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No Child Left Behind. Spring 2002 Workshops United States Conference of Catholic Bishops. Introduction. Re-authorizes the Elementary and Secondary Education Act for 6 years. Provides for flexibility with accountability. Materials.

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No child left behind l.jpg

No Child Left Behind

Spring 2002 Workshops

United States Conference of Catholic Bishops

Introduction l.jpg

  • Re-authorizes the Elementary and Secondary Education Act for 6 years.

  • Provides for flexibility with accountability

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  • No Child Left Behind Act: Participation of Private School Students and Teachers

  • Effective Consultation

  • Cross-cutting brochures:

    • Parental involvement

    • Technology

    • Special education

    • Health services

    • Professional development

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Highlights of changes


  • See chart on page 29 of the Blue Book


  • Capital expenses under Title I


  • Reading Excellence/Reading First

  • Bilingual/Language Acquisition

  • Emergency Immigrant

  • 21st Century Community Learning Centers

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New Programs for Private School Students and Teachers

  • Even Start Family Literacy

  • Math and Science Partnerships

  • Governors’ Program for SDFS

  • 21st Century Community Learning Centers

    New authority for public schools:

    Flexibility and Transferability of Funds

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Services Available

  • Disadvantaged children

  • Reading intervention and improvement

  • Family literacy

  • Migrant education

  • Teacher and principal training

  • Professional development for math and science

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Services (cont.)

  • Teacher training and recruitment

  • Technology

  • Limited English proficiency

  • Safe and drug-free schools

  • After-school programs

  • Innovative programs

  • Gifted and talented

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Funding Mechanisms

  • Formula grant programs

  • Competitive grant programs

  • Programs that are formula to the state and competitive from state to eligible entity

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  • Consultation is the mechanism by which public and private school officials:

    • Design programs

    • Discuss needs of private school students, teachers and parents

    • Track the progress of program implementation

    • Discuss the results of program assessment

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Uniform Provisions, Title IX

The Uniform Provisions require:

  • Timely and meaningful consultation

  • Secular, neutral, and nonideological services

  • Equitability of services and timeliness of services

  • Equal expenditures

  • Public control of funds

  • Public provision of services

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Covered Programs

Programs covered by the uniform provisions are:

  • Reading First

  • Even Start

  • Migrant Education

  • Teacher and Principal Training and Recruiting

  • Math and Science Partnerships

  • Education Technology

  • English Language Acquisition

  • Safe and Drug-Free Schools and Communities

  • 21st Century Community Learning Centers

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Equitable Participation Provisions

  • Title I, Part A

  • Emergency Immigrant Education

  • Innovative Programs

  • Gifted and Talented Students

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Effective Consultation

  • Title IX-Uniform Provisions

  • Effective consultation is the key to good programs

  • Consultation must be timely and meaningful

  • Consultation occurs during design, development and delivery

  • Genuine opportunity to air views must be given to private school officials

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Children’s needs

Services offered: how, where, and by whom

Assessment and use of assessment results

Funds available

Decision-making process

Third party provider

Flexibility and transferability authorities

Consultation issues

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Before your first meeting…

  • What programs require equitable participation?

  • What are the needs of my students? What student information should I provide?

  • What topics must be discussed during consultation?

  • Who is administering the program?

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At the first meeting…

  • Timetable

  • Funds

  • Services

  • Location

  • Third party provider

  • Assessment

  • Program improvement

  • Future meetings

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Dealing with problems…

  • Put your concerns in writing to the LEA

  • If the response is not satisfactory or not received in a timely manner, contact the SEA in writing. Ask for a written response.

  • If the SEA does not respond in a timely manner or the response is not satisfactory, contact the Education Department’s Office of Non-Public Education.

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Bypass Request

  • Complaint to ED can resolve issue or, if not resolved, lead to a request for a bypass.

  • Reasons for a bypass:

    • Unable by reason of law or substantially failed

    • Considering one or more factors, including the quality, size, scope and location of the program, and the opportunity to participate.

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  • Student count and poverty count

  • Consultation meeting on count; consultation meeting on current year’s implementation

  • Initiate contact if none received

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Timetable—Late Winter/Early Spring

  • Design and develop program for next year

  • Receive estimation of funds available for next year’s program

  • Monitor current year’s implementation

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  • Finalize program design and implementation plans

  • Sign-off IF you are satisfied with the program

  • Make all arrangements to ensure timely start

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Title I: Improving the Academic Achievement of the Disadvantaged

  • Part A: Improving Basic Programs Operated by Local Educational Agencies

  • FY02 Appropriation: $10,350.0 billion; FY01 Appropriation: $8,762.7 billion

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Title I Purpose Disadvantaged

  • Services to disadvantaged students in public and private schools

  • Meet and exceed State’s challenging academic content and student achievement standards

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Title I: Types of Services Disadvantaged

  • Additional instruction outside of regular classroom

  • Before or after school or in the summer

  • Direct instruction or computer-assisted instruction or combination

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Parent Involvement Disadvantaged

  • The parents of Title I children in private schools must participate equitably in parental involvement activities.

