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SECTION 5 - FLEXIBILITY
The new law allows states and districts to transfer up to 50% of funds
received for specific programs, either among those programs or into Title
I.
The new law also authorizes two "flexibility demonstration projects,"
one for states and the other for districts. In the first, up to seven
states will be selected to consolidate all state-administration and state-activity
funding under several major ESEA programs, including Title I. In the other
project, up to 150 school districts may enter into performance agreements
with the U.S. Department of Education that will allow them to consolidate
all aid under several major ESEA programs, excluding Title I.
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State
and Local Transferability Act
Title VI, Part
A, Subpart 2, Sec. 6121
Top of this section
Mandated
Participation is voluntary.
Timeline
No specific timeline indicated
Funding Level
While funds are appropriated for each of the programs within the
scope of this law (for example, teacher quality state grants), no
money is specifically appropriated to carry out these provisions.
Compliance
Unspecified
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Requirements or Provisions
State options
This provision allows a state to transfer up to 50% of the funds
it receives for state-level activities among the following programs:
- Teacher quality state grants
- Educational technology
- Innovative programs
- Safe and drug-free schools
- 21st Century Community Learning Centers.
The law also allows a state to transfer up to 50% of the funds
it receives from these programs to Title I, Part A, activities.
The law requires each state transferring funds to notify the U.S.
Department of Education in advance of the transfer(s), to modify
its state plan to reflect the transfer(s) and submit a copy of the
modified plan within 30 days of the transfer(s).
Funds may not be taken out of Title I, Part A.
District options
This provision allows a district that has not been identified
as in need of improvement or corrective action under Title I of
the law to transfer up to 50% of the funds allocated to it among
the following programs: teacher quality state grants, educational
technology state grants, innovative programs, and safe and drug-free
schools. It also allows a district to transfer up to 50% of the
funds allocated to it from these programs to the Title I, Part A,
program.
A district identified as in need of improvement under Title I may
transfer up to 30% of its allocation among the following programs:
teacher quality state grants, educational technology state grants,
innovative programs, and safe and drug-free schools. The district,
however, must transfer the funds to either supplement its school
improvement allocation or carry out Title I district improvement
activities.
Allocation of Funds
While money is appropriated for each of the programs within the
scope of this law (for example, teacher quality state grants), no
money is specifically appropriated to carry out these provisions
of the law.
Status of the States
No information available.
Policy Questions for State Leaders
To Consider
- What are your state's priorities for improving student achievement
within each of the applicable programs (e.g., teaching quality,
technology, before- and after-school programs)?
- Are certain programmatic priorities more likely to improve student
performance at a more significant rate than others? If so, which
ones?
- Which programmatic priorities should receive additional funds
to help improve student achievement?
- How will your state document that the transfer of funds among
priorities actually improves student achievement?
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State
and Local Flexibility Demonstration
Title VI, Part A,
Subpart 3, Sec. 6131 and Sec. 6151
Top of this section
Mandated
Participation is voluntary.
Timeline
No specific timeline indicated
Funding Level
While funds are appropriated for each of the programs within the
scope of this law (for example, teacher quality state grants), no
money is specifically appropriated to carry out these provisions.
Compliance
Voluntary for states and school districts. If, however, one of
the seven states or 80 districts selected by the secretary fails
to meet adequate yearly progress for two consecutive years or fails
to comply with the terms of the application, the secretary must
terminate the application.
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Requirements or Provisions
State Flexibility Demonstration Program
This provision authorizes the U.S. secretary of education
to select up to seven states that will be able to consolidate the
entire amount of money available for state-level activities and
state administration under the following programs:
- Title I, Part A, and Reading First, except for the amount reserved
for state-level professional development activities
- Teacher quality state grants
- Educational technology state grants
- Safe and drug-free schools, including programs reserved for
the governor's program, with the consent of the governor
- Innovative programs
- 21st Century Community Learning Centers programs.
The selected states may use consolidated funds for any educational
purpose authorized under the ESEA.
Each of the seven states must enter into performance agreements
with at least four (and up to 10) school districts, at least half
of which must have poverty rates of at least 20%. Each of the districts
must consolidate their money from these programs in the same way
as the state. To be eligible, a state must submit an application
to the secretary that includes, among other things, a five-year
plan describing how the state will use the consolidated funds to
meet adequate yearly progress and advance the education priorities
of the state.
Local Flexibility Demonstration Program
The secretary of education is authorized to enter into agreements,
on a competitive basis, with up to 80 school districts (except those
in the seven states described above) to enable them to consolidate
funds under the following programs for five years:
- Teacher quality state grants
- Educational technology state grants
- Innovative programs
- Safe and drug-free schools programs.
