The U.S. Department of Education is seeking public comment on a new education flexibility program that will give states the right to consolidate in groups of up to seven states and focus state-level funds under several major elementary and secondary education programs in exchange for increased academic achievement among children most at risk of failure. The program is a key component of the No Child Left Behind Act of 2001.

"Providing states and schools with more flexibility to spend funds to meet their priorities is a key principle of the No Child Left Behind Act," Paige said. "Under this law, school districts and states can work together to focus resources on locally adopted strategies to improve student achievement and narrow troubling achievement gaps."

States with this authority will enter into performance agreements with between four and ten of their school districts, giving the districts unprecedented flexibility to consolidate certain federal formula grant funds in order to help them narrow achievement gaps and make adequate yearly progress. The authority lasts for five years and is renewable for an additional five years.

The State Flex program, authorized under the No Child Left Behind (NCLB) Act of 2001, embodies two of the core principles of President Bush's education reform strategy-local control and flexibility in exchange for accountability for results. While the program allows states and districts to consolidate certain federal education funds and determine how those funds should be spent, the NCLB requires that the secretary of education withdraw the flexibility authority if a state falls out of compliance or fails to make adequate progress for two consecutive years.

The funds that may be consolidated come under:

• Title I, Part A
• 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 funds reserved for the governors' program, with the consent of the governor;
• Innovative Programs; and
• The 21st Century Community Learning Centers programs.

The secretary intends to conduct two State Flex competitions, the first one likely to open this summer. Districts in states that do not have State Flex authority are eligible to seek similar flexibility under the Local Flex program, also authorized under NCLB.

The notice seeking comment is available at: http://www.ed.gov/legislation/FedRegister/announcements/2002-2/042202c.html. For more information about NCLB, visit: http://www.nochildleftbehind.gov/

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