SECTION 5 - FLEXIBILITY

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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.

 

 

State and Local Transferability Act
Title VI, Part A, Subpart 2, Sec. 6121

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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

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?

 

 

State and Local Flexibility Demonstration
Title VI, Part A, Subpart 3, Sec. 6131 and Sec. 6151

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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.

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?

 

 

Rural Education Initiative
Title VI, Part B, Sec. 6201

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Mandated

Participation is voluntary.

Timeline

No specific timeline indicated

Funding Level

FY02 - $162 million

Compliance

Unspecified

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?