A r c h i v e d  I n f o r m a t i o n

Ed-Flex Partnership Demonstration Program Resources

Background

The Education Flexibility Partnership Demonstration Program (Ed-Flex) is similar to the other waiver authorities administered by the Department with one notable and significant exception: The State rather than the Department is the entity provided with the authority to decide whether a requested waiver meets the intents and purposes of the legislation and holds reasonable promise for increasing student achievement and meeting related academic goals.

Through Section 311(e) of the Goals 2000: Educate America Act, the Secretary has delegated to 12 States (the maximum number allowed by statute) the authority to waive for their school districts and schools statutory and regulatory requirements of certain programs of ESEA and the Carl D. Perkins Vocational and Applied Technology Education Act and general administrative regulations applicable to these programs. This Ed-Flex authority was limited to five years.

To be eligible to receive Ed-Flex authority under the Demonstration Program, a State educational agency must have had an approved Goals 2000 comprehensive improvement plan and possess the authority to waive State education requirements.

While the Ed-Flex waiver authority is broad, certain fundamental requirements may not be waived, including those pertaining to health, safety, and civil rights, provisions of the Individuals with Disabilities Education Act (IDEA), and requirements relating to parental participation and involvement. Before a State may grant a waiver of any program requirement, it must determine that the underlying purposes of the affected program would continue to be met. States also may not waive requirements pertaining to the SEA; Ed-Flex provides them with the authority to waive requirements for districts and schools.

Each Ed-Flex State is required to report annually on its monitoring of waivers it granted. Through these reports, States have provided information about how Ed-Flex has supported the implementation of standards-based reform. Ed-Flex States are also required to report on the achievement results of schools and districts that have had waivers in place for two school years.

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