Colorado Ed-Flex Program

Colorado Ed-Flex Program 

In 1999, Congress passed the Education Flexibility Partnership Act. The Ed-Flex Program allows the Secretary of Education to delegate to states, with strong accountability measures, the authority to waive certain federal education requirements that may impede local efforts to reform and improve education. It is designed to help districts 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

• Colorado was one of the original 9 states that were approved for this authority and has been an Ed-Flex state since 2001.
• The U.S. Department of Education (ED) has invited all states to apply for Ed-Flex authority. 
• Ed-Flex authority has no impact on the amount of funds that the State or LEAs receive through Elementary and Secondary Education Act (ESEA), reauthorized as the Every Student Succeeds Act (ESSA) in 2015. However, the flexibility provided through Ed-Flex Authority may impact how districts choose to use their ESEA funds.

Ed-Flex authorizes States to waive certain requirements of the following grant programs:

• Title I, Part A: Improving Basic Programs Operated by LEAs (other than section 1111)
• Title I, Part C: Education of Migratory Children
• Title I, Part D: Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk
• Title II, Part A: Supporting Effective Instruction
• Title IV, Part A: Student Support and Academic Enrichment Grants
• The Carl D. Perkins Career and Technical Education Act

Ed-Flex program does not authorize an SEA to waive any statutory or regulatory requirements related to:

• Standards, Assessments, and Accountability requirements under section 1111 of the ESEA
• Maintenance of effort
• Comparability of services
• Equitable participation of students and professional staff in private schools
• Parental participation and involvement
• Distribution of funds to LEAs
• Serving eligible school attendance areas in rank order in accordance with section 1113(a)(3) of the ESEA
• The selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the ESEA, except that a SEA may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such subsections
• Use of Federal funds to supplement, not supplant, non-Federal funds
• Applicable civil rights requirements
• Any program requirements that apply to the SEA.

Exercising Ed-Flex in Colorado

Colorado LEAs may submit an application for flexibility from ESEA requirements, other than the prohibited ones listed above. If your district is experiencing challenges and needs flexibility, please consider submitting an Ed-Flex waiver to the CDE Federal Programs and Supports Unit. All waiver forms are located on the Waivers for the Consolidated Application webpage.

Waiver Deadlines

CDE accepts Ed-Flex waivers on a rolling basis and will review them within two weeks of receipt.

Examples of Waiver Requests CDE Has Received and Approved

• Title I, Part A 15% carryover restriction:
  • ESEA restricts LEAs from carrying over more than 15% of their Title I allocation into the next fiscal year.
  • Districts may only apply for this waiver once every 3 years.
• Title I, Part A 40% Schoolwide poverty threshold:
  • Districts with approved waivers may administer a Schoolwide program in schools with a poverty rate lower than 40%.
  • Once a school is designated as Schoolwide, they can continue that program regardless of fluctuations in their poverty rate.

For Additional Information Contact: