FLEXIBILITIES FOR STATES AND 

DISTRICTS IN THE EVERY STUDENT 

SUCCEEDS ACT 

NOVEMBER 7, 2018
AGENDA

2

 Purpose

 State Flexibilities

 School District Flexibilities 
PURPOSE
PURPOSE

4

GENERAL

 Highlight basic information about key flexibilities in 

the Elementary and Secondary Education Act of 

1965 (ESEA) so State and local education leaders 

can do what is best for children while maintaining 

important protections for historically underserved 

students
STATE FLEXIBILITIES
STATE FLEXIBILITIES

6

A. Challenging academic standards and assessments

B. Statewide accountability system

C. School support and improvement activities

D. Direct student services

E. Institution-wide projects under Title I, Part D, 

Subpart 1

F. Charter schools program

G. Funding transferability for States

H. Ed-Flex

I. Consolidation of funds for State administration

J. Waivers
STATE FLEXIBILITIES: 

A. ACADEMIC STANDARDS 

AND ASSESSMENTS 
A. CHALLENGING ACADEMIC STANDARDS

8

ESEA SECTION 1111(b)(1)

 The ESEA requires that each State seeking funds 

under Title I, Part A develop challenging academic 

content and achievement standards that specify the 

knowledge, skills and levels of achievement that a 

State expects of all its students

 States have broad discretion to establish standards 

that reflect what the State and stakeholders 

determines is relevant for students in the State
A. CHALLENGING ACADEMIC 

ASSESSMENTS

9

ESEA SECTION 1111(b)(2)

 ESEA requires that each State implement a 

statewide set of annual academic assessments in 

mathematics, reading or language arts and science 

– A State’s assessment system must include all students, 

including students with disabilities and English learners 

(ESEA section 1111(b)(2)(B)(vii)) 

 State has broad discretion to select the assessments 

and assessment items that are aligned with its 

academic content standards and measure what the 

State expects students in the State to know and be 

able to do
A. ACADEMIC ASSESSMENTS

10

SUMMARY OF STATE ASSESSMENT FLEXIBILITIES

1. Eighth grade mathematics exception

2. Locally selected, nationally recognized high school 

academic assessments

3. Innovative assessment and accountability 

demonstration authority

4. Alternate academic achievement standards and 

alternate assessments for students with the most 

significant cognitive disabilities

5. Adaptive testing
A.1. EIGHTH GRADE MATH EXCEPTION

11

ESEA SECTION 1111(b)(2)(C)

 State may exempt any 8th grade student from the 

mathematics assessment the State administers in 8th

grade if the student takes the end-of-course 

mathematics assessment the State typically 

administers in high school for Federal accountability 

purposes 

 Applies to States that give end-of-course 

mathematics tests

 Avoids double testing 8th grade students in 

mathematics provided that, when a student reaches 

high school, the student must take a more advanced 

high school mathematics assessment
A.2. HIGH SCHOOL ACADEMIC 

ASSESSMENTS

12

ESEA SECTION 1111(b)(2)(H); 34 C.F.R. § 200.3

 State may permit its districts to administer a locally 

selected, nationally recognized high school academic 

assessment in place of the high school-level 

statewide academic assessment

– The district must use the same nationally recognized 

assessment for all its high school students

– These assessments must be reviewed by the State and 

then peer reviewed by the Department

– A district must make parents aware of its selection and 

administer the assessment to all its high school students
A.3. INNOVATIVE ASSESSMENT 

DEMONSTRATION AUTHORITY

13

ESEA SECTION 1204; 34 C.F.R. §§ 200.104-200.108

 State may apply to implement an innovative 

assessment system in some of its districts, with the aim 

of scaling up the innovative assessment statewide 

 May allow students to demonstrate mastery or 

proficiency and allow a district to differentiate 

student support based on individual learning needs

– The system could include competency-based, 

instructionally embedded, interim, cumulative year-end, 

or performance-based assessments

– Assessments must result in an annual summative 

determination for a student
A.3. INNOVATIVE ASSESSMENT 

DEMONSTRATION AUTHORITY

14

ESEA SECTION 1204; 34 C.F.R. §§ 200.104-200.108

 Louisiana and New Hampshire received approval 

beginning in school year 2018-2019. More 

information about their proposals is available on the 

website.

 States interested in applying may do so now. 

