The U.S. Department of Education’s Office of Elementary and Secondary Education has issued a letter to chief state school officers, reminding them of their ability to apply for Ed-Flex authority under the Education Flexibility Partnership Act of 1999. This program allows states with Ed-Flex status to waive certain federal requirements for districts and schools without seeking prior approval from the Department.
“The Trump Administration’s goal is to improve academic achievement, particularly by strengthening literacy and numeracy instruction, empowering parents, and returning education to the states,” said Acting Assistant Secretary for the Office of Elementary and Secondary Education Hayley Sanon. “The Trump-McMahon Department of Education is pleased to remind states of a flexibility option that allows them to waive federal requirements for school districts. As we return education to the states, we are hopeful the Ed-Flex authority will be more widely used to better meet students’ unique learning needs.”
This latest guidance marks the sixth such document released by the Department focused on expanding educational choice and increasing flexibility under the Elementary and Secondary Education Act (ESEA). Previous guidance has covered areas including Direct Student Services, Persistently Dangerous and Unsafe Schools, Title I School Improvement Provisions, and Equitable Services.
The Department continues to encourage chief state school officers to explore existing statutory flexibilities and seek waivers from federal statutory and regulatory requirements where appropriate.
Under current law, while some flexibility is already built into statutes like the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], certain federal rules may still present challenges for local efforts aimed at improving academic outcomes.
States interested in gaining Ed-Flex status can apply through an online process provided by the Department. At present, 11 states hold Ed-Flex authority. During the 2023-2024 academic year, these states reported issuing approximately 575 waivers under this program.
A full copy of the Dear Colleague Letter is available on the Department’s website.
