- What is the Local Flexibility Demonstration
Program?
The Local Flexibility Demonstration Program (Local-Flex) is authorized
under the Elementary and Secondary Education Act of 1965 (ESEA) as
amended by the No Child Left Behind Act of 2001. It is a program that
provides participating local educational agencies (LEAs) with unprecedented
flexibility to consolidate certain Federal education funds and to
use those funds for any educational purpose under the ESEA in order
to meet the State’s definition of adequate yearly progress and
attain specific measurable goals for improving student achievement
and narrowing achievement gaps. Local-Flex is not a funding program.
Rather, it is an authority that allows LEAs to consolidate certain
local-level Federal funds they already receive.
- What is the purpose of
the Local Flexibility Demonstration Program?
The Local Flexibility Demonstration Program gives selected 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.
- Which formula grant funds can participating
LEAs consolidate under Local-Flex?
Participating LEAs can consolidate formula grant funds under
the following programs:
- Subpart 2 of Part A of Title II (Improving Teacher Quality/Teacher
and Principal Training and Recruitment)
- Subpart 1 of Part D of Title II (Ed Tech Enhancing Education
Through Technology)
- Subpart 1 of Part A of Title IV (Safe and Drug-Free Schools
and Communities)
- Subpart 1 of Part A of Title V (Innovative Programs)
- Who is eligible?
LEAs are the eligible applicants for this program.
If an LEA has entered into a Local-Flex agreement with the Secretary,
its SEA may subsequently seek State-Flex authority only if that LEA
agrees to have its Local-Flex agreement submitted as one of the proposed
performance agreements in the SEA's State-Flex application. At this
time, the Seattle School District is the only LEA that has entered
into a Local-Flex agreement.
If a State educational agency (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 local performance agreements
directly with their SEA.
Note: By statute, the District of Columbia, Hawaii, Puerto Rico,
and the Outlying Areas are not eligible to apply as LEAs for Local-Flex.
- What are some benefits of having
Local-Flex authority?
Although Local-Flex authority will not bring in extra dollars
to an LEA, it will allow the district to consolidate specific federal
formula funds to meet local priorities and to target these funds
where they are most needed. For example, Local-Flex authority allows
a district to supplement ESEA Title I programs by offering needed
services to students who are most at-risk of not meeting challenging
state standards. Local-Flex also broadens the ability to target
the use of funds to student subpopulation groups outside of eligible
and participating public schools by allowing the LEA to have more
flexible resources that support district-wide initiatives. Local-Flex
can also promote greater stability in educational programs by receiving
program approval for up to five years.
- How many Local-Flex agreements may
the USDOE approve?
The Secretary may enter into Local-Flex agreements with up to eighty
LEAs, but no more than three LEAs in a given state. As of this date,
Seattle is the only district that has been approved for Local-Flex.
- What is the duration of
a Local-Flex agreement?
The agreement is for a five-year period. Although the No Child Left
Behind Act will be considered for reauthorization in 2007, Local-Flex
agreements that are approved now will continue for their full five-year
time frame.
-
Does Local-Flex offer benefits to private
school students and staff?Are private schools eligible?
Section 6151(c)(8) of the ESEA requires an LEA, in consolidating
and using funds under its Local-Flex agreement, to provide for the
equitable participation of private school students and staff consistent
with section 9501 of the ESEA. Sections 9502, 9503, and 9504 apply
to all services and assistance provided with the consolidated funds.
To meet this requirement, an LEA must first determine the amount
of funds that are generated by private school students under the programs
that the LEA plans to consolidate. (See the special provision in section
9501(b)(3) regarding Part A of Title II.) The LEA must reserve these
funds for the benefit of private school students and teachers. Thus,
the total amount of funding that is used for the benefit of private
school students and teachers is not affected by an LEA’s participation
in Local-Flex.
An LEA must engage in timely and meaningful consultation with private
school officials to determine how these reserved funds should be expended
for the benefit of private school students and teachers. These funds
may be used for an authorized activity under any ESEA program in which
private school students and teachers are eligible to receive benefits,
and need not be the same activities or programs for which an LEA uses
its consolidated funds for public schools.
- Should Local-Flex and State-Flex
applicants coordinate?
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.
To apply for State-Flex, an SEA must have local performance agreements
with four to ten LEAs, at least half of which must be high poverty
LEAs.
- What are the requirements for submitting
a Local-Flex application?
To be considered for participation in the Local-Flex program, you
must propose a five-year Local-Flex plan. The plan should be developed
based on identified needs and careful analysis of baseline academic
data. This information should be used to formulate the LEA’s
educational priorities and goals, and to identify appropriate strategies
for narrowing achievement gaps and meeting the State’s definition
of adequate yearly progress. Parents, teachers, and representatives
of schools must be provided with notice and an opportunity to comment
on the proposed terms of the Local-Flex agreement.
