Chapter VII:
Accountability and Flexibility

As noted earlier, the Department, has taken no steps to review all states’ final accountability systems before the expiration of this school year.  Several states’ accountability plans were reviewed, however, in connection with the “Ed Flex” program, which permits states to issue waivers to schools and districts of certain provisions of federal law they determine stand in the way of reform.  In order to be approved by the Department for Ed-Flex status, states must have final assessment and accountability systems that Title I requirements.  A preliminary review by the Citizens’ Commission raises serious concerns, about Ed-Flex program, including the following:

·        Texas, an early Ed Flex state, provides a blanket waiver, allowing any Title I school to operate a schoolwide program.  Current law allows only those schools whose enrollment is more than 50% poor to do so.  Others are required to submit waiver requests to the Department which are evaluated on a case-by-case basis to ensure there is no dilution to services to the students at greatest academic risk.[18]

·        Delaware was recently granted Ed Flex approval despite weak or vague plans for adequate yearly progress, corrective action and inclusion of LEP students.

·        Pennsylvania was also approved despite a poor track record on inclusion of LEP students, and a finding by the Department of only “minimal” provisions for technical assistance and corrective action to help low-performing schools.

·        Finally, the Department approved Kansas for Ed Flex despite a number of troubling defects in the state’s plan including: failure to ensure the quality and rigor of locally-adopted assessments, insufficient evidence of full inclusion or LEP and disabled students, and a definition of AYP that codifies low expectations and fails to assure that all students meet proficiency standards.

[18] See Title I in Midstream, Chapter VII.