U.S. Department of Education

07/07/2026 | Press release | Distributed by Public on 07/07/2026 14:27

U.S. Department of Education Approves Arkansas’ Returning Education to the States Waiver, Other Education Flexibilities

July 7, 2026

Today, the U.S. Department of Education (ED) granted a major set of flexibilities that will allow Arkansas to streamline federal compliance requirements and enhance the state's ability to serve its students. ED approved Arkansas' Returning Education to the States Waiver, ESEA state plan amendment for Title I-A, and application for Ed-Flex authority, marking the first time a state has received concurrent approval for such a comprehensive plan to support students.

Arkansas is the 21st state to receive Ed-Flex authority, which is the highest-ever number of states utilizing this flexibility in ED's history. Ed-Flex authority allows states to waive select federal requirements for local education agencies without first having to receive approval from ED. Arkansas is also the 5th state to receive a Returning Education to the States waiver.

Under the Returning Education to the States Waiver, the Arkansas Department of Education (ADE) can now consolidate four federal funding streams into one - similar to the flexibility granted to Iowa, Louisiana, Indiana, and Vermont.

This enables Arkansas to consolidate over $8.8 million in federal funding over the next four years. The waiver also expands eligibility for Alternative Fund Use Authority to include more rural school districts and support rural Arkansas communities.

Additionally, the waiver allows Arkansas to simplify its education accountability system. High schools can incorporate the test scores of advanced students who take all high school-level courses and corresponding assessments in mathematics, science, and reading/language arts prior to high school, encouraging schools to support students taking advanced courses earlier. Finally, it allows Arkansas to more accurately track the long-term outcomes for students in temporary alternative learning environments by reassigning them to their home school.

"Arkansas is demonstrating exactly why the Trump Administration is returning education to the states: to give students a better shot at success by trusting the people closest to them," said U.S. Secretary of Education Linda McMahon. "This flexibility not only prevents dollars from getting lost in bureaucracy - it opens real opportunities for Arkansas students who are ready to move ahead, strengthens schools that want to strategically leverage every federal dollar, and makes sure every child is supported no matter where they start. Congratulations to Arkansas leaders, students, and families on this giant leap forward to bolster education in every community."

"Arkansas has proven that when you trust parents, empower teachers, and put students ahead of bureaucracy, kids succeed," said Arkansas Governor Sarah Huckabee Sanders. "This approval gives us even more freedom to cut red tape, put education dollars where they belong-in the classroom-and continue building the best education system in America. I appreciate President Trump and Secretary McMahon for trusting states like Arkansas to lead."

"Today, Arkansas is reclaiming education - and we're grateful to have a friendly administration that empowers states to lead," said Arkansas Secretary of Education Jacob Oliva. "For far too long, Arkansas was buried under duplicative federal systems that wasted taxpayer dollars and robbed our state and districts of flexibility and innovation. That era is over. Under the Reclaiming Arkansas Education plan, Arkansas will lean on the blueprint provided in the LEARNS Act. ATLAS data proves LEARNS is working, and now - thanks to this administration's willingness to empower the states - Arkansas will be able to better support our most vulnerable students."

BACKGROUND:

When the existing statutory flexibilities for states, districts, and schools are insufficient, Title VIII of the Elementary and Secondary Education Act of 1965 as amended (ESEA), allows states and tribes to submit requests to the Secretary to waive statutory or regulatory requirements. These waiver requests are subject to certain restrictions in law and must be justified by their potential to improve student outcomes.

ED approved the following requests for Arkansas' waiver:

  • Expanded Alternative Fund Use Authority (AFUA) Eligibility - Expands the eligibility for AFUA from just Small, Rural School Achievement (SRSA)-eligible schools to also include Rural and Low-Income School (RLIS)-eligible schools so they may also consolidate Title II-A and Title IV-A funds.
  • Consolidated State Activities Fund - Provides greater flexibility for the use of formula funds Arkansas receives from ED by allowing ADE to consolidate State-level activities funds in ESEA Title II-A, Title III-A, Title IV-A, and Title IV-B, while continuing to support the students who need these funds most.
  • Permission to Use High School Assessment Results Twice for Students Taking Advanced Assessments - Expands the existing flexibility that ADE already implements - which allows 7th and 8th grade students enrolled in advanced math or science courses to take the corresponding high school end-of-course assessment rather than the grade-level assessment - to grades five and six and to reading/language arts in grades five through eight.
  • Reassign Students in Alternative Learning Environment (ALE) Local Education Agencies to their Origin School - Allows ADE to reassign students enrolled in ALE local education agencies to their school of origin for accountability and school identification to more accurately capture long-term student outcomes.

ED also approved ADE's ESEA state plan amendment for Title I-A and its application for Ed-Flex authority.

  • The ESEA state plan amendment includes alignment between state and federal accountability requirements and updates to the State's system to enhance accountability measures and target school improvement efforts more effectively. See the official letter approving the state plan amendment here.
  • Ed-Flex allows ADE to waive select federal requirements for local education agencies without first having to receive approval from ED.

On March 20, 2025, President Trump signed Executive Order 14242, Improving Education Outcomes by Empowering Parents, States, and Communities. Since then, ED has taken steps to break up the federal education bureaucracy, expand education freedom, and empower states by sharing guidance and resources on existing flexibilities in statute to spend federal education dollars.

For more information on how the Department has empowered states in education, click here.

See the official letter from Secretary McMahon to Secretary Oliva here.

Contact

Press Office
(202) 401-1576
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