---
kind: "section"
citation: "20 U.S.C. § 5891b"
title: "20"
title_heading: "Education"
number: "5891b"
heading: "Educational flexibility program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/5891b"
units:
  - "Chapter 68 — National Education Reform"
  - "Subchapter III — State and Local Education Systemic Improvement"
---

# §5891b. Educational flexibility program

- (a) **Educational flexibility program—**
  - (1) **Program authorized—**
    - (A) **In general—** The [Secretary](/usc/20/5802.md?p=a-12) may carry out an educational flexibility program under which the [Secretary](/usc/20/5802.md?p=a-12) authorizes a [State educational agency](/usc/20/5802.md?p=a-6) that serves an eligible [State](/usc/20/5802.md?p=a-13) to waive statutory or regulatory requirements applicable to one or more programs described in [subsection (b)](#b), other than requirements described in [subsection (c)](#c), for any [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) within the [State](/usc/20/5802.md?p=a-13).
    - (B) **Designation—** Each eligible [State](/usc/20/5802.md?p=a-13) participating in the program described in [subparagraph (A)](#a-1-A) shall be known as an “Ed-Flex Partnership [State](/usc/20/5802.md?p=a-13)”.
  - (2) **Eligible State—** For the purpose of this section, the term “eligible [State](/usc/20/5802.md?p=a-13)” means a [State](/usc/20/5802.md?p=a-13) that—
    - (A) has—
      - (i) developed and implemented the challenging [State](/usc/20/5802.md?p=a-13) academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6311(b)](/usc/20/6311.md?p=b)], and is producing the report cards required by section 1111(h) of such Act; or
      - (ii) if the [State](/usc/20/5802.md?p=a-13) has adopted new challenging [State](/usc/20/5802.md?p=a-13) academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act [[20 U.S.C. 6301](/usc/20/6301.md) et seq.] by the Every Student Succeeds Act, made substantial progress (as determined by the [Secretary](/usc/20/5802.md?p=a-12)) toward developing and implementing such standards and toward producing the report cards required under section 1111(h) of such Act;
    - (B) will hold [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), and [schools](/usc/20/5802.md?p=a-11) accountable for meeting the educational goals described in the local applications submitted under [paragraph (4)](#a-4) and for engaging in technical assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965; and
    - (C) waives [State](/usc/20/5802.md?p=a-13) statutory or regulatory requirements relating to education while holding [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), or [schools](/usc/20/5802.md?p=a-11) within the [State](/usc/20/5802.md?p=a-13) that are affected by such waivers accountable for the performance of the students who are affected by such waivers.
  - (3) **State application—**
    - (A) **In general—** Each [State educational agency](/usc/20/5802.md?p=a-6) desiring to participate in the educational flexibility program under this section shall submit an application to the [Secretary](/usc/20/5802.md?p=a-12) at such time, in such manner, and containing such information as the [Secretary](/usc/20/5802.md?p=a-12) may reasonably require. Each such application shall demonstrate that the eligible [State](/usc/20/5802.md?p=a-13) has adopted an educational flexibility plan for the [State](/usc/20/5802.md?p=a-13) that includes—
      - (i) a description of the process the [State educational agency](/usc/20/5802.md?p=a-6) will use to evaluate applications from [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), or [schools](/usc/20/5802.md?p=a-11) requesting waivers of—
        - (I) Federal statutory or regulatory requirements as described in [paragraph (1)(A)](#a-1-A); and
        - (II) [State](/usc/20/5802.md?p=a-13) statutory or regulatory requirements relating to education;
      - (ii) a detailed description of the [State](/usc/20/5802.md?p=a-13) statutory and regulatory requirements relating to education that the [State educational agency](/usc/20/5802.md?p=a-6) will waive;
      - (iii) a description of clear educational objectives the [State](/usc/20/5802.md?p=a-13) intends to meet under the educational flexibility plan, which may include innovative methods to leverage resources to improve program efficiencies that benefit students;
      - (iv) a description of how the educational flexibility plan is coordinated with activities described in subsections (b), (c), and (d) of section 1111 of the Elementary and Secondary Education Act of 1965;
      - (v) a description of how the [State educational agency](/usc/20/5802.md?p=a-6) will evaluate (consistent with the requirements of title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](/usc/20/6301.md) et seq.]) the performance of students in the [schools](/usc/20/5802.md?p=a-11), [educational service agencies](/usc/20/5891a.md?p=1), and [local educational agencies](/usc/20/5802.md?p=a-6) affected by the waivers; and
      - (vi) a description of how the [State educational agency](/usc/20/5802.md?p=a-6) will meet the requirements of [paragraph (7)](#a-7).
    - (B) **Approval and considerations—**
      - (i) **In general—** By not later than 90 days after the date on which a [State](/usc/20/5802.md?p=a-13) has submitted an application described in [subparagraph (A)](#a-3-A), the [Secretary](/usc/20/5802.md?p=a-12) shall issue a written decision that explains why such application has been approved or disapproved, and the process for revising and resubmitting the application for reconsideration.
