Ed-Flex Waivers

By taking advantage of Ed-Flex school districts can design and implement programs in ways that best meet the needs of their students and communities. Texas received approval from the U.S. Department of Education to continue its Ed-Flex waiver authority under the Education Flexibility Partnership Act of 1999, as amended, on April 13, 2006, effective until such time as Title I, Part A of NCLB is reauthorized. Currently, Texas' Ed-Flex status will expire at the end of the 2016-17 school year.

As an Ed-Flex state for the 2016-2017 school year, Texas has the authority to waive provisions of the following federal programs:

  • No Child Left Behind Act of 2001

- Title I, Part A (except sections 1111 and 1116)
- Title I, Parts C, D, and F
- Title II, Part A, Subparts 2 and 3
- Title II, Part D, Subpart 1
- Title III, Part B, Subpart 4
- Title IV, Part A, Subpart 1
- Title V, Part A

  • Carl D. Perkins Vocational and Technical Education Act of 2006.

Eligible campuses meeting specific requirements may apply for even greater flexibility via a Title I, Part A Schoolwide Eligibility waiver (Word, 57KB). This is a separate process from the Ed-Flex individual programmatic waiver. Interested parties should review the Schoolwide Programs page maintained by the Office for Grants and Federal Fiscal Compliance at TEA.

Individual Programmatic Waivers

Application

To request an individual programmatic waiver for a requirement of one of these programs, local education agencies must submit an Ed-Flex application. The Application for Individual Programmatic Waivers and a description of the waivers are available below:

The application above is for Individual Programmatic Waivers only. LEAs must complete a separate application for each Individual Programmatic Waiver requested. Applicants will be notified of their waiver status (approval, approval with changes, denial) within 45 days of the application deadline.

Application Deadline

The deadlines for submitting an application for an Individual Programmatic Waiver for 2016-2017 are as follows:

June 30, 2016 for a start date of August 15, 2016
August 15, 2016 for a start date of October 1, 2016

No applications received after the August 15 deadline will be considered for the 2016-2017 school year.

Length of Waiver

Individual Programmatic Waivers requested for one year period only, 2016-2017.

Application Review and Approval

TEA staff will review each request to ensure it was:

  • approved by the local board of trustees,
  • signed by the superintendent,
  • includes comments from the appropriate site-based decision-making committee, and
  • identifies a technical assistance provider that will be used if the required annual gains in student performance are not met.

A written analysis will be forwarded with the waiver to the Committee of Practitioners (serves as the State Ed-Flex Committee) for consideration.

Applications received by June 30, 2016, will be considered by the Committee of Practitioners at the July 2016 meeting. Applications received by August 15, 2016, will be considered by the committee at the September 2016 meeting. The person listed on the LEA's Individual Programmatic Waiver Application as the Ed-Flex Contact must be available for telephone consultation on the date the committee is scheduled to consider this waiver in case the committee has questions.

The recommendation of the committee will be forwarded to the commissioner of education for final action. A letter transmitting the commissioner´s decision will be sent to the LEA.

Evaluation

Specific performance criteria, based upon the Texas Accountability System and the recommendation of the Committee of Practitioners (serves as the State Ed-Flex Committee), will be included with each approved Individual Programmatic Waiver request.

Unallowable Ed-Flex Waivers

The Education Flexibility Partnership Act of 1999 (P. L. 106-25, Section 4(c)(1)) limits the kinds of regulatory requirements that can be waived. TEA strongly encourages all LEAs to carefully review the list of unallowable Ed-Flex waivers prior to submitting an application.

State Performance Reports

The Ed-Flex State Performance Reports provide information to the U.S. Department of Education or interested parties on districts or schools that have been granted flexibility under the Ed-Flex Partnership Act.