The U.S. Department of Education has reminded state education leaders that they can apply for authority under the Education Flexibility Partnership Act of 1999, commonly known as the Ed-Flex Act.
This move is part of the Trump administration’s larger plan to return decision-making power to the states and improve student learning outcomes, especially in core subjects like literacy and numeracy.
What is the Ed-Flex Act?
The Ed-Flex Act allows states to waive certain federal education requirements for schools and districts—without needing approval from the Department of Education every time. This flexibility is designed to help schools focus more on local needs and less on red tape.
Once a state becomes an Ed-Flex state, it can grant waivers directly to districts and schools under its own authority.
This gives state education agencies more control over how federal education programs are implemented, as long as they can prove that waivers will lead to better academic performance.
Why Is the Ed-Flex Option Important Now?
Acting Assistant Secretary Hayley Sanon explained that the goal is to “empower parents and return education to the states.” The Trump administration believes that local and state leaders are in a better position to understand the unique challenges facing their schools and students.
Sanon stated, “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 issued by the Department as part of its broader push for more education choice and flexibility under the Elementary and Secondary Education Act (ESEA).
Recent Federal Guidance from the Department of Education
The latest Ed-Flex reminder adds to earlier guidance focused on giving schools more freedom and choice. Here are some of the key documents issued in 2025:
- Direct Student Services – March 31, 2025
- Unsafe Schools Guidance – May 7, 2025
- Title I School Improvement Rules – June 26, 2025
- Equitable Services for Private Schools – August 21, 2025
The Department has also encouraged states to apply for waivers from other federal requirements that may hinder school improvement efforts.
How Many States Are Already Using Ed-Flex?
Currently, 11 states have Ed-Flex authority. During the 2023-2024 school year, these states granted about 575 waivers to districts and schools. This shows that the Ed-Flex program is already being used to make federal education laws more adaptable at the local level.
How Can States Apply for Ed-Flex Authority?
Any State Educational Agency (SEA) can apply to become an Ed-Flex state. Applications must be submitted online through the Department of Education’s platform. The process involves showing how the state will ensure that waivers help improve student achievement and maintain accountability.
States that get approved can then offer more flexibility to their schools—helping them design programs that suit the specific needs of their communities, without constantly needing federal approval.
The Bigger Picture: Local Control in Education
This push for Ed-Flex waivers fits into the Trump administration’s wider strategy to shift more education decisions from Washington, D.C., to local and state leaders. By easing federal restrictions, the administration hopes to help schools become more responsive, efficient, and student-focused.
This approach also aligns with Republican education policies that favour school choice, parental involvement, and state-level accountability.
The Ed-Flex Act is giving states a powerful tool to support school improvement without being bogged down by federal bureaucracy.
By expanding the use of Ed-Flex authority, the Trump administration aims to put more trust in state education leaders and create better opportunities for students across the country.
As more states consider applying, the focus will remain on how flexibility can lead to real results in the classroom.