      - (ii) **Approval—** The [Secretary](/usc/20/5802.md?p=a-12) may approve an application described in [subparagraph (A)](#a-3-A) only if the [Secretary](/usc/20/5802.md?p=a-12) determines that such application demonstrates substantial promise of assisting the [State educational agency](/usc/20/5802.md?p=a-6) and affected [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), and [schools](/usc/20/5802.md?p=a-11) within the [State](/usc/20/5802.md?p=a-13) in carrying out comprehensive educational reform, after considering—
        - (I) the eligibility of the [State](/usc/20/5802.md?p=a-13) as described in [paragraph (2)](#a-2);
        - (II) the comprehensiveness and quality of the educational flexibility plan described in [subparagraph (A)](#a-3-A);
        - (III) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan;
        - (IV) the degree to which the [State](/usc/20/5802.md?p=a-13)’s objectives described in [subparagraph (A)(iii)](#a-3-A-iii)—
          - (aa) are clear and have the ability to be assessed; and
          - (bb) take into account the performance of [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), or [schools](/usc/20/5802.md?p=a-11), and students, particularly those affected by waivers;
        - (V) the significance of the [State](/usc/20/5802.md?p=a-13) statutory or regulatory requirements relating to education that will be waived; and
        - (VI) the quality of the [State educational agency](/usc/20/5802.md?p=a-6)’s process for approving applications for waivers of Federal statutory or regulatory requirements as described in [paragraph (1)(A)](#a-1-A) and for monitoring and evaluating the results of such waivers.
  - (4) **Local application—**
    - (A) **In general—** Each [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) requesting a waiver of a Federal statutory or regulatory requirement as described in [paragraph (1)(A)](#a-1-A) and any relevant [State](/usc/20/5802.md?p=a-13) statutory or regulatory requirement from a [State educational agency](/usc/20/5802.md?p=a-6) shall submit an application to the [State educational agency](/usc/20/5802.md?p=a-6) at such time, in such manner, and containing such information as the [State educational agency](/usc/20/5802.md?p=a-6) may reasonably require. Each such application shall—
      - (i) indicate each Federal program affected and each statutory or regulatory requirement that will be waived;
      - (ii) describe the purposes and overall expected results of waiving each such requirement, which may include innovative methods to leverage resources to improve program efficiencies that benefit students;
      - (iii) describe, for each [school](/usc/20/5802.md?p=a-11) year, specific, measurable, educational goals for each [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) affected by the proposed waiver, and for the students served by the [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) who are affected by the waiver;
      - (iv) explain why the waiver will assist the [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) in reaching such goals; and
      - (v) in the case of an application from a [local educational agency](/usc/20/5802.md?p=a-6) or [educational service agency](/usc/20/5891a.md?p=1), describe how the agency will meet the requirements of [paragraph (7)](#a-7).
    - (B) **Evaluation of applications—** A [State educational agency](/usc/20/5802.md?p=a-6) shall evaluate an application submitted under [subparagraph (A)](#a-4-A) in accordance with the [State](/usc/20/5802.md?p=a-13)’s educational flexibility plan described in [paragraph (3)(A)](#a-3-A).
    - (C) **Approval—** A [State educational agency](/usc/20/5802.md?p=a-6) shall not approve an application for a waiver under this paragraph unless—
      - (i) the [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) requesting such waiver has developed a local reform plan that—
        - (I) is applicable to such agency or [school](/usc/20/5802.md?p=a-11), respectively; and
        - (II) may include innovative methods to leverage resources to improve program efficiencies that benefit students;
      - (ii) the waiver of Federal statutory or regulatory requirements as described in [paragraph (1)(A)](#a-1-A) will assist the [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) in reaching its educational goals, particularly goals with respect to [school](/usc/20/5802.md?p=a-11) and student performance; and
      - (iii) the [State educational agency](/usc/20/5802.md?p=a-6) is satisfied that the underlying purposes of the statutory requirements of each program for which a waiver is granted will continue to be met.
    - (D) **Termination—** The [State educational agency](/usc/20/5802.md?p=a-6) shall annually review the performance of any [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) granted a waiver of Federal statutory or regulatory requirements as described in [paragraph (1)(A)](#a-1-A) in accordance with the evaluation requirement described in [paragraph (3)(A)(v)](#a-3-A-v), and shall terminate or temporarily suspend any waiver granted to the [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) if the [State educational agency](/usc/20/5802.md?p=a-6) determines, after notice and an opportunity for a hearing, that—
      - (i) there is compelling evidence of systematic waste, fraud, or abuse;
      - (ii) the performance of the [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) with respect to meeting the accountability requirement described in [paragraph (2)(C)](#a-2-C) and the goals described in [subparagraph (A)(iii)](#a-4-A-iii) has been inadequate to justify continuation of such waiver;
      - (iii) student achievement in the [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) has decreased; or
      - (iv) substantial progress has not been made toward meeting the long-term goals and measurements of interim progress established by the [State](/usc/20/5802.md?p=a-13) under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965.
