ED Issues Guidance on State ESEA Waivers
July 29, 2025
Author
Today, the U.S. Department of Education today inviting them to utilize ESEA waiver processes to reduce statutory and regulatory burdens and be more innovative. The letter outlines the existing flexibilities for states to reduce compliance burdens, the steps necessary in developing waiver requests, and the Department of Education鈥檚 review process for waivers. In particular, ED highlights that there are ESEA flexibilities that they would welcome if they pertained to state assessments, school support and improvement activities and funding flexibility. The letter reminds SEAs that they must provide LEAs and the public a reasonable opportunity to comment or provide input on any waiver requests they submit and respond to the LEA/public comments in their submission to ED. It also reiterates that ED cannot waive the following:
- The allocation or distribution of funds to States, LEAs, Indian Tribes, or other recipients of funds under the ESEA;
- Maintenance of effort (section 8521 of the ESEA gives the Department the authority to waive this requirement under certain circumstances);
- Comparability of services;
- Use of Federal funds to supplement, not supplant, non-Federal funds;
- Equitable participation of private school students and teachers;
- Parental participation and involvement;
- Applicable civil rights requirements;
- The requirement for a charter school under Part C of Title IV of the ESEA;
- The selection of a school attendance area or school unless the percentage of children from low-income families in the school attendance area or who attend the school is not more than 10 percentage points below the lowest percentage of those children for any school attendance area or school of the LEA
