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Title I Ed-Flex Waiver Request

Clayton County Public Schools

FY24 Educational Flexibility Program (Ed-Flex Waiver) Public Comment Request

Through Ed-Flex, the U.S. Department of Education delegates to eligible states the authority to waive certain statutory or regulatory education requirements that may impede local school districts' efforts to reform and improve education.

The Ed-Flex waiver applies to the following programs:

  • Title I, Part A Improving the Academic Achievement of the Disadvantaged (does not include Section 1111)
  • Title I, Part C – Education of Migratory Children
  • Title I, Part D – Prevention and Intervention Programs for Children and Youth who are Neglected and Delinquent, at-risk
  • Title II, Part A – Supporting Effective Instruction
  • Title IV, Part A – Student Support and Academic Achievement

The Georgia Department of Education (GaDOE) cannot grant any waiver that would undermine the underlying purpose of the statutory requirements of the program. Ed-Flex does not authorize states to waive the following statutory or regulatory requirements:

  • ESEA Section 1111 (including standards, assessments, and accountability requirements)
  • Maintenance of Effort
  • Comparability
  • Equitable Services
  • Distribution of funds to LEAs (School Districts)
  • Serving eligible private schools in rank order (ESEA 1113(a)(3)
  • The use of federal funds to supplement, not supplant, state and local funds
  • Applicable parental involvement or civil rights requirements
  • IDEA-Individuals with Disabilities Act requirements

The Educational Flexibility (Ed-Flex) program is authorized under the Education Flexibility Partnership Act of 1999 and was reauthorized by section 9207 of the Every Student Succeeds Act (ESSA). The Ed-Flex program allows the Secretary to authorize a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more of the included programs for any local educational agency (LEA), educational service agency, or school within the State.

The U.S. Department of Education granted this authority to the Georgia Department of Education (GaDOE) on May 18, 2020.  This authority will remain in place through the 2023-2024 school year.

Clayton County Public Schools (CCPS) is applying for the carryover Ed-Flex waiver for Title I, Part A: Improving Basic Programs Operated by LEAs (other than Section 1111). CCPS will receive all unspent Title I, Part A funds from the 22-23 school year if approved. Public comments are welcome to be shared through this one CCPS Title I, Part A Carryover Ed-Flex Waiver link.

If you have any questions or concerns regarding our waiver selection, please contact the Executive Director of Federal Programs:

Katrina Thompson