  - (5) **Oversight and reporting—**
    - (A) **Oversight—** Each [State educational agency](/usc/20/5802.md?p=a-6) participating in the educational flexibility program under this section shall annually monitor the activities of [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), and [schools](/usc/20/5802.md?p=a-11) receiving waivers under this section.
    - (B) **State reports—**
      - (i) **Annual reports—** The [State educational agency](/usc/20/5802.md?p=a-6) shall submit to the [Secretary](/usc/20/5802.md?p=a-12) an annual report on the results of such oversight and the impact of the waivers on [school](/usc/20/5802.md?p=a-11) and student performance.
      - (ii) **Performance data—** Not later than 2 years after the date a [State](/usc/20/5802.md?p=a-13) is designated an Ed-Flex Partnership [State](/usc/20/5802.md?p=a-13), each such [State](/usc/20/5802.md?p=a-13) shall include, as part of the [State](/usc/20/5802.md?p=a-13)’s annual report submitted under [clause (i)](#a-5-B-i), data demonstrating the degree to which progress has been made toward meeting the [State](/usc/20/5802.md?p=a-13)’s educational objectives. The data, when applicable, shall include—
        - (I) information on the total number of waivers granted for Federal and [State](/usc/20/5802.md?p=a-13) statutory and regulatory requirements under this section, including the number of waivers granted for each type of waiver;
        - (II) information describing the effect of the waivers on the implementation of [State](/usc/20/5802.md?p=a-13) and local educational reforms pertaining to [school](/usc/20/5802.md?p=a-11) and student performance;
        - (III) information describing the relationship of the waivers to the performance of [schools](/usc/20/5802.md?p=a-11) and students affected by the waivers; and
        - (IV) an assurance from [State](/usc/20/5802.md?p=a-13) program managers that the data reported under this section are reliable, complete, and accurate, as defined by the [State](/usc/20/5802.md?p=a-13), or a description of a plan for improving the reliability, completeness, and accuracy of such data as defined by the [State](/usc/20/5802.md?p=a-13).
    - (C) **Secretary’s reports—** The [Secretary](/usc/20/5802.md?p=a-12) shall annually—
      - (i) make each [State](/usc/20/5802.md?p=a-13) report submitted under [subparagraph (B)](#a-5-B) available to Congress and the [public](/usc/20/5802.md?p=a-3); and
      - (ii) submit to Congress a report that summarizes the [State](/usc/20/5802.md?p=a-13) reports and describes the effects that the educational flexibility program under this section had on the implementation of [State](/usc/20/5802.md?p=a-13) and local educational reforms and on the performance of students affected by the waivers.
  - (6) **Duration of Federal waivers—**
    - (A) **In general—**
      - (i) **Duration—** The [Secretary](/usc/20/5802.md?p=a-12) shall approve the application of a [State educational agency](/usc/20/5802.md?p=a-6) under [paragraph (3)](#a-3) for a period of not more than 5 years.
      - (ii) **Automatic extension during review—** The [Secretary](/usc/20/5802.md?p=a-12) shall automatically extend the authority of a [State](/usc/20/5802.md?p=a-13) to continue as an Ed-Flex Partnership [State](/usc/20/5802.md?p=a-13) until the [Secretary](/usc/20/5802.md?p=a-12) has—
        - (I) completed the performance review of the [State educational agency](/usc/20/5802.md?p=a-6)’s educational flexibility plan as described in [subparagraph (B)](#a-6-B); and
        - (II) issued a final decision on any pending request for renewal that was submitted by the [State educational agency](/usc/20/5802.md?p=a-6).
      - (iii) **Extension of approval—** The [Secretary](/usc/20/5802.md?p=a-12) may extend the authority of a [State](/usc/20/5802.md?p=a-13) to continue as an Ed-Flex Partnership [State](/usc/20/5802.md?p=a-13) if the [Secretary](/usc/20/5802.md?p=a-12) determines that the authority of the [State educational agency](/usc/20/5802.md?p=a-6) to grant waivers—
        - (I) has been effective in enabling such [State](/usc/20/5802.md?p=a-13) or affected [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), or [schools](/usc/20/5802.md?p=a-11) to carry out their [State](/usc/20/5802.md?p=a-13) or local reform plans and to continue to meet the accountability requirement described in [paragraph (2)(C)](#a-2-C); and
        - (II) has improved student performance.
    - (B) **Performance review—**
      - (i) **In general—** Following the expiration of an approved educational flexibility program for a [State](/usc/20/5802.md?p=a-13) that is designated an Ed-Flex Partnership [State](/usc/20/5802.md?p=a-13), the [Secretary](/usc/20/5802.md?p=a-12) shall have not more than 180 days to complete a review of the performance of the [State educational agency](/usc/20/5802.md?p=a-6) in granting waivers of Federal statutory or regulatory requirements as described in [paragraph (1)(A)](#a-1-A) to determine if the [State educational agency](/usc/20/5802.md?p=a-6)—
        - (I) has achieved, or is making substantial progress towards achieving, the objectives described in the application submitted pursuant to [paragraph (3)(A)(iii