U.S. Secretary of Education Rod Paige today announced the state of Colorado has received Education Flexibility (Ed-Flex) Partnership authority from the U.S. Department of Education. Previously a "demonstration state" for the Ed-Flex program, Colorado now has the authority to waive certain federal requirements as a way to improve schools.

"Ed-Flex gives states that are committed to accountability and reform more flexibility to use federal resources to improve the quality of education for all children," Paige said. "But we have to see results. Under Ed-Flex and through President Bush's No Child Left Behind plan to strengthen schools and close the achievement gap, the Department of Education will work to give states greater flexibility in exchange for holding states and schools responsible for improving student performance."

With Ed-Flex authority, some states have granted statewide waivers to allow more flexible use of federal teacher training funds so that districts can better direct professional development dollars to those areas where they are needed most. Schools in other states have lowered teacher/student ratios or provided one-on-one reading tutoring under Ed-Flex waivers.

To qualify for Ed-Flex, states must hold children in schools that receive Title I funds to the same academic standards as children in other schools in the state. Title I is the $8.6 billion federal K-12 education program aimed at improving academic achievement among disadvantaged children.

States must also be ready to administer assessments, aligned to challenging academic standards, that measure student performance in at least math and reading. The assessments must include all students in schools that receive Title I funds, including those with disabilities and with limited English proficiency. The assessments must measure student performance at least three times, including once in elementary, middle and high school.

States that seek Ed-Flex authority also must show they can waive state education requirements that limit flexibility to improve schools. In addition, waivers must be tracked to ensure they improve student performance and must be revoked if they fail to do so.

The waivers apply to requirements under sections of the Elementary and Secondary Education Act and the Perkins Vocational and Technical Education Act. Civil rights and Individuals with Disabilities Act requirements cannot be waived, nor can waivers be used to undermine the purpose of a program.

Ed-Flex originally was authorized as a demonstration program in 1994. Under the demonstration program, 12 states (Colorado, Illinois, Iowa, Kansas, Maryland, Massachusetts, Michigan, New Mexico, Ohio, Oregon, Texas and Vermont) were granted Ed-Flex authority for five years.

The Ed-Flex Partnership Act of 1999 expanded the program and allowed any state that meets new eligibility criteria to receive waiver authority. To date, eight states have been granted the authority—Colorado, Delaware, Pennsylvania, Kansas, Massachusetts, North Carolina, Oregon and Texas.

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