Applications are due December 17, 2018 

 Additional information is available at 

https://www2.ed.gov/admins/lead/account/iada/i

ndex.html. 
A.4. ALTERNATE ACHIEVEMENT 

STANDARDS & ALTERNATE ASSESSMENTS

15

ESEA SECTIONS 1111(b)(1)(E), 1111(b)(2)(D); 34 C.F.R. §§ 200.2(b)(3)(ii)(B)(2), 

200.6(c)-(d)

 A State may adopt alternate academic achievement 

standards and aligned alternate assessments for 

students with the most significant cognitive disabilities 

 These alternate achievement standards must: 

– Be aligned with the State’s academic content standards

– Promote access to the general education curriculum, and 

– Reflect professional judgment as to the highest possible 

standards achievable by such students

 A State may assess up to one percent of its tested 

population with an alternate assessment
A.5. ADAPTIVE TESTING 

16

ESEA SECTION 1111(b)(2)(J); 34 C.F.R. § 200.2(c)

 The ESEA allows a State to administer its statewide 

assessments in the form of computer-adaptive 

assessments

 A computer-adaptive assessment may measure a 

student’s academic proficiency and growth using 

items above or below the student’s grade level 

provided it also measures the student’s academic 

proficiency based on the standards for the grade in 

which the student is enrolled

 States must report student results on grade-level 

achievement (proficiency) standards
STATE FLEXIBILITIES: 

B. STATEWIDE 

ACCOUNTABILITY SYSTEM
B. STATEWIDE ACCOUNTABILITY SYSTEM

18

ESEA SECTIONs 1111(b)(3), (c) and (d)

 The ESEA requires each State to develop and use a 

statewide system of accountability for public schools 

to improve academic achievement and school success

 The ESEA requires measuring academic achievement, 

using another academic measure, including 

graduation rate, considering the progress of English 

learners in achieving English language proficiency, 

and using at least one measure of school quality or 

student success

 States have broad discretion over the design of the 

accountability system
B. STATEWIDE ACCOUNTABILITY SYSTEM

19

ESEA SECTIONS 1111(b)(3), (c) and (d)

 State accountability systems vary widely. Some have 

“summative” school ratings, like a letter grade or 

star rating, while others use “dashboards,” 

presenting school performance on various indicators. 

Variation can support State and local priorities

 Approved State plans include accountability systems 

and are available at 

https://www2.ed.gov/admins/lead/account/statepl

an17/index.html. 
B. STATEWIDE ACCOUNTABILITY SYSTEM

20

ESEA SECTIONS 1111(b)(3), (c) and (d)

1. Exception for recently arrived English learners

2. English learner subgroup (former English learners)
B.1. RECENTLY ARRIVED ENGLISH

LEARNERS (RAELS)

21

ESEA SECTION 1111(b)(3)(A)

 A State has 3 options for how to include in its 

accountability system those English learners who 

have been enrolled in a school in one of the 50 

States or DC for less than 12 months (RAELs):

– Exclude RAELs from 1 administration of the 

reading/language arts test, give and report on RAEL 

performance on the tests in the other tested subjects but 

do not include those results for accountability purposes;

– Assess and report on performance on each test in year 1 

but do not include for accountability purposes; in year 2 

include ONLY growth measures in accountability

– A combination of the first two options
B.2. ENGLISH LEARNER SUBGROUP

22

ESEA SECTION 1111(b)(3)(B)

 The ESEA allows a State to include the results of 

students who were previously identified as English 

learners and have exited English learner status as 

part of the English learner student subgroup for the 

purposes of calculating student performance on the 

reading/language arts or mathematics assessments

 A State may include such students for a Statedetermined number of years that may not exceed 

four years
STATE FLEXIBILITIES: 

C. SCHOOL SUPPORT AND 

IMPROVEMENT ACTIVITIES
C. SCHOOL SUPPORT AND IMPROVEMENT

24

ESEA SECTION 1111(d)

1. State discretion with respect to alternative high 

schools

2. School improvement funds
C.1. STATE DISCRETION WITH REGARD TO 

ALTERNATIVE HIGH SCHOOLS

25

ESEA SECTION 1111(d)(1)(C)

 A State may allow differentiated improvement 

options for high schools that require comprehensive 

support due to a graduation rate of 67% or less if 

they are:

