Ed-FLEX Waivers

Texas received approval from the U.S. Department of Education to continue its Ed-Flex waiver authority under the Education Flexibility Partnership Act of 1999, as amended, on April 13, 2006, effective until such time as Title I, Part A of NCLB is reauthorized.

As an Ed-Flex state, Texas has the authority to waive provisions of the following federal programs in order to assist school districts in designing and implementing the programs in ways that best meet the needs of their students and communities.

  • No Child Left Behind Act of 2001

- Title I, Part A (except sections 1111 and 1116)
- Title I, Parts C, D, and F
- Title II, Part A, Subparts 2 and 3
- Title II, Part D, Subpart 1
- Title III, Part B, Subpart 4
- Title IV, Part A, Subpart 1
- Title V, Part A

  • Carl D. Perkins Vocational and Technical Education Act of 1998.

 Individual Programmatic Waivers

Application: To request an individual programmatic waiver for a requirement of one of these programs, local education agencies must submit an Ed-Flex application. The Application for Individual Programmatic Waivers and a description of the waivers available can be printed from this site:

The application above is for Individual Programmatic Waivers only. Complete a separate application for each Individual Programmatic Waiver requested.  Applicants will be notified of their waiver status (approval, approval with changes, denial) within 45 days of the application deadline.

Application for the Title I, Part A Schoolwide Eligibility waiver (Word, 57KB) is made through a separate process.

Application Deadline: The deadlines for submitting an application for an Individual Programmatic Waiver for 2013-2014 are as follows:

May 22, 2013, for a start date of July 1, 2013
Aug. 15, 2013, for a start date of Oct. 1, 2013


No applications received after the Aug. 15 deadline will be considered for the 2013-2014 school year.

Length of Waiver: Individual Programmatic Waivers may be requested for up to a three-year period.

Application Review and Approval: TEA staff will review each request to ensure that it was approved by the local board of trustees, signed by the superintendent, includes comments of the appropriate site-based decision-making committee, and identifies a technical assistance provider that will be used if the required annual gains in student performance are not met.

A written staff analysis will be forwarded with the waiver to the Committee of Practitioners (serves as the State Ed-Flex Committee) for consideration.

Applications received by May 1, 2013, will be considered by the Committee of Practitioners (serves as the State Ed-Flex Committee) at the June 2013 meeting. Applications received by Aug. 15, 2013, will be considered by the Committee at the September 2013 meeting. The person listed on the LEA's Individual Programmatic Waiver Application as the Ed-Flex Contact must be available for telephone consultation on the date the Committee is scheduled to consider this waiver in case the Committee has questions.

The recommendation of the committee will be forwarded to the commissioner of education for final action.
A letter transmitting the commissioner´s decision will be sent to the LEA.


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Evaluation: Specific performance criteria, based upon the Texas Accountability System and the recommendation of the Committee of Practitioners (serves as the State Ed-Flex Committee) , will be included with each approved Individual Programmatic Waiver request.

At the end of the waiver period, if the evaluation criteria as established in the approval letter have not been met, the applicant may not reapply for the same waiver under the State's current Ed-Flex authority.


Non-allowable Waivers:

    Unallowable Waivers


State Performance Reports

The Ed-Flex State Performance Reports provide information to the U.S. Department of Education or interested parties on districts or schools that have been granted flexibility under the Ed-Flex Partnership Act.  The following files are in Adobe PDF format.


For additional information, contact:

Division of Federal and State Education Policy
(512) 463-9414
nclb@tea.state.tx.us

Page last modified on 5/15/2013 03:45:24 PM.