Ed-Flex Title IV, Part A Apportionment Waiver

Introduction


Section 4106(e)(2) of the Every Student Succeeds Act (ESSA) states that local education agencies (LEAs) with a Title IV, Part A allocation greater than $30,000 must use at least 20% of Title IV, Part A funds in Well-Rounded Education, at least 20% of Title IV, Part A funds in Safe and Healthy Students, and an amount greater than zero in Effective Use of Technology.


However, section 1127 of ESSA permits state educational agencies (SEAs) to apply for Educational Flexibility (Ed-Flex), which allows SEAs to waive certain requirements of Federal statute or regulations that apply to districts and schools without first having to submit those waivers to the U.S. Department of Education (ED) for review and approval. The Colorado Department of Education (CDE) currently has approval to waive the Title IV, Part A apportionment requirement as long as the underlying purposes of the statutory requirements for Title IV, Part A are still met.


Accordingly, an LEA with a Title IV, Part A allocation of $30,000 or greater must receive a waiver from CDE to budget less than 20% in either Well-Rounded Education or Safe and Healthy Students or not budget any activities to Effective Use of Technology for the current fiscal year.


LEAs must provide the public with adequate and efficient notice of the proposed waiver (e.g., 30 days), including a description of the LEA’s application for the proposed waiver on the LEA’s website (may include affected school websites) with a description of any improved student performance that is expected to result from the waiver. Parents, educators, school administrators, and all other interested members of the community must have the opportunity to comment on the proposed waiver in accordance with any applicable State law specifying how the comments may be received and how the comments may be reviewed by any member of the public. The LEA will submit the comments received with this waiver application or during the CDE monitoring review for waivers.


The Title IV, Part A Apportionment Waiver application is accepted year round. All Ed-Flex waivers are subject to annual monitoring by CDE.

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Part 1: Narratives

How will an apportionment waiver assist the district with implementing education reform or school improvement efforts in an effective manner?

Describe the district’s plan to evaluate the effect of the waiver on the performance of schools or students at the end of the fiscal year.

Is this an application to renew the Title IV waiver?

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Please provide data to demonstrate that there is progress toward meeting the evaluation criteria as described in the LEA’s previous waiver application.

Part 2: Assurances

Please check the box below to confirm that the LEA acknowledges, if approved, this waiver can only be granted for one fiscal year. The LEA may apply to renew the waiver annually as long as CDE has Ed-Flex authority to waive the Title IV, Part A apportionment requirement.

Please check the box below to confirm that the LEA understands that CDE will consider whether progress has been made towards meeting the district’s evaluation criteria if the LEA applies to renew this waiver in the future.

Please check the box below to confirm that the LEA has provided the following to meet public notice and comment requirements:

  1. The LEA has provided the public with adequate and efficient notice of the proposed waiver, including a description of the LEA’s application for the proposed waiver on the LEA’s website (may include affected school websites) with a description of any improved student performance that is expected to result from the waiver;
  2. The LEA has provided the opportunity for parents, educators, school administrators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver;
  3. The LEA has provided the opportunity for public comment, in accordance with any applicable State law specifying how the comments may be received and how the comments may be reviewed by any member of the public; and
  4. The LEA will submit the comments received with the waiver application or during the CDE monitoring review for waivers.


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