– Dropout recovery schools or

– Credit recovery programs

 A State may forego improvement activities for a 

high school identified for comprehensive support due 

to a graduation rate of 67% or less if the school has 

a total enrollment of fewer than 100 students
C.2. SCHOOL IMPROVEMENT FUNDS

26

ESEA SECTION 1003

 Under ESEA section 1003(a), a State must reserve a 

portion of its Title I, Part A funds to support school 

improvement activities

 A State has discretion over whether to distribute 

those funds on a formula or competitive basis

 A State determines the length of the sub-grants it 

awards, up to a period of 4 years

 A State determines what additional information, if 

any, it requires in a district’s application for school 

improvement funds beyond the minimum information 

required by section 1003(e)
C.2. SCHOOL IMPROVEMENT FUNDS

27

ESEA SECTION 1003

 If a State determines that the amount of funds it 

reserves under section 1003 is greater than the 

amount needed to serve schools identified for 

comprehensive or targeted support and 

improvement, the State must allocate the excess 

funds either:

– Based on the relative allocations of Title I, Part A funds 

across districts for that fiscal year OR

– In accordance with any other criteria established by the 

State
STATE & DISTRICT 

FLEXIBILITIES: 

D. DIRECT STUDENT SERVICES
D. DIRECT STUDENT SERVICES – STATE 

FLEXIBILITIES

29

ESEA SECTION 1003A

 A State determines whether to reserve up to 3% of 

its Title I, Part A funds for direct student services

 If a State chooses to reserve funds for this purpose, 

the State determines how to award such funds, 

consistent with the parameters in section 1003A(b)

 A State determines what additional information, if 

any, it requires in a district’s application for funds for 

direct student services beyond the minimum 

information required by section 1003A(d)
D. DIRECT STUDENT SERVICES – DISTRICT 

FLEXIBILITIES

30

ESEA SECTION 1003A

 For example, a district may use funds for: 

– Transportation costs to allow a student enrolled in a 

comprehensive support and improvement school to 

transfer to another public school that has not been 

identified as comprehensive support and improvement if 

the district is not reserving funds under ESEA section 

1111(d)(1)(D)(v) for this purpose

– Credit recovery, enrollment in academic courses not 

otherwise available in a particular school, academic 

acceleration courses, components of a personalized 

learning approach, and assistance for Advanced 

Placement and International Baccalaureate exam fees
STATE FLEXIBILITIES: 

E. TITLE I, PART D, 

SUBPART 1
E. INSTITUTION-WIDE PROJECTS UNDER 

TITLE I, PART D, SUBPART 1

32

ESEA SECTION 1416

 A State agency that provides free public education 

for children and youth in an institution for neglected 

or delinquent children and youth (other than an adult 

correctional institution) or attending a community day 

program may use funds under Title I, Part D, Subpart 

1 to operate an institution-wide project that serves 

all children in, and upgrades the entire educational 

effort of, the institution or program

 Such agency must develop a comprehensive plan 

consistent with section 1416 that the State approves
STATE FLEXIBILITIES: 

F. CHARTER SCHOOLS 

PROGRAM
F. CHARTER SCHOOLS PROGRAM

34

ESEA SECTION 4301 ET SEQ.

 The Department awards funds through the 

Expanding Opportunity through Quality Charter 

Schools Program (CSP) to:

– Support creation of new charter schools

– Support replication and expansion of high-quality 

charter schools

 Specific State entities are eligible entities, as are 

charter management organizations. Charter school 

developers that reside in States that do not have 

active CSP State entity grants are also eligible
F. CHARTER SCHOOLS PROGRAM

35

ESEA SECTION 4301 ET SEQ.

 Applicants have substantial flexibility in developing 

charter school programs

 CSP grantees and subgrantees have flexibility to 

request waivers, subject to the Secretary’s approval, 

of any statutory or regulatory requirement over 

which the Secretary exercises administrative 

authority, except the requirements related to the 

definition of “charter school” in section 4310(2)
STATE & DISTRICT 

FLEXIBILITIES: 

G. FUNDING 

TRANSFERABILITY
G. FUNDING TRANSFERABILITY

37

ESEA SECTION 5103

 Both States and school districts have broad flexibility 

to transfer some or all of their funds under certain 

ESEA programs to other eligible ESEA programs to 

better meet State and local needs

 A State or district does not need prior approval 

from the Department to implement transferability, 

but it must engage in timely and meaningful 

consultation with private school officials before 

taking such action
G. FUNDING TRANSFERABILITY

38

ESEA SECTION 5103

 Transferability does not affect the overall amount of 

ESEA funds a State or district receives

 Funds may only be transferred OUT of 

– Title II, Part A, 

– Title IV, Part A, and 

– At the State-level, Title IV, Part B

 Funds may be transferred INTO Title I, Parts A, C, or 

D; Title II, Part A; Title III, Part A; Title IV, Part A; or 

Title V, Part B
G. FUNDING TRANSFERABILITY

39

ESEA SECTION 5103

 For more information, see the “Transferability” 

