments, and Accountability requirements under section 1111 of the ESEA
- Maintenance of effort
- Comparability of services
- Equitable participation of students and professional staff in private schools
- Parental participation and involvement
- Distribution of funds to LEAs
- Serving eligible school attendance areas in rank order in accordance with section 1113(a)(3) of the ESEA
- The selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the ESEA, except that a SEA may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such subsections
- Use of Federal funds to supplement, not supplant, non-Federal funds
- Applicable civil rights requirements
- Any program requirements that apply to the SEA.
Examples of waiver requests CDE has received and approved in the past:
- Title IA 15% carryover restriction (ESSA restricts LEAs from carrying over more than 15% of their Title I allocation into the next fiscal year).
- Districts may only apply for this waiver once every 3 years
- Title IA 40% Schoolwide Poverty threshold
- Districts with approved waivers may administer a Schoolwide program in schools with a poverty rate lower than 40%
- Once a school is designated as Schoolwide, they can continue that program regardless of fluctuations in their poverty rate
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