  • Activities must be designed to support the learning needs of participating private school students.

  • Parent compact is between parents and Title I program

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Professional Development Disadvantaged

  • Public school teachers providing Title I service for private school students must be “highly qualified”

  • Private school teachers who teach Title I students

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Title I Attendance Areas Disadvantaged

  • Title I attendance areas are determined by the number of public and private school students residing in that attendance area who meet the criteria for poverty.

  • School attendance areas are ranked and the poorest areas become Title I attendance areas.

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Generation of Funds Disadvantaged

  • Using the same measure

  • Taking a survey and allowing the results to be extrapolated;

  • Assuming proportional numbers of poor children in public and private schools

  • Using an equated measure

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Use of Funds Disadvantaged

  • Funds generated by poor private school students who reside in Title I attendance areas are used only for instructional services to eligible private school students.

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Non-instructional costs Disadvantaged




Non-instructional technicians

Mobile instructional units


Off-the-top instructional costs (equitability)

Professional development

Parental involvement

Summer school

Supplemental services

Off-the-top Costs

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Capital Expenses Disadvantaged

  • Capital expenses is phased out with the current school year.

  • If the private school program has non-instructional costs, those costs come off-the-top of the total allocation to the LEA.

  • Non-instructional costs include mobile instructional units and non-instructional technicians

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Students who are educationally needy and reside in Title I attendance areas are eligible for Title I services.

Most educationally needy are served first if funds are limited.

Educational need is determined in consultation between public and private school officials:

Multiple measures

Age appropriate

NOT poverty

Eligibility for Services

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Title I Consultation attendance areas are eligible for Title I services.

  • Similar to consultation under Title IX for other NCLB programs.

  • Timely and meaningful/Design, development and implementation

  • Identify children’s needs and determine how Title I can help meet those needs.

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How and when the agency will make decisions about delivery of services.

Thorough analysis of the views of private school officials re: third party provider.

Written explanation if third party request not honored.

Professional development and parental involvement activities.

Consultation must be documented through sign-off.

Sign-off only if satisfied with consultation

Consultation (cont.)

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Assessment and Accountability of services.

  • Public schools must test every child in every school by 2005-06.

  • Requirement does NOT apply to private schools.

  • Private school students that receive Title I services must be assessed.

  • Assessed through state assessment or other more appropriate tool, as determined in consultation.

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Title I Teacher Quality of services.

  • New hires must be highly qualified

  • Current teachers meet standards by 2005-06

  • States establish measurable objectives to achieve goal

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Paraprofessionals of services.

  • New hires must have:

    • Completed 2 years of study at IHE;

    • Obtained associates degree;

    • Demonstrates quality through formal academic assessment; and

    • Knowledge of core subjects and ability to assist with instruction.

    • Current employees achieve in 4 years.

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Public School Choice and Supplemental Services of services.

  • If public school does not achieve AYP for 2 years, Title I students offered public school choice and transportation.

  • If public school does not achieve AYP for 3 years, Title I students may receive voucher for supplemental services.

  • Cost for transportation and supplemental services is taken from Title I allocation.

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Additional Title I Provisions of services.

  • The complaint procedures and reasons for a bypass are similar to Uniform Provisions

  • Committee of Practitioners must have private school representative

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Title I, Part B, Subpart 1: Reading First of services.

  • FY02 Appropriation: $900 million; FY01 Appropriation for Reading Excellence Act: $286 million

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Reading First: Funding of services.

  • Formula grants to states based on number of children 5-17 below poverty line.

  • 80% available to LEAs on competitive basis

  • Priority for high poverty LEAs

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Reading First: Required Activities of services.

  • Selecting and administering screening, diagnostic, and classroom-based instructional reading assessments;

  • Selecting and implementing a program of instruction;

  • Purchasing instructional materials;

  • Providing professional development;

  • Collecting and reporting data; and

  • Promoting reading and literacy programs

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Family literacy programs of services.

Training for reading tutors

Providing assistance to parents to help them support their child’s reading

Private school students and teachers within participating LEA or school attendance areas must be offered equitable participation

Location of school or residence of student

Reading First: Additional Activities

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Title I, Part B, Subpart 3: Even Start Family Literacy Program

  • FY02 Appropriation: $250 million; FY01 Appropriation: $250 million

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Funding Program

Allocated in proportion to Title I funds.