A district may use consolidated funds for any educational purpose
under the ESEA.
The secretary is prohibited from entering into performance agreements
with more than three school districts from any single state. Districts
are prohibited from using more than 4% of the consolidated funds
for administrative purposes. To be eligible, a district must submit
an agreement to the secretary that includes, among other things,
a five-year plan describing how it intends to consolidate and use
the funds to advance its education priorities, meet the general
purposes of the included programs, improve student achievement and
narrow the achievement gap.
Allocation of Funds
While funds are appropriated for each of the programs within the
scope of this law (for example, teacher quality state grants), no
money is specifically appropriated to carry out these provisions.
Status of the States
No information available.
Policy Questions for State Leaders
To Consider
- Which of your state's education priorities require more funds
than are currently allocated to meet performance targets?
- How will your state ensure that the consolidation of funds helps
meet your performance targets and other goals?
- What criteria will your state use for selecting districts for
performance agreements (for example, those districts that need
the most help in meeting adequate yearly progress targets)?
- How will your state regularly evaluate the success of consolidating
program funds and make adjustments if necessary?
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Rural Education
Initiative
Title VI, Part B, Sec. 6201
Top of this section
Mandated
Participation is voluntary.
Timeline
No specific timeline indicated
Funding Level
FY02 - $162 million
Compliance
Unspecified
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Requirements or Provisions
Small, Rural School Achievement Program
This provision allows small, rural school districts to consolidate
their allocations under the following programs:
- Teacher quality state grants
- Innovative programs
- Safe and drug-free schools
- Educational technology programs.
Districts will be allowed to use their consolidated funds to carry
out activities authorized under the programs listed above, plus
Title I and language-acquisition state grants.
Participating school districts must administer a student assessment
consistent with Title I requirements. After a district's third year
of participation in the program, the state must determine whether
the district met the state's definition of adequate yearly progress,
permit districts that met the definition to continue to participate,
and permit a district that did not meet the definition to continue
to participate only if it agrees to use its consolidated funds for
Title I school-improvement activities. These requirements also apply
to the Rural and Low-Income School Program listed below.
The term "rural" applies to people living outside urbanized areas
in the open country or in communities of less than 2,500 inhabitants;
it also includes those living in areas of extended cities with a
population density of less than 1,000 inhabitants per square mile.
Rural and Low-Income School Program
Certain small, rural school districts with a child-poverty
rate of at least 20% that did not qualify for funding under the
small, rural school achievement program may consolidate and use
funds for teacher recruitment and retention, professional development,
educational technology, parental involvement activities, activities
authorized under safe and drug-free schools, activities authorized
under Title I, Part A, and activities authorized under Title III.
Funds are to be allocated to states, which then must determine
a formula for allocating the money to school districts. In states
that do not participate in the program, eligible districts may apply
directly to the U.S. secretary of education. The law requires each
state or eligible district that has applied directly to the secretary
of education to establish, at a minimum, specific education goals
and objectives related to increased student achievement, decreased
student dropout rates and other factors that the state or district
may choose to measure. State departments of education may not use
more than 5% of the grant for administrative costs or technical
assistance to eligible districts.
Allocation of Funds
For the Small, Rural School Achievement Program, funds will be
distributed to districts in the following way:
- $20,000 plus $50 for each student in average daily attendance
above 50 students in schools served by the district (capped at
$60,000).
- This allocation will be reduced by the amount the district received
the previous year under the teacher quality, innovative programs,
safe and drug-free schools and educational technology programs.
For the Rural and Low-Income School Program, funds are to be distributed
to states based on each state's share of students in average daily
attendance in eligible districts. Participating states then have
the option to allocate funds through:
- A formula based on a district's share of the number of students
in average daily attendance in eligible districts within the state
- A competitive process
- An alternative formula that more effectively targets funds to
high-poverty districts.
For eligible districts that apply directly to the secretary, funds
are to be distributed through a formula based on a district's share
of the number of students in average daily attendance in eligible
districts within the state, or through a competitive process.
See Appendix H for state-by-state appropriations for rural school
programs.
Status of the States
No information available.
Policy Questions for State Leaders
To Consider
- If your state chooses to participate in the Rural and Low-Income
School program, how will it distribute funds to participating
districts? Will your state use a formula based on a district's
share of the number of students in average daily attendance in
eligible districts within the state, a competitive process or
an alternative formula that more effectively targets funds to
high-poverty districts?
- How will your state determine whether districts participating
in either the Small, Rural School Achievement Program or the Rural
and Low-Income School Program have met the state's definition
of adequate yearly progress after three years of participating
in the program?
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