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

Section G. Flexibility to Meet Local Needs

Since this program is part of Title VI of the ESEA, States and LEAs may apply for waivers in accordance with Title XIV of the ESEA. The Secretary may grant a waiver to an LEA only if the LEA is using the Class-Size Reduction funds to meet the basic purpose of the program—i.e., reducing class size, particularly in the early grades, using fully qualified teachers to increase achievement for regular and special needs children. The following are examples of the kinds of waivers that might be appropriate in particular circumstances:

• A waiver of the requirement to limit professional development and testing of new teachers to 25 percent of an LEA's grant, to help the district address a shortage of fully qualified teachers.

• A waiver of the requirement that no funds be used to increase the salaries or provide benefits for teachers who are not hired under the Class-Size Reduction Program in order, for example, to provide extra pay for veteran teachers who serve as mentors to newly recruited teachers.

For further information on waivers, call the waiver assistance line at (202) 401-7801 or visit the Department's website on waivers at http://www.ed.gov/nclb/freedom/local/flexibility/index.html.

Yes, States that have been granted "Ed-Flex" status by the Secretary have the authority to waive certain requirements applicable to districts or schools—including those of Title VI of the ESEA—without applying to the Department of Education. Because the Class-Size Reduction Program is part of Title VI, it is included under the Ed-Flex authority. LEAs and States should note, however, that no requirements that go to the intent and purposes of a program may be waived. Therefore, the basic purpose—reducing class size, particularly in the early grades, using fully qualified teachers to increase achievement for regular and special needs children—may not be waived. Also, Ed-Flex States may not waive formula provisions for distributing Class-Size Reduction funds to LEAs.

In addition, a district in an Ed-Flex State under the Education Flexibility Partnership Act can obtain a waiver to use more than 25 percent of its Class-Size Reduction funds on professional development activities if 10 percent or more of the teachers in the district's elementary schools do not meet State and local certification requirements, or if the certification requirements have been waived. With such a waiver, the district would be required to use any of the professional development funds over the 25 percent limit for professional development activities to ensure that at least 90 percent of the teachers in elementary schools are certified. Districts that meet these criteria, but that are not in an Ed-Flex State, may apply to the Department for such a waiver.

Yes, these funds may be used as part of a schoolwide program. Schools are not required to track separately the Federal program funds that they use in schoolwide programs and, therefore, will not be required to track any Class-Size Reduction funds used in a schoolwide program. Schools with schoolwide programs are, however, obligated to carry out the basic intent and purposes of all Federal programs whose funds are included. Therefore, schoolwide programs that use Class-Size Reduction funds must strive to reduce the size of their classes, particularly in the early grades, using fully qualified teachers to increase achievement for regular and special needs children. In addition, they may, of course, carry out any of the other activities authorized by the Class-Size Reduction Program.

Schools in some communities will not have additional classroom space immediately available to accommodate additional teachers and smaller classes. Schools in this situation are encouraged to explore other ways of effectively providing the benefits of small class size to students, e.g., by creating smaller instructional groups, with certified teachers, for sustained blocks of time on a daily basis. Schools have tried a number of approaches to accomplishing this, including:

• Having two certified teachers team teach in a single classroom for either part of the school day or the entire day.

• Hiring an additional certified teacher for a grade level (e.g., providing three teachers for two 3^rd grade classes) and dividing the students among the larger number of teachers for sustained periods of instruction each day in priority subjects such as reading and math.

• Hiring an additional certified teacher who works with half the students in a class for reading or math instruction, while the other half remains with the regular classroom teacher.

• Converting to a year-round schedule.

Each of these approaches can take advantage of space that may be unused for part of the school day or year. Each can provide smaller groups of students with instruction from a fully qualified teacher for a significant block of time on a daily or regular basis. Each can ensure that students stay with the same teacher on a sustained basis. Each allows students to be grouped according to their achievement levels or instructional needs. And none requires that students be tracked by ability on a permanent or long-term basis.

The Class-Size Reduction Program offers LEAs resources to explore a number of options for attracting fully qualified teachers. One of the most potent may be the authority to use funds for recruiting purposes (see question F-20 for some examples of allowable recruiting activities). LEA recruiters can offer attractive incentives for new fully qualified teachers to come to their districts. Another approach is to consider hiring part-time certified teachers who can be responsible for teaching small classes of students in core academic subjects. Many former teachers who have left the field in order, for example, to raise a family, would be interested in returning if they could do so on a part-time basis.

No, section 310(h) of the program statute prohibits LEAs from using FY 2000 funds to continue to pay the salaries of any uncertified teachers hired with FY 1999 funds, unless those teachers are certified by the start of the 2000-2001 school year.

The Class-Size Reduction Program provides supplementary funds for districts, enabling them to hire additional fully qualified teachers to reduce class size. However, the program does not impose specific terms of employment for teachers hired with program funds. It also does not exempt these teachers from a school district's collective bargaining agreements or from other contractual or State or local legal requirements related to employment within the school district.

[Section F. LEA Uses of Funds]

[Section H. Accountability]