Grants from states to eligible partnerships comprised of LEA, CBO, IHE, or another public or non-profit agency.

Federal share in year one is no more than 90%; continues to decrease.


Serve parents of children birth through age 7 eligible for adult literacy or school age.

Target areas with high levels of poverty, illiteracy, unemployment, Title I, LEP, public assistance, victims of domestic violence

Even Start Family Literacy

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Title I, Part C: Migrant Education Program

  • FY02 Appropriation: $396 million; FY01 Appropriation: $380 million

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Activities Program

High quality and comprehensive programs to reduce educational disruptions and other problems resulting from repeated moves.


SEA receives funding based on number of migrant children ages 3-21 multiplied by 40% of the State’s per pupil expenditure.

Migrant Education

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Title II: Preparing, Training, and Recruiting High Quality Teachers and Principals

  • Part A: Teacher and Principal Training and Recruiting Fund

  • FY02 Appropriation: $2.85 million; FY01 Appropriation: $2.25 million

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Teacher and Principal Training and Recruiting Fund Teachers and Principals

  • Professional development and teacher recruiting efforts

  • Equitable participation of private school teachers in funds used for professional development only

  • Minimum funds must equal previous Eisenhower and Class-Size Reduction

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Teacher Training--Funding Teachers and Principals

States, and in turn localities, receive funding by formula, based on the total number of public and private school students and the number of those children below the poverty line

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Teacher Training-Design Teachers and Principals

  • Designed to meet the learning needs of private school students

  • Designed in consultation between public and private school officials

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Math and Science Partnerships Teachers and PrincipalsTitle II, Part B

  • Math and Science Partnerships is a new program funded at $12.5 million.

  • The purpose of Math and Science Partnerships is to provide professional development that will improve the academic achievement of students in math and science.

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Math and Science Partnerships Teachers and Principals

  • Partnerships must include SEA, IHE, high-need LEA, and may include other entities

  • Private schools may be members of the partnership or receive equitable services

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Enhancing Education Through Technology—Title II, Part D Teachers and Principals

  • FY01 appropriations for previous technology programs: $729,328 million; FY02 appropriations for Enhancing Education Through Technology: $785 million

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Education Technology—Funding Teachers and Principals

  • Funds to SEA on basis of Title I count

  • 95% to LEAs: 50% on basis of Title I count; 50% competitive

  • Eligible entities are consortium of LEAs, IHEs, service agencies, libraries and other educational entities.

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Education Technology--Activities Teachers and Principals

  • Increase student achievement through integrating technology into the curriculum

  • Professional development, distance learning, hardware/software

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Education Technology—Special Requirement Teachers and Principals

  • Children’s Internet Protection Act (CIPA):

    Schools must certify that they have in place and are enforcing an Internet protection policy that includes the operation of a technology protection measure on any computer with Internet access.

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Title III: Language Instruction for Limited English Proficient and Immigrant Students

  • Part A: Language Acquisition, Language Enhancement, and Academic Achievement Act

  • FY02 Appropriation: $665 million; FY01 Appropriation: $446 million

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Language Acquisition--Funding Proficient and Immigrant Students


  • Formula to states: 20% based on # of immigrant students; 80% based on # of LEP students

  • LEA grants based on # of LEP students

  • 95% of state funds grants to LEAs or LEAs in combination with IHE, CBO, or SEA

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Limited English Proficient Proficient and Immigrant Students

  • State determinations of LEP

  • LEA determinations of LEP:

    *Not born in U.S. or native language not English

    *Difficulties in speaking, reading, writing, or understanding English may deny ability to achieve to proficient level, ability to achieve in English-language classroom, or opportunity to participate fully in society.

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Language Acquisition—Special Requirements Proficient and Immigrant Students

Special Requirements

  • Within 30 days, LEA must notify all parents of students participating in LEP program:

    • Reasons child was identified

    • Child’s level of English proficiency

    • Program being used and how it is different from other available programs

    • Right of parent to decline a program

    • Notification must be in language parent can understand.

    • Must include how long child is expected to remain in the program.

