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States may apply for the Educational Flexibility (Ed-Flex), which was reauthorized by the Every Student Succeeds Act (ESSA). It permits interested State educational agencies [SEAs] to waive certain requirements that may impede local efforts to reform and improve education. With this flexibility, SEAs can waive select requirements of Federal statute or regulations that apply to districts and schools without first having to submit those waivers to the U.S. Department of Education for review and approval.
A State can be granted Ed-Flex authority for up to five years once its application has been approved. For more information on Ed Flex, please OESE.Titlei-a@ed.gov.
Requesting Ed-Flex Authority
Interested States may apply for the Educational Flexibility (Ed-Flex) program. This program, which was reauthorized by the Every Student Succeeds Act (ESSA), permits State educational agencies [SEAs] to waive certain requirements that may impede local efforts to reform and improve education. With this flexibility, SEAs can waive select requirements of Federal statute or regulations that apply to districts and schools without first having to submit those waivers to the U.S. Department of Education for review and approval.
A State can be granted Ed-Flex authority for up to five years once its application has been approved. For more information on Ed Flex, please OESE.Titlei-a@ed.gov.
Additional Information
While the Ed-Flex waiver authority is broad, certain fundamental requirements may not be waived, including those pertaining to health, safety, and civil rights; provisions of the Individuals with Disabilities Education Act (IDEA); and requirements relating to parental participation and involvement. Before a State may grant a waiver of any program requirement, it must determine that the underlying purposes of the affected program would continue to be met. Ed-Flex provides States with the authority to waive requirements for districts and schools; however they may not waive requirements pertaining to the SEA. Each Ed-Flex State is required to report annually on its monitoring of waivers it granted. Through these reports, States are to provide information about how Ed-Flex has supported the implementation of standards-based reform. Ed-Flex States are also required to report on the achievement results of schools and districts that have had waivers in place for two school years.
Programs Covered by the Ed-Flex Authority
Under Ed-Flex, a State educational agency (SEA) can waive local requirements of the following State-administered formula grant programs:
- Title I, Part A (Basic Programs Operated by LEAs, other than section 1111)
- Title I, Part C (Education of Migratory Children)
- Title I, Part D (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk)
- Title II, Part A (Supporting Effective Instruction
- Title IV, Part A, (Student Support and Academic Enrichment Grants)
- The Carl D. Perkins Vocational and Technical Education Act
Eligibility
The Ed-Flex statute defines an eligible State, or "Ed-Flex Partnership State" as a State that—
- (A)Has—
- (1)Developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the ESSA,2 and is producing the report cards required by ESEA section 1111(h); or
- (2)Adopted new challenging State academic standards under ESEA section 1111(b)(1), made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under ESEA section 1111(h);
- (B) Will hold LEAs, ESAs, and schools accountable for meeting the educational goals described in the local Ed-Flex applications and for engaging in technical assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities and targeted support and improvement activities under ESEA section 1111(d); and
- (C) has waived or will waive State statutory or regulatory requirements relating to education while holding LEAs, ESAs, or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers.
(20 U.S.C. § 5891b(a)(2))
States with Ed-Flex Authority are listed below. Click the State name to view the State's application:
- Colorado
- Approved Application (July 24, 2020)
- Letter Approving Authority Through 2024-2025 (July 24, 2020)
- Delaware
- Approved Application (June 16, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Georgia
- Approved Application (April 21, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Indiana
- Approved Application (May 10, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Kansas
- Approved Application (June 22, 2023)
- Letter Approving Authority Through 2027-2028 (June 22, 2023)
- Massachusetts
- Approved Application (October 28, 2019)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- North Carolina
- Approved Application (June 13, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- North Dakota
- Approved Application (August 20, 2020)
- Letter Approving Authority Through 2024-2025 (August 20, 2020)
- Pennsylvania
- Approved Application (February 5, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Texas
- Approved Application (December 30, 2019)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Vermont
- Approved Application (January 29, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Wisconsin
- Approved Application (April 10, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
Each State is required to coordinate their Ed-Flex activities with their approved ESEA consolidated State plan.
A Note About Accessibility: The Department places a high priority on posting documents on its website that meet the accessibility standards established by Section 508 of the Rehabilitation Act and is working diligently to ensure that those standards are met by all documents posted on this page. If you experience problems with the accessibility of any of these materials, and need them in an alternative format, please contact OESE's Office of State and Grantee Relations at (202) 453-5563. Please be specific in your request about the information you need, which may include identifying a specific Ed-Flex application or portion an Ed-Flex application.
Legislation
Ed-Flex was first enacted as a demonstration program in 1994 as part of the Goals 2000: Educate America Act. The Education Flexibility Partnership Act of 1999 (Ed-Flex Act) extended the previous authority and was most recently amended by the Every Student Succeeds Act (ESSA) in December 2015. The full text can be found here.
Resources
2023-2024 Report to Congress (November 2024)
- This report includes each Ed-Flex State's annual report for 2023-2024.