section in the Fiscal Changes and Equitable Services 

Requirements under the ESEA non-regulatory 

guidance, available at 

https://www2.ed.gov/policy/elsec/leg/essa/essag

uidance160477.pdf, and the Guidance on the 

Transferability Authority, which remains applicable 

except as modified by the Fiscal Changes guidance, 

available at 

www2.ed.gov/programs/transferability/finalsumma

ry04.doc
STATE FLEXIBILITIES: 

H. ED-FLEX
H. ED-FLEX

41

EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999

 The Education Flexibility Partnership Act of 1999 

(Ed-Flex) was amended by the ESSA

 Ed-Flex allows the Department to delegate to States 

the authority to waive certain Federal education 

requirements

 Ed-Flex helps districts, educational service agencies 

(ESAs) and schools implement reforms to raise 

achievement of all children by providing flexibility 

from some Federal requirement
H. ED-FLEX

42

EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999

 In the 2018-2019 school year, 10 States that were 

previously approved are continuing to offer this 

flexibility 

 The Department intends to make State applications 

for this flexibility available to all States during the 

2018-2019 school year
STATE FLEXIBILITIES: 

I. CONSOLIDATION OF 

ADMINISTRATIVE FUNDS
I. CONSOLIDATING ADMINISTRATIVE 

FUNDS

44

ESEA SECTION 8201(a)

 A State that can demonstrate that the majority of its 

resources are derived from non-Federal sources may 

consolidate funds available for administration under 

any ESEA program

 A State that consolidates administrative funds does 

not need to keep separate records for affected 

administrative funds
I. CONSOLIDATING ADMINISTRATIVE 

FUNDS

45

ESEA SECTION 8201(a)

 Such consolidated administrative funds may be used 

to administer the programs included in the 

consolidation, carry out activities to coordinate those 

programs, or develop standards and assessments

 If a State does not use all consolidated 

administrative funds in a particular year, it may 

carry over the unused funds during the applicable 

period of availability as funds available under one 

or more of the programs included in the 

consolidation
STATE & DISTRICT 

FLEXIBILITIES: 

J. WAIVERS
J. WAIVERS

47

ESEA SECTION 8401

 This flexibility applies to both States and districts

 Section 8401 of the ESEA authorizes the Secretary 

to waive certain statutory and regulatory 

requirements for ESEA programs

 A State must submit waiver requests on behalf of a 

school or district in addition to submitting its own 

State-level waiver requests

 A State may apply for a waiver via email or mail; 

we encourage you to reach out to your program 

officer in the Department
J. WAIVERS

48

ESEA SECTION 8401

 A waiver request must include:

– The statutory or regulatory requirements to be waived; 

– How waiving the requirements will advance student academic 

achievement; 

– The methods by which the State, district, school, or Indian tribe 

(entity) will monitor and evaluate effectiveness; 

– If the waiver relates to provisions of assessments or State or 

district report cards, how the entity will maintain or improve 

transparency for parents and the public, including regarding 

the achievement of student subgroups; and

– The notice and comment process, including by submitting the 

comments and input to the Secretary, with a description of 

how the State addressed the comments and input
QUESTIONS?
DISTRICT FLEXIBILITIES
DISTRICT FLEXIBILITIES

51

A. Consolidation of funds for local administration

B. Student-centered Funding Pilot

C. Locally selected, nationally recognized high school 

academic assessments

D. District and school discretion regarding school 

improvement

E. School improvement funds

F. Public school choice

G. Supplement not supplant

H. Consolidation of funds in a schoolwide program

I. Funding transferability for districts

J. Waivers

K. SRSA alternative uses of funds
DISTRICT FLEXIBILITIES: 

A. CONSOLIDATION OF 

FUNDS FOR LOCAL 

ADMINISTRATION
A. CONSOLIDATING ADMINISTRATIVE 

FUNDS

53

ESEA SECTION 8203

 A district, with State approval, may consolidate 

funds available for administration under one or more 

ESEA programs provided the amount set aside under 

each program is equal to or less than the amount the 

statute allows for administration 

 A district that consolidates administrative funds does 

not need to keep separate records for affected 

administrative funds
A. CONSOLIDATING ADMINISTRATIVE 

FUNDS

54

ESEA SECTION 8203

 A State must establish procedures for responding to 

district requests to consolidate administrative funds 

and for establishing limitations on the amount of 

funds under those programs that can be used for 

administration on a consolidated basis 
DISTRICT FLEXIBILITIES: 

