K-12 Education: Special Forms of Flexibility in the Administration of Federal Aid Programs Page: 4 of 33
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K-12 Education:
Special Forms of Flexibility in the
Administration of Federal Aid Programs
Introduction
Beginning with adoption of the Improving America's Schools Act (IASA) in
1994 (P.L. 103-382), and continuing through enactment of the Education Flexibility
Partnership Act of 1999 (P.L. 106-25) and the No Child Left Behind Act of 2001
(NCLBA, P.L. 107-110), the authorization of special forms of flexibility for grantees
has been a major focus of most federal K-12 education assistance legislation. In
particular, the recently-adopted NCLBA extended some flexibility authorities which
had been established earlier, and initiated new ones which are now beginning to be
implemented. This report provides an overview of these authorizations for state and
local flexibility in administering federal K-12 education programs. It will be updated
infrequently, to incorporate major new developments in the implementation of these
authorities or new information on their use and impact.
"Flexibility" is defined for purposes of this report as authority under which
federal program requirements, particularly restrictions on the use of federal aid, may
be waived by, or on behalf of, state or local aid recipients meeting certain eligibility
criteria. In some cases, this flexibility is granted in return for meeting specified
accountability requirements related to program outcomes. Such flexibility includes
provisions for consolidation of multiple programs, or for transfer of funds among
programs, so that federal assistance may be used for a broader range of activities or
purposes than ordinarily would be allowed, as well as the authority to waive specified
types of program requirements.
In general, these flexibility authorities apply to federal aid programs authorized
by the Elementary and Secondary Education Act (ESEA), the largest source of
federal aid to K-12 education. In contrast, almost none of these authorities involve
the second largest source of federal aid, the Individuals with Disabilities Education
Act (IDEA). For this reason, as well as the existence of a number of issues regarding
requirements and flexibility which are specific to that program, the IDEA will not be
discussed further in this report, and discussions of federal involvement in K-12
education in this report should be understood to apply primarily to the ESEA and to
exclude the IDEA.
This report begins with a review of the general nature of federal K-12 education
program requirements, including their sources, purposes, and the concerns expressed
by some grantees about them. This is followed by a description of the current special
flexibility authorities under which may of these requirements may be waived or
otherwise made inapplicable, along with an analysis of issues specific to individual
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Riddle, Wayne Clifton. K-12 Education: Special Forms of Flexibility in the Administration of Federal Aid Programs, report, November 7, 2003; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817041/m1/4/: accessed March 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.