States may apply for the Educational Flexibility (Ed-Flex), which was reauthorized by the Every Student Succeeds Act (ESSA). It permits interested State educational agencies [SEAs] to waive certain requirements that may impede local efforts to reform and improve education. With this flexibility, SEAs can waive select requirements of Federal statute or regulations that apply to districts and schools without first having to submit those waivers to the U.S. Department of Education for review and approval.
A State can be granted Ed-Flex authority for up to five years once its application has been approved. For more information on Ed Flex, please OESE.Titlei-a@ed.gov.
Requesting Ed-Flex Authority
Interested States may apply for the Educational Flexibility (Ed-Flex) program. This program, which was reauthorized by the Every Student Succeeds Act (ESSA), permits State educational agencies [SEAs] to waive certain requirements that may impede local efforts to reform and improve education. With this flexibility, SEAs can waive select requirements of Federal statute or regulations that apply to districts and schools without first having to submit those waivers to the U.S. Department of Education for review and approval.
A State can be granted Ed-Flex authority for up to five years once its application has been approved. For more information on Ed Flex, please OESE.Titlei-a@ed.gov.
Additional Information
While the Ed-Flex waiver authority is broad, certain fundamental requirements may not be waived, including those pertaining to health, safety, and civil rights; provisions of the Individuals with Disabilities Education Act (IDEA); and requirements relating to parental participation and involvement. Before a State may grant a waiver of any program requirement, it must determine that the underlying purposes of the affected program would continue to be met. Ed-Flex provides States with the authority to waive requirements for districts and schools; however they may not waive requirements pertaining to the SEA. Each Ed-Flex State is required to report annually on its monitoring of waivers it granted. Through these reports, States are to provide information about how Ed-Flex has supported the implementation of standards-based reform. Ed-Flex States are also required to report on the achievement results of schools and districts that have had waivers in place for two school years.
Programs Covered by the Ed-Flex Authority
Under Ed-Flex, a State educational agency (SEA) can waive local requirements of the following State-administered formula grant programs:
- Title I, Part A (Basic Programs Operated by LEAs, other than section 1111)
- Title I, Part C (Education of Migratory Children)
- Title I, Part D (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk)
- Title II, Part A (Supporting Effective Instruction
- Title IV, Part A, (Student Support and Academic Enrichment Grants)
- The Carl D. Perkins Vocational and Technical Education Act
Eligibility
The Ed-Flex statute defines an eligible State, or "Ed-Flex Partnership State" as a State that—
- (A)Has—
- (1)Developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the ESSA,2 and is producing the report cards required by ESEA section 1111(h); or
- (2)Adopted new challenging State academic standards under ESEA section 1111(b)(1), made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under ESEA section 1111(h);
- (B) Will hold LEAs, ESAs, and schools accountable for meeting the educational goals described in the local Ed-Flex applications and for engaging in technical assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities and targeted support and improvement activities under ESEA section 1111(d); and
- (C) has waived or will waive State statutory or regulatory requirements relating to education while holding LEAs, ESAs, or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers.
(20 U.S.C. § 5891b(a)(2))
States with Ed-Flex Authority are listed below. Click the State name to view the State's application:
- Colorado
- Approved Application (July 24, 2020)
- Letter Approving Authority Through 2024-2025 (July 24, 2020)
- Delaware
- Approved Application (June 16, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Georgia
- Approved Application (April 21, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Indiana
- Approved Application (May 10, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Kansas
- Approved Application (June 22, 2023)
- Letter Approving Authority Through 2027-2028 (June 22, 2023)
- Massachusetts
- Approved Application (October 28, 2019)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- North Carolina
- Approved Application (June 13, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- North Dakota
- Approved Application (August 20, 2020)
- Letter Approving Authority Through 2024-2025 (August 20, 2020)
- Pennsylvania
- Approved Application (February 5, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Texas
- Approved Application (December 30, 2019)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Vermont
- Approved Application (January 29, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
- Wisconsin
- Approved Application (April 10, 2020)
- Letter Renewing Authority Through 2028-2029 (August 2, 2024)
Each State is required to coordinate their Ed-Flex activities with their approved ESEA consolidated State plan.
A Note About Accessibility: The Department places a high priority on posting documents on its website that meet the accessibility standards established by Section 508 of the Rehabilitation Act and is working diligently to ensure that those standards are met by all documents posted on this page. If you experience problems with the accessibility of any of these materials, and need them in an alternative format, please contact OESE's Office of State and Grantee Relations at (202) 453-5563. Please be specific in your request about the information you need, which may include identifying a specific Ed-Flex application or portion an Ed-Flex application.
Legislation
Ed-Flex was first enacted as a demonstration program in 1994 as part of the Goals 2000: Educate America Act. The Education Flexibility Partnership Act of 1999 (Ed-Flex Act) extended the previous authority and was most recently amended by the Every Student Succeeds Act (ESSA) in December 2015. The full text can be found here.
Resources
2023-2024 Report to Congress (November 2024)
- This report includes each Ed-Flex State's annual report for 2023-2024.