The plan should contain a narrative that
addresses the application requirements and selection criteria, and
contains the following information:
(a) baseline academic data for the most recent available school
year, as well as descriptions of achievement trends;
(b) specific, measurable educational goals, with annual objectives
that you seek to achieve by consolidating and using funds in accordance
with the terms of its proposed agreement (note: the goals must relate
to raising student achievement and narrowing achievement gaps relative
to the baseline achievement data that are submitted);
(c) strategies for meeting the goals and general purposes of the consolidated
programs;
(d) a five-year budget for the activities you are proposing to support
- On what basis will the USDOE select
an LEA for participation?
The Secretary will select LEAs on the basis of the selection criteria
in the Local-Flex application package using a peer review process.
The Secretary will use the following criteria to select the LEAs
to which she will grant Local-Flex authority:
- Identification of need for the Local-Flex agreement;
- Quality of the educational goals;
- Quality of the Local-Flex plan; and
- Adequacy of the resources.
For further information regarding the selection criteria, see pages
D-6 to D-7 in the application package at http://www.ed.gov/programs/localflex/applicant.html
- Is Local-Flex the same as transferability
authority?
No. Transferability authority is an ESEA flexibility authority that
allows States and local educational agencies to transfer a portion
of the funds that they receive under certain Federal programs to other
specified programs that most effectively address their unique needs
and to allocations for certain activities under Title I. In comparison,
Local-Flex allows the use of 100% of certain program funds for any
purpose authorized under Elementary and Secondary Education Act of
1965 (ESEA), as amended by the No Child Left Behind Act of 2001.
Using transferability authority, an LEA (except an LEA identified
for improvement under 1116(c) or subject to corrective action under
section 1116(c)(9)) may transfer up to 50 percent of the funds allocated
to it by formula under certain provisions identified in the
statute. In general, an LEA may transfer up to 50 percent of each
fiscal year’s funds it receives by formula under the
following provisions:
- Section 2121 (Improving Teacher Quality/Teacher and Principal
Training and Recruitment State Grants)
- Section 2412(a)(2)(A) (Enhancing Educational Through Technology)
State Grants)
- Section 4112(b)(1) (Safe and Drug-Free Schools and Communities)
- Section 5112(a) (State Grants for Innovative Programs)
An LEA identified for improvement under section 1116(c)(3) may transfer
up to 30 percent of each fiscal year’s funds it receives by
formula under the provisions listed above. An LEA identified
for corrective action under 1116(c)(10) may not transfer any funds.
For more information on transferability authority visit http://www.ed.gov/programs/transferability/index.html.
- Would an LEA taking part in the
Rural Education Achievement Program (REAP) gain additional benefits
from applying for Local-Flex?
No. Local-Flex would provide no additional benefits
to an LEA that is already participating in REAP. LEAs with REAP-Flex
already have comparable flexibility in the use of funds under the
covered programs (Title II Part A, Title II Part D, Title IV Part
A, and Title V Part A).
Part B of Title VI of the reauthorized ESEA contains three separate
Rural Education Achievement Program (REAP) initiatives that are designed
to help rural districts that may lack the personnel and resources
to compete effectively for Federal competitive grants and that often
receive grant allocations in amounts that are too small to be effective
in meeting their intended purposes. The three initiatives are:
- The Alternative Uses of Funds Authority
- The Small, Rural School Grant Program
- The Rural and Low-Income School Program
For more information visit http://www.ed.gov/nclb/freedom/local/reap.html
- How does an LEA apply for Local-Flex?
An application must be submitted to the US Department of Education.
Applications can be downloaded at http://www.ed.gov/programs/localflex/applicant.html
- What is the duration of a Local-Flex
agreement?
The agreement is for a five-year period. Although the No Child Left
Behind Act will be considered for reauthorization in 2007, Local-Flex
agreements that are approved now will continue for their full five-year
time frame.
- What is the deadline
for applying for Local-Flex?
There is no specific application deadline. Applications will be
reviewed on a rolling basis as they are received until the Secretary
of the US Department of Education enters into agreements with eighty
LEAs, the maximum number authorized under the law.
- How can I find out more about Local-Flex?
For further information contact Ms. Jill Staton at the US Department
of Education at 202-401-0039 or via e-mail at LocalFlex@ed.gov.
The resources and tools provided on this website
are brought to you by The Northeast and the Islands Regional Technology in
Education Consortium (NEIRTEC) and its partners in collaboration with the US
Department of Education. For more information, contact jnesbit@wested.org.
This page last modified—July 22, 2005.
