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, in particular instances, impede local efforts to reform and improve education. It is designed to help Local Educational Agencies (LEAs) 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 Delaware Department of Education (DDOE) has been granted the authority by the United States Department of Education 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. There are two annual submission periods, once in the fall and again in the spring.
Waivers should be requested when a LEA or school believes that they are better able to meet the goals of their programs by implementing programs or features of those programs in ways that are not consistent with program regulations. Ed-Flex legislation permits Ed-Flex states to waive requirements of the following federal grant programs:
- Part A of Title I (other than sections 1111 and 1116) (Improving the Academic Achievement of Disadvantaged Children)
- Subpart 3 of Part B of Title I (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))
- Part C of Title I (Education of Migratory Children)
- Part D of Title I (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk)
- Part F of Title I (Comprehensive School Reform)
- Subparts 2 and 3 of Part A of Title II (Teacher and Principal Training and Recruiting)
- Subpart 1 of Part D of Title II (Enhancing Education through Technology)
- Subpart 4 of Part B of Title III (Emergency Immigrant Education, if this program is funded)
- Subpart 1 of Part A of Title IV (Safe and Drug-Free Schools and Communities)
- Part A of Title V (Innovative Programs)
- The Carl D. Perkins Vocational and Technical Education Act
An Ed-Flex waiver submitted by an LEA or school must provide DDOE with an application that:
- indicates each federal program that would be affected and each statutory or regulatory requirement that would be waived;
- describes the purposes and overall expected results of waiving each requirement;
- describes, for each year, specific, measurable educational goals for each LEA or school affected by the proposed waiver, and for the students served by the LEA or school who are affected by the waiver;
- explains why the waiver will assist the LEA or school in reaching these goals;
- describes how the the LEA or school provided notice and information regarding the waiver request to the public in a manner in which the LEA or school customarily provides similar notice and information to the public;
- describes the timeframe/duration of the requested waiver; and
- describes how the district will monitor the impact of the waiver on district and/or school goals.
LEAs may submit requests for waivers at any time. Waiver requests must be submitted in writing by the LEA superintendent or charter school director. All waiver requests must be addressed to the Secretary of Education, with a copy to the Associate Secretary for Education Supports and Innovative Practices. Once the request is reviewed, applicants will receive a written decision within 60 days.
If you have questions or require additional assistance, please contact 302-857-3320.
Education Supports and Innovative Practices Branch
Delaware Department of Education
Telephone: (302) 857-3320
Fax: (302) 739-1780