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.