FR Doc 04-6139
[Federal Register: March 18, 2004 (Volume 69, Number 53)]
[Notices]
[Page 12840-12841]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr04-41]
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DEPARTMENT OF EDUCATION
State Flexibility Demonstration Program and Local Flexibility
Demonstration Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice inviting applications.
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Purposes of the Programs: To give selected State educational
agencies (SEAs) and local educational agencies (LEAs) greater
flexibility in the use of Federal funds to (1) improve and be
accountable for the academic achievement of all students, especially
disadvantaged students; (2) improve teacher quality and subject-matter
mastery, especially in mathematics, reading, and science; (3) better
empower parents, educators, administrators, and schools to address
effectively the needs of their children and students; and (4) narrow
achievement gaps between the lowest- and highest-achieving groups of
students so that no child is left behind.
Eligible Applicants: SEAs (for the State Flexibility Demonstration
program (State-Flex)) and LEAs (for the Local Flexibility Demonstration
program (Local-Flex)), subject to the following conditions:
(1) If an LEA has entered into a Local-Flex agreement with the
Secretary, its SEA may subsequently seek State-Flex authority only if
the LEA's Local-Flex agreement is incorporated as one of the proposed
performance agreements in the SEA's State-Flex proposal. At this time,
the Seattle School District is the only LEA that has entered into a
Local-Flex agreement.
(2) If an SEA has received State-Flex authority from the Secretary,
its LEAs may not apply to the Department for Local-Flex. Rather, in
these States, four to ten LEAs (at least half of which must be high-
poverty LEAs) enter into a local performance agreements directly with
their SEA. At this time, the Florida Department of Education is the
only SEA that has received State Flexibility Authority from the
Secretary. Thus, LEAs in Florida may not apply for Local-Flex. However,
LEAs in other States are not precluded from applying for Local-Flex at
this time.
(3) SEAs in Hawaii, Puerto Rico, and the Outlying Areas (as defined
in Section 9101(30) of the Elementary and Secondary Education Act of
1965, as amended (ESEA) (20 U.S.C. 7801(30)) are not eligible to apply
for State-Flex because they do not have the minimum number of LEAs
required for State-Flex authority. By statute, the District of
Columbia, Hawaii, Puerto Rico, and the Outlying Areas are also not
eligible to apply as LEAs for Local-Flex.
Number of State-Flex and Local-Flex Applications that the
Department May Approve: The Secretary may grant State-Flex authority to
up to seven SEAs. Six grants of authority remain available.
The Secretary may enter into Local-Flex agreements with up to
eighty LEAs, but no more than three LEAs in a given State.
[[Page 12841]]
The Department is conducting the State-Flex and Local-Flex
competitions simultaneously to enable both SEAs and LEAs to take
advantage of these flexibility programs at the earliest possible date.
Before applying for Local-Flex, an LEA should contact its SEA to
determine whether the State will seek State-Flex authority. If the SEA
intends to apply for State-Flex, the SEA and LEA should consider
including the proposed local performance agreement as part of the
State-Flex application. Similarly, an SEA should notify all of its LEAs
if it intends to apply for State-Flex so that it may coordinate with
those LEAs that are interested in seeking additional flexibility.
Applications Available: March 18, 2004.
Deadline for Transmittal of Applications: There is no specific
application deadline. Applications will be reviewed on a rolling basis
as they are received until the maximum number of State-Flex and Local-
Flex proposals authorized by the statute have been approved. We
anticipate that we will complete the review of an application within 60
days of its receipt by the Department.
SUPPLEMENTARY INFORMATION: Sections 6141 through 6144 of the ESEA (20
U.S.C. 7315-7315c) allow the Secretary to grant State-Flex authority,
on a competitive basis, to up to seven SEAs. The Secretary will select
the State-Flex States on the basis of the selection criteria in the
State-Flex application package.
Under State-Flex, an SEA receives the authority to consolidate
certain Federal education funds that are provided for State-level
activities and State administration and use those funds for any
educational purpose authorized under the ESEA in order to meet its
State's definition of adequate yearly progress (AYP) and advance the
education priorities of the State and its LEAs. A State-Flex State may
also specify how its LEAs will use funds received under Part A of Title
V (State Grants for Innovative Programs) of the ESEA. In addition, an
SEA with State-Flex authority enters into local performance agreements
with four to ten of its LEAs (at least half of which must be high-
poverty LEAs), giving those LEAs the flexibility to consolidate certain
Federal education funds for any educational purpose permitted under the
ESEA in order to meet the State's definition of AYP and specific,
measurable goals for improving student achievement and narrowing
achievement gaps.
Sections 6151 through 6156 of the ESEA (20 U.S.C. 7321-7321e)
authorize the Secretary to enter into Local-Flex agreements with up to
eighty LEAs. These agreements, like the local performance agreements
under State-Flex, give the LEAs the authority to consolidate certain
Federal education funds and to use those funds for any purpose under
the ESEA in order to assist the LEAs in meeting the State's definition
of AYP and specific, measurable goals for improving student achievement
and narrowing achievement gaps. The Secretary will select the remaining
Local-Flex LEAs on the basis of the selection criteria in the Local-
Flex application package.
Competitive Preference in Future Grant Competitions: Because State-
Flex and Local-Flex participants have undergone comprehensive planning
to improve teacher quality and the academic achievement of all
students, especially disadvantaged students, and are held to a higher
degree of accountability, the Secretary intends to give them a
competitive preference in future grant competitions for Federal
education funding in which SEAs and LEAs are eligible applicants, to
the extent that the competitive preference would further the intent and
purposes of the respective grant programs. Where appropriate, the
Secretary plans to establish the competitive preferences in the
individual program notices announcing future competitions.
FOR FURTHER INFORMATION CONTACT: Ms. Jill Staton, U.S. Department of
Education, Office of Elementary and Secondary Education, 400 Maryland
Ave., SW., Rm. 3E213, Washington, DC 20202-6400. Telephone: (202) 401-
0039 or via Internet: LocalFlex@ed.gov; StateFlex@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this notice in an alternative
format (e.g., Braille, large print, audiotape, or computer diskette) on
request to the contact person listed above.
Applications: You may obtain a copy of the application package on
the Department's Web site at: State Flexibility Demonstration Program
http://www.ed.gov/programs/stateflex/applicant.html; Local Flexibility
Demonstration Program http://www.ed.gov/programs/localflex/applicant.html
You may also obtain a copy of the application from the contact
person identified under FOR FURTHER INFORMATION CONTACT. Instructions
for submitting applications are included in the application package.
Electronic Access to this Document: You may view this document, as
well as other Department of Education documents published in the
Federal Register, in text or Adobe Portable Document Format (PDF) on
the Internet at the following site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll-free, at 1-888-293-6498; or in
the Washington DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official version of the Federal Register and the Code of Federal
Regulations is available on GPO access at: http://www.gpoaccess.gov/nara/index.html.
Program Authority: 20 U.S.C. 7315-7315c for State-Flex, and 20
U.S.C. 7321-7321e for Local-Flex.
Dated: March 10, 2004.
Raymond Simon,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 04-6139 Filed 3-17-04; 8:45 am]
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