B. STUDENT-CENTERED 

FUNDING PILOT
B. STUDENT-CENTERED FUNDING PILOT

56

ESEA SECTION 1501

LOCAL

$

ELIGIBLE 

FEDERAL

$

STATE 

$

DOLLARS AVAILABLE

(apply WEIGHTS to this total amount)

A B C D E
B. STUDENT-CENTERED FUNDING PILOT

57

ESEA SECTION 1501

 Section 1501(d)(2)(A)(ii) requires a district operating 

under this flexibility to use weights or allocation 

amounts that allocate substantially more funding to 

English learners and students from low-income 

families, at a minimum

 A district may also use weights for students with any 

other characteristics associated with education 

disadvantage, at its discretion
B. STUDENT-CENTERED FUNDING PILOT

 District receives flexibility from many Federal 

requirements, including separately tracking funds

 This flexibility does not relieve any State-level 

requirements or State requirements delegated to the 

district

 More information is available at: 

www2.ed.gov/policy/elsec/leg/essa/scfp/studentc

entered.html

 Please send questions to 

WeightedFundingPilot@ed.gov

RESOURCES

58
DISTRICT FLEXIBILITIES: 

C. LOCALLY SELECTED, 

NATIONALLY RECOGNIZED 

HIGH SCHOOL ASSESSMENTS
C. LOCALLY SELECTED, NATIONALLY 

RECOGNIZED HIGH SCHOOL ASSESSMENTS

60

ESEA SECTION 1111(b)(2)(H); 34 C.F.R. § 200.3

 If a State permits its districts to administer a locally 

selected, nationally recognized high school academic 

assessment in place of the high school-level 

statewide academic assessment, a district may apply 

to the State for this option

 A district must make parents aware of its decision to 

select and administer the assessment to all its high 

school students
C. LOCALLY SELECTED, NATIONALLY 

RECOGNIZED HIGH SCHOOL ASSESSMENTS

61

ESEA SECTION 1111(b)(2)(H); 34 C.F.R. § 200.3

 A “nationally recognized high school academic 

assessment” is an assessment of high school students’ 

knowledge and skills that is administered in multiple 

States and is recognized by institutions of higher 

education in those or other States for the purposes 

of entrance or placement into courses in 

postsecondary education or training programs
DISTRICT & SCHOOL 

FLEXIBILITIES: 

D. SCHOOL IMPROVEMENT 

ACTIVITIES
D. SCHOOL IMPROVEMENT ACTIVITIES

63

ESEA SECTIONS 1111(d)(1)(B) and (d)(2)(B)

 A district determines which evidence-based 

interventions to include in each comprehensive 

support and improvement plan

 A school required to implement a targeted support 

and improvement plan determines which evidencebased interventions to include

 Plans focus on local needs
DISTRICT FLEXIBILITIES: 

E. SCHOOL IMPROVEMENT 

FUNDS
E. SCHOOL IMPROVEMENT FUNDS

65

ESEA SECTION 1003

 A district with one or more schools identified for 

comprehensive or targeted support and 

improvement may apply to the State for school 

improvement funds

 The district has substantial flexibility with regard to 

its request for school improvement funding, including 

over such things as:

– How much funding to request

– How to propose using the funds

– Whether to request funds for district-level activities
E. SCHOOL IMPROVEMENT FUNDS

66

ESEA SECTION 1003

 A district may use school improvement funds for any 

of the following, which are examples:

– family and community engagement

– rigorous review of external providers 

– recruiting and hiring staff

– instructional programs

– professional development and support

– other allowable activities, including those that are part of 

a plan for comprehensive or targeted support and 

improvement, which must include one or more evidencedbased interventions
DISTRICT FLEXIBILITIES: 

F. PUBLIC SCHOOL CHOICE
F. PUBLIC SCHOOL CHOICE

68

ESEA SECTION 1111(d)(1)(D)

 A district may offer students enrolled in a school that 

is identified by the State for comprehensive support 

and improvement the option to transfer to another 

public school served by the district

 A district may use up to 5% of its Title I, Part A funds 

to pay for transportation for students who take 

advantage of this public school choice option
F. PUBLIC SCHOOL CHOICE

69

ESEA SECTION 1111(d)(1)(D)

