Unallowable Ed-FLEX Waivers

Under the Ed-FLEX Partnership Act of 1999 (P. L. 106-25), the following statutory or regulatory requirements may not be waived: 

  • maintenance of effort;
  • comparability of services;  
  • equitable participation of students and professional staff in private schools;  
  • parental participation and involvement;  
  • distribution of funds to States or to local educational agencies;  
  • applicable civil rights requirements;  
  • serving eligible school attendance areas in rank order under section 1113(a)(3) of the Elementary and Secondary Education Act of 1965;  
  • selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under Part A of Title I of such Act if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local education agency that meets the requirements of such subsections (a) and (b);  
  • use of Federal funds to supplement, not supplant, non-Federal funds; and  
  • unless the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary.  


For additional information, contact:

Division of Federal and State Education Policy
(512) 463-9414 


Page last modified on 10/30/2012 03:37:22 PM.