The Ed-Flex program is authorized under the Education Flexibility Partnership Act of 1999 and was reauthorized by section 9207 of the ESEA as amended by the Every Student Succeeds Act (ESSA). The Ed-Flex program allows the Wisconsin Department of Public Instruction (DPI) to waive certain statutory or regulatory requirements applicable to one or more of the included programs for any Local Educational Agencies (LEAs).
LEAs may want to keep the possibility of a waiver request in mind as they plan for the year.
ESEA Grant Programs Eligible for Waivers
- Title I, Part A: Improving Basic Programs Operated by LEAs, (but not assessment and accountability requirements in section 1111 of ESSA):
- Title I, Part C: Education of Migratory Children;
- Title I, Part D: Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk
- Title II, Part A: Supporting Effective Instruction
- Title IV, Part A: Student Support and Academic Enrichment Grants
Requirements that are Not Eligible to be Waived
- Distribution of funds to LEAs
- Standards, assessments, and accountability requirements under section 1111
- ESEA Maintenance of effort
- Comparability of services
- Equitable participation of students and professional staff in private schools
- Parental participation and involvement
- Supplement, not supplant requirements
- Civil rights requirements
- The selection of a Title I school attendance area or school under subsections 1113(a) and (b) unless its percentage of children from low-income families is less than ten points below that of the lowest-percentage attendance area or school meeting 1113(a) and (b) requirements
LEAs must continue to comply with Federal civil rights laws that prohibit discrimination based on race, color, national origin, sex, disability, and age. These laws include Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and the Equal Educational Opportunities Act of 1974.
How to Request a Waiver for Your LEA
Step 1: Review all of the information above and ensure the requirement you want to waive has not already been waived. For reference:
- The Title I, Part A Deadlines and Fiscal Information page has additional carryover waiver information. These common waivers have a streamlined process.
Step 2: Make sure your waiver request aligns with Wisconsin’s ESSA State Plan and your LEA’s ESSA Plan. Waivers must align with both plans (a list of these goals/objectives can be found below).
Step 3: Complete the PI-9552 Ed-Flex Waiver form. The LEA ED-Flex Waiver forms will be accepted throughout the year. The waiver application includes the following components:
- General Information: The information in this section details the LEAs who are affected by the request. Waiver requests apply to the LEA as a whole.
- Waiver Request: The applicant will specify the statutory and/or administrative rule provision which they are requesting a waiver.
- Statement of Need: This section of the application should address the LEA’s rationale for the requested waiver(s).
- Abstract: Address the following:
- how the waiver will aid reforms and raise achievement levels and
- describe the relationship of the waivers to the performance of schools and students affected by the waivers.
- General Assurances: This portion of the application is intended to ensure that several steps have occurred.
- Certifications/Signatures: The application requires the signature of both the LEA Administrator and the governing board president, certifying Board approval of the request.
Step 4: Have your District Administrator, and School Board President (if applicable) sign-off on the form
Step 5: Email the completed form to DPI at dpi.title1@dpi.wi.gov
DPI staff will approve or deny your request within thirty days. If you have questions or need other assistance, ask your DPI Title I consultant. Contact information is in the Consultant Directory
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Alignment with Wisconsin's ESSA State Plan and ESSA LEA Plan
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In requesting a waiver an LEA must ensure the waiver request aligns with Wisconsin’s ESSA State Plan and the LEA’s ESSA Plan saved in WISEgrants. Waivers must align with both plans, more information regarding the plans goals and objectives can be found below. An LEA must also get approval from the school board to request the waiver. LEAs will need to include the board minutes in the application.
Waiver requests must align with the following:
Wisconsin’s Goals:
- Reduce the achievement gap by half for each subgroup within eight years.
- Reduce the graduation gap by half within eight years.
- Achieve an 18-point increase in the percentage of students on-track to English language proficiency by the end of eight years.
Objective 1: LEAs will provide every student access to a well-rounded education that meets their learning needs in an appropriate, healthy, and safe environment. Objective 2: LEAs will provide professional growth and improvement opportunities for all teachers, principals, and other school leaders to further a high quality education for all students. Objective 3: LEAs will use evidence-based interventions and support services to ensure every student graduates from high school prepared for their college or career plans. Objective 4: LEAs will make progress on closing the achievement gap for all subgroups in English language arts, and math so all students meet challenging academic standards.
LEA ED-Flex Waiver Reporting
Each fall, the United States Department of Education (USDE) requires DPI to submit an annual report regarding the ED-Flex waivers granted in the prior school year. In the fall, DPI will seek an annual report from each LEA that received an ED-Flex waiver, in the prior school year. The LEAs report must reflect the information provided in this abstract. Once USDE notifies DPI of the reporting deadlines, DPI will reach out to each LEA seeking this report. The timeline to complete this report will be dependent on the deadlines provided by USDE.