A r c h i v e d  I n f o r m a t i o n

IV. The Department's Administration of the Waiver Authorities and ED-FLEX

In framing new flexibility measures for states and school districts, the Department has encouraged educators to focus first on defining effective strategies for improving the academic achievement of their students, and then to use any or all of the available flexibility measures to achieve their goals for students.

Immediately following the enactment of the waiver authorities, the Department initiated several efforts to make educators aware of the waiver provisions and to provide information on applying for a waiver. The Department developed non-regulatory guidance that explains the waiver authorities and how to apply for a waiver, and mailed this guidance to all local school superintendents, state-level federal education program coordinators, chief state school officers, and numerous education associations and interest groups. (Specific instructions for applying for waivers under the Title I desegregation waiver authority were published in the Federal Register (see 60 Federal Register 52818, October 10, 1995)). The Department also established a Waiver Assistance Line for callers and posted the guidance and other information on waivers on the Department's Internet Home Page.⁹ In addition, the Department has publicized the availability of waivers at numerous conferences. In particular, the Department has held workshops about waivers for state and local educators at each of its annual Improving America's Schools conferences.

Internally, the Department established a Waiver Action Board, consisting of senior officers, to review requests for waivers and to provide for consistent, expeditious, and thorough reviews of each waiver request. The Board considers each waiver request and makes recommendations to the Acting Deputy Secretary, to whom the Secretary has delegated his waiver authority. The composition of the Board brings critical perspectives and interests to the table; it ensures that each request will be comprehensively reviewed by the Assistant Secretary responsible for the administration of the affected program, by senior officers responsible for other programs that may serve the same affected populations, and by other officials who provide general policy and legal reviews of each request. The Waiver Action Board has developed a base of knowledge that is useful not only for reviewing new waiver requests, but also for analyzing the effectiveness of waivers and applying lessons learned to future legislative proposals and regulations.

The Department strives to review each waiver request within 60 days of its receipt. Each request received by the Department is reviewed thoroughly by the staff responsible for administering the affected program and by waiver and legal staff. Each of the applicants whose waivers were approved met the statutory criteria with specific plans for using the affected federal programs to improve teaching and learning. Each time a waiver was disapproved, the Department worked extensively with the applicant, providing technical assistance and highlighting other areas of flexibility in the law that would support its objectives. In November 1996, the Department began establishing deadlines for the submission of waiver requests in order to promote planning, provide the Department with sufficient time to review each request, and give waiver recipients enough time to make necessary adjustments prior to the intended implementation date of a waiver.

In addition to benefitting state and local educators and students, the waiver authorities also have benefitted the Department by providing new insights about the administration of federal education programs. The large number of unnecessary waiver requests has highlighted areas of the law where states and school districts needed additional guidance. The waiver process also has opened new opportunities for the Department to provide technical assistance to states and school districts on implementing federal education programs and has helped to inform the Department about the kinds of technical assistance that educators need.

Administration of Ed-Flex

To support the Ed-Flex states, the Department has convened special meetings to enable participating states to discuss administrative issues, clarify their understanding of certain provisions of the ESEA, and learn from one another. Department staff also has met with state Ed-Flex coordinators to answer questions and review their progress in administering the program. Department staff continues to serve as a resource for Ed-Flex states and to administer Ed-Flex as a partnership between the Department and states.

[III. The Education Flexibility Partnership Demonstration Program (ED-FLEX) ]

[Conclusion]