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U.S. Department of Education
The U.S. Department of Education sent a letter to all chief state school officers inviting them to implement existing statutory flexibilities and seek waivers from burdensome statutory and regulatory provisions by using the authority outlined in the Elementary and Secondary Education Act (ESEA). The waiver process can provide state leaders more discretion over federal programs so that they can put dollars toward options that best meet the needs of students free from bureaucratic red tape.
Today’s guidance is part of the Trump Administration’s efforts to return education to the states and improve student outcomes in the wake of the dismal 2024 National Assessment of Educational Progress (NAEP) math and reading scores. The letter outlines the existing flexibilities for states to reduce compliance burdens, the steps necessary in developing waiver requests, and the Department of Education’s review process for waivers.
“The recent NAEP results are a wake-up call that too many of our students have not been well-served by our public education system,” said Hayley Sanon, Acting Assistant Secretary for the Office of Elementary and Secondary Education. “Under President Trump and Secretary McMahon’s leadership, the Department of Education remains focused on empowering families and improving academic achievement through state innovation. We encourage states to use the full range of flexibilities available to them to craft solutions that meet the unique needs of their students. The Department stands at the ready to help them accomplish this.”
Background:
When the existing statutory flexibilities for States, districts and schools are insufficient, Title VIII of the ESEA allows states and tribes to submit requests to the Secretary to waive any statutory or regulatory requirement, subject to certain restrictions in law.
States are encouraged to seek informal and non-binding assistance from the Department by email (OESE.TitleI-A@ed.gov) in the development of waiver proposals that meet the criteria of the ESEA and the spirit of education innovation called for by the President.