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The purpose is to ensure LEP children: Proficient and Immigrant Students

attain English proficiency

Develop high levels of academic achievement

Meet challenging standards


Activities to increase English proficiency

High quality professional development

Improve instruction

Upgrade curricula

Provide tutorials

Create community and family participation programs

Language Acquisition—Purpose and Activities

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Title IV: 21 Proficient and Immigrant Studentsst Century Schools

  • Part A: Safe and Drug-Free Schools and Communities

  • FY02 Appropriation: $644 million; FY01 Appropriation: $644 million

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Part A: Safe and Drug-Free Schools and Communities Proficient and Immigrant Students

  • Grants to governors and SEAs to support violence and drug abuse prevention programs

  • Equitable participation for private school students

  • Activities may include drug, violence and suicide prevention, mentoring programs and professional counseling

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SDFS-Principles of Effectiveness Proficient and Immigrant Students

  • All programs must be designed in accordance with the Principles of Effectiveness

  • To determine the effectiveness of programs under SDFS, LEAs must conduct an assessment of objective data regarding the incidence of violence and illegal drug use in the schools served by the program and must include private school students served by the program

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21 Proficient and Immigrant Studentsst Century Community Learning Centers—Title IV, Part B

  • FY01 Appropriation: $900 million

  • FY02 Appropriation: $1 billion

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21 Proficient and Immigrant Studentsst Century--Funding

  • Funds to the SEA are based on Title I count in the state

  • 95% of funds are granted to eligible entities

  • Eligible entities include an LEA, CBO, another public or private entity, or a consortium of 2 or more of these entities

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21 Proficient and Immigrant Studentsst Century--Activities

  • Supports the creation of before- and after-school or summer programs

  • Programs provide academic enrichment and other programs

  • Priority for high-poverty areas

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21 Proficient and Immigrant Studentsst Century—Participation by Private Schools and Private School Students

  • Private school students must be offered equitable participation by all entities.

  • Private schools may apply as an “entity”

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Title V: Promoting Informed Parental Choice and Innovative Programs

  • Part A: Innovative Programs

  • FY02 Appropriation: $385 million; FY01 Appropriation: $385 million

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Innovative Programs: Funding Programs

  • States receive funding on the basis of the school-aged population.

  • At least 85% of the FY02 state funds must be granted to LEAs on the basis of the number of public and private school students within the LEA; future years, 100% must be granted

  • SEAs adjust their LEA allocations based on # of children living in areas of high concentrations of low-income families, # of children in poverty, and # of children in sparsely populated areas

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Innovative Programs Programs

  • Professional development

  • Technology activities

  • Purchase of instructional and educational materials

  • Computer hardware and software

  • Programs for disadvantaged students or gifted/talented students

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Innovative Programs: additional uses Programs

  • Parental and community involvement activities

  • Community service and service learning

  • Hire and support school nurses

  • Mental health and counseling programs

  • CPR training

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Part D, Subpart 6: Gifted and Talented Students Programs

  • FY01 Appropriation: $7.5 million; FY02: $11.25 million

  • Grants or contracts with SEAs, LEAs, IHEs, or other public or private agencies or organizations, including private and religious schools

  • Meet the educational needs of gifted and talented students

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Title VI: Flexibility and Accountability Programs

  • New Title

  • Ability to transfer funds between programs

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Rural Education Achievement Program (REAP) Programs

  • “Applicable funding” subject to equitable participation provisions

  • Set aside private school student funds

  • LEA and private school officials can choose to flex the same, differently, or not at all.

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Transferability Programs

  • State and LEA may each transfer up to 50% of non-administrative funds to carry out state-level and LEA activities.

  • SEA and LEA that transfer are required to conduct consultations in accordance with section 9501 if the transfer transfers funds from a program providing for equitable participation.

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The LEA can transfer 50% Programsfrom:

Teacher and principal training/recruitment

Education technology

Safe and Drug-Free Schools

Innovative Programs

The LEA can transfer into:

Any of the programs from which funds were transferred and into Title I

LEA Transferability

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Local Flexibility Demonstration Agreements (Local-Flex) Programs

  • Up to 80 LEAs; 3 local-flex per state

  • Consolidate funds to meet AYP and narrow achievement gap

  • Must provide for equitable participation of private school students and teachers

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State Flexibility Authority (State-Flex) Programs

  • Up to 7 SEAs

  • Consolidate funds from State-level activities and State administration

  • Specify how LEAs may use funds under Innovative Programs

  • Performance agreement with 4-10 LEAs, giving LEAs flexibility

  • Ensure equitable participation

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Education Flexibility Partnership (Ed-Flex) Programs

  • Once delegated Ed-Flex authority, a State may waive requirements that impede ability to carry out school reform.

  • Equitable participation cannot be waived.

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Military and College Recruiters Programs

  • LEAs receiving funds must provide, upon request, student names, addresses and phone numbers to recruiters.

  • Unclear if this applies to private schools

  • Individuals can request that their information not be released.

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Resources Programs

  • Statute, program descriptions, new releases:

  • State-by-state budget tables:

  • Links to private school regulations and guidance:

  • Publications, updates, Power Point presentation:

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Contact us! Programs

  • USCCB Department of Education


  • USCCB Office of Government Liaison


  • E-mail us