U.S. Department of Education Issues Guidance to States on Ed-Flex Option to Encourage Local Innovation

The U.S. Department of Education's Office of Elementary and Secondary Education today sent a letter to all chief state school officers reminding them that they may apply for authority under the Education Flexibility Partnership Act of 1999 (Ed-Flex Act). This option allows states with Ed-Flex authority to waive certain federal requirements that apply to districts and schools without first having to submit waivers to the Department for review and approval - allowing school districts to focus on improving learning outcomes and better serve the needs of the local community.

"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 is the sixth piece of guidance the Department has issued on expanding education choice and providing greater flexibility under the Elementary and Secondary Education Act (ESEA). Previous guidance includes:

• Direct Student Services (March 31, 2025);
• Persistently Dangerous and Unsafe Schools (May 7, 2025);
• Title I School Improvement Provisions (June 26, 2025); and
• Equitable Services (August 21, 2025).

The Department has also issued guidance to all chief state school officers highlighting existing statutory flexibilities and inviting them to seek waivers from federal statutory and regulatory requirements.

Background:

Although the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and other federal education statutes afford flexibility to state educational agencies and local educational agencies in implementing federal programs, certain requirements of federal education statutes or regulations may impede local efforts to reform and improve academic achievement.

Any interested state educational agency (SEA) may apply to become an Ed-Flex state, using the Department's online application.
Currently, 11 states have Ed-Flex authority. In the 2023-2024 school year, Ed-Flex states reported granting approximately 575 waivers.

Read the full Dear Colleague Letter here.

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