- What is the State Flexibility Demonstration
Program?
The State Flexibility Demonstration program (State-Flex), is authorized
under the Elementary and Secondary Education Act of 1965 (ESEA),
as amended by the No Child Left Behind Act of 2001. This program
provides participating State educational agencies (SEAs), and the
local educational agencies (LEAs) with which they enter into performance
agreements, with unprecedented flexibility to use Federal funds
to meet the State’s
definition of adequate yearly progress.
An SEA with State-Flex authority may (1) consolidate and use certain
Federal funds reserved for State administration and State-level activities
for any educational purpose authorized under the ESEA; (2) specify
how local educational agencies (LEAs) in the State use Innovative
Program funds under part A of Title V; and (3) enter into performance
agreements with four to ten LEAs in the State, permitting those LEAs
to consolidate certain Federal funds and to use those funds for any
ESEA purpose consistent with the SEA’s State-Flex plan.
- What is the purpose of the State Flexibility
Demonstration Program?
The purpose is to give selected participating SEAs and the LEAs
with which they enter into performance agreements 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. These activities will enable the
the State and participating LEAs to meet the State’s definition
of adequate yearly progress and narrow achievement gaps.
- Which Federal funds can participating States
consolidate under State-Flex?
The legislation permits participating SEAs to consolidate Federal
education funds that are provided for State-level activities and State
administration under the following programs:
- Section 1004 (Improving the Academic Achievement of Disadvantaged
Children)
- Paragraphs (4) and (5) of section 1202(d) (Reading First)
- Section 2113 (a)(3) (Teacher and Principal Training and Recruitment)
- Section 2412(a)(1) (Enhancing Education through Technology)
- Subsection (a) of section 4112 (Safe and Drug-Free Schools
and Communities Governor’s Funds) with the
permission of the Governor
- Subsection (b)(2) and (c)(1) of section 4112 (Safe and Drug-Free
Schools and Communities SEA Funds)
- Paragraphs (2) and (3) of section 4202 (c) (21st Century
Community Learning Centers)
- Section 5112 (b) (Innovative Programs)
The consolidated SEA funds may be used for any authorized ESEA activity,
consistent with the purposes of the State-Flex program and the SEA’s
grant of State-Flex authority, in order to assist the SEA in meeting
the State’s definition of AYP and in narrowing achievement gaps.
In addition, the legislation permits the LEAs with which the state
has entered into local performance agreements to consolidate formula
grant funds under the following programs:
- Subpart 2 of Part A of Title II (Teacher and Principal Training
andRecruitment)
- Subpart 1 of Part D of Title II (Enhancing Education through
d 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)
The consolidated LEA funds may be used for any authorized ESEA activity,
consistent with the purposes of the State-Flex program and the SEA’s
State-Flex agreement, in order to assist the LEA in meeting the State’s
definition of AYP and in narrowing achievement gaps. The LEA must
still meet the general purposes of the programs included in the consolidation.
- Who is eligible?
SEAs (for the State Flexibility Demonstration program [State-Flex])
and LEAs (for the Local Flexibility Demonstration program [Local-Flex])
are eligible 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 local performance agreements directly with their
SEA.
(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.)
- How many State-Flex agreements may the USDOE
approve?
The Secretary may grant State-Flex authority to up to seven SEAs.
There currently are no States with the State-Flex authority. The
Secretary may enter into Local-Flex agreements with up to eighty
eligible LEAs, but no more than three LEAs in a given state.
- Can private schools participate? Does State-Flex
offer benefits to private school students and staff?
Yes. An SEA and the LEAs with which the SEA enters into performance
agreements must provide for the equitable participation of private
school students and staff.
To the extent that the SEA consolidates funds under the following
programs and uses the consolidated funds for non-administrative educational
services and benefits, the SEA must provide for the equitable participation
of private school children and teachers:
- Subpart 1 of Part B of Title I (Reading First)
- Part A of Title II (Teacher and Principal Training and Recruitment,
with professional development limitation)
- Part D of Title II (Ed Tech Enhancing Education Through
Technology)
- Part A of Title IV (Safe and Drug-Free Schools and Communities)
- Part D of Title IV (21st Century Community Learning Centers)
- Part A of Title V (Innovative Programs) (See the provision
in section 5142(a) regarding equitable participation with respect
to instructional or training programs funded by the SEA from Title
V, Part A funds made available for SEA use.)
Once the SEA has made a decision to consolidate funds and has determined
which portion of the consolidated funds would be used for administrative
purposes, the SEA determines which portion of the remainder –
i.e., the consolidated funds used for educational services and benefits
– must be used for the benefit of private school children and
teachers. This determination may be based on the proportion of elementary
and secondary school students in private schools in the State.
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.
For more information, go to pages C-24 and C-25 of the State-Flex
application. http://www.ed.gov/programs/stateflex/applicant.html
- Should State-Flex and Local-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.
An SEA that is granted State-Flex authority enters into local performance
agreements with four to ten LEAs in the State (at least half of
which must be high poverty LEAs), permitting those LEAs to consolidate
certain Federal formula grant funds and to use those funds for any
ESEA purpose consistent with the SEA’s State-Flex plan.
- What are the requirements for submitting
a State-Flex application?
To be considered for participation in the State-Flex program, you
must submit a five-year State-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 State’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 State-Flex authority.
The plan should include a narrative that addresses the application
requirements and selection criteria and contains the following information:
(A) Statewide baseline academic data and LEA achievement profiles;
(B) The SEA’s strategies for consolidating funds, making adequate
yearly progress, and advancing the education priorities of the State.
This includes:
(a) a plan for the consolidation and use of State-level funds;
(b) descriptions of how local performance agreements support the local
flex proposal;
(c) limitations on the use of Title V funds by LEAs
(C) Proposed performance agreements with 4-10 LEAs (half of which
must be high poverty LEAs). Each proposed local performance agreement
must include:
(a) baseline academic data;
(b) specific, measurable education goals;
(c) strategies for meeting the goals and the general purposes of the
consolidated programs.
(D) Five-year budget for the activities you are proposing to support
- On what basis will the USDOE select a State
for participation?
The Secretary will select the State-Flex States on the basis of
the selection criteria in the State-Flex application package using
a peer review process. The Secretary will use the following criteria
to grant State-Flex authority:
- Identification of need for the State-Flex authority and the proposed
performance agreements;
- Quality of SEA and LEA strategies for making adequate yearly
progress, narrowing achievement gaps, and enhancing education priorities;
- Quality of the management plans; and
- Adequacy of the resources.
For further information regarding the selection criteria, see pages
D-8 to D-10 in the application package at http://www.ed.gov/programs/stateflex/applicant.html.
- What is the relationship in a State-Flex
state between the SEA and its LEAs?
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.
- Is State-Flex the same as Ed-Flex?
No. Ed-Flex is a program that allows the 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 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.
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.
For more information visit http://www.ed.gov/programs/edflex/index.html.
- Is State-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,
State-Flex allows the use of 100% of certain program funds for any
purpose authorized under Elementary and Secondary Education Act of
1965 (ESEA) to assist the State and participating LEAS with meeting
adequate yearly progress, as amended by the No Child left Behind Act
of 2001.
For more information on transferability visit http://www.ed.gov/programs/transferability/index.html.
- How does an SEA apply
for State-Flex?
An application must be submitted to the US Department of Education.
Applications for State-Flex can be downloaded at http://www.ed.gov/programs/stateflex/applicant.html.
- What is the duration of a State-Flex agreement?
The agreement is for a five-year period. Although the No Child Left
Behind Act will be considered for reauthorization in 2007, State-Flex
agreements that are approved now will continue for their full five-year
time frame.
- What is the deadline for applying for State-Flex?
There is no specific application deadline. The Secretary may grant
State-Flex authority to up to seven SEAs. Applications will be
reviewed on a rolling basis as they are received until the seven
state maximum number has been reached. There currently are no States with the State-Flex authority.
- How can I find out more about State-Flex?
For further information contact Ms. Jill Staton at the US Department
of Education, at 202-401-0039 or via e-mail at StateFlex@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.
