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 are to provide 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.

Programs Covered by the Ed-Flex Authority

Under Ed-Flex, a State educational agency (SEA) can waive local requirements of the following State-administered formula grant programs:

• Title I, Part A of the No Child Left Behind Act (other than sections 1111 and 1116) (Improving the Academic Achievement of Disadvantaged Children)
• Title I, Part B, Subpart 3 of the No Child Left Behind Act (Even Start Family Literacy Programs) (NOTE: Ed-Flex states may not waive requirements of the new Reading First or Early Reading First Programs (subparts 1 and 2 of Part B of Title I)
• Title I, Part C of the No Child Left Behind Act (Education of Migratory Children)
• Title I, Part D of the No Child Left Behind Act (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk)
• Title I, Part F of the No Child Left Behind Act (Comprehensive School Reform)
• Title II, Part A, Subparts 2 and 3 of the No Child Left Behind Act (Teacher and Principal Training and Recruiting)
• Title II, Part D, Subpart 1 of the No Child Left Behind Act (Enhancing Education through Technology)
• Title III, Part B, Subpart 4 of the No Child Left Behind Act (Emergency Immigrant Education, if this program is funded)
• Title IV, Part A, Subpart 1 of the No Child Left Behind Act (Safe and Drug-Free Schools and Communities)
• Title V, Part A of the No Child Left Behind Act (Innovative Programs)
• The Carl D. Perkins Vocational and Technical Education Act

Tips and Assistance

Technical assistance checklist for SEAs applying for Ed-Flex