 ESEA section 1111(d)(1)(D)(ii)-(iv) outlines the 

requirements for implementing public school choice

 For example, ESEA section 1111(d)(1)(D)(ii) requires 

that, in providing the option for public school choice, 

a district prioritize the lowest-achieving students 

from low-income families

 Note that any public school choice option provided 

by a district under these provisions must be consistent 

with State law
DISTRICT FLEXIBILITIES: 

G. SUPPLEMENT NOT 

SUPPLANT
G. SUPPLEMENT NOT SUPPLANT

71

ESEA SECTION 1118(b)(1)

 A district must establish a methodology to allocate 

State and local funds to each Title I school to ensure 

that each school receives all the State and local 

funds it would otherwise receive if it were not 

receiving Title I funds

 For both schoolwide programs and targeted 

assistance schools, a district is not required to 

identify that an individual cost or service supported 

with Title I, Part A funds is supplemental or to 

provide services through a particular instructional 

method or setting
DISTRICT FLEXIBILITIES: 

H. SCHOOLWIDE 

PROGRAMS
H. SCHOOLWIDE PROGRAMS

73

ESEA SECTION 1114(a)(1)(A), 1114(a)(3)

 If ≥40% of students in a Title I, Part A school are 

from low-income families, the school may implement 

a schoolwide program

 A State may grant a waiver for a school with fewer 

than 40% of students from low-income families to 

implement a schoolwide program if it will best serve 

the needs of students in the school who are failing, 

or at risk of failing, to meet the challenging State 

academic standards
H. SCHOOLWIDE PROGRAMS

74

ESEA SECTION 1114(a)(1)(A), 1114(a)(3)

 A schoolwide program is a comprehensive reform 

strategy designed to upgrade the entire educational 

program in a Title I school in order to improve the 

achievement of the lowest-achieving students by 

coordinating services funded from a variety of 

sources into a comprehensive framework

 A school implementing a schoolwide program must 

do a comprehensive needs assessment and develop 

a schoolwide plan
H. SCHOOLWIDE PROGRAMS

75

ESEA SECTION 1114(a)(1)(A), 1114(a)(3)

 A school implementing a schoolwide program may 

consolidate funds from Title I and other Federal 

education programs with State and local funds to 

use all of its funds to meet the specific needs of its 

students identified through a needs assessment and 

included in the schoolwide plan

 For more information, please see the ESEA nonregulatory guidance on schoolwide programs, 

available at 

https://www2.ed.gov/policy/elsec/leg/essa/essas

wpguidance9192016.pdf
DISTRICT FLEXIBILITIES: 

K. RURAL SCHOOL USES 

OF FUNDS
K. SRSA ALTERNATIVE USES OF FUNDS

77

ESEA SECTION 5211

 Districts eligible for the Small, Rural School 

Achievement (SRSA) program under Title V, Part B of 

the ESEA have flexibility in using the formula grant 

funds they receive under certain State-administered 

ESEA programs. This flexibility is the Alternative Fund 

Use Authority (AFUA)

 A district eligible for AFUA may use formula funds 

received under Title II, Part A or Title IV, Part A for 

any allowable activity under Title I, Part A; Title II, 

Part A; Title III; or Title IV, Parts A or B
K. SRSA ALTERNATIVE USES OF FUNDS

78

ESEA SECTION 5211

 Annually, before exercising AFUA, an eligible district 

must notify its State of its intent to do so by the 

notification deadline established by the State

 AFUA is available only to SRSA-eligible districts (it 

differs in this way from transferability, which is 

available to all districts)

 While districts exercising transferability actually 

transfer funds from one program to another, districts 

exercising AFUA do not
K. SRSA ALTERNATIVE USES OF FUNDS

79

ESEA SECTION 5211

 A district implementing AFUA may use eligible 

funding for local activities authorized under certain 

other ESEA programs. However, those eligible funds 

would not be subject to all of the rules and 

requirements of the program under which the 

allowable use is found 

 For additional details on AFUA, particularly as it 

relates to transferability, please see Appendix A of 

the ESSA Flexibilities document
QUESTIONS?
CLOSING
RESOURCES

 More information is available at: 

www2.ed.gov/policy/elsec/leg/essa/index.html

– Summary of the Flexibilities

– Parent’s Guide to ESSA

– Content to build your own Parent’s Guide

 If you have program-specific questions, please 

contact your ED program officer for the relevant 

program or OESE.feedback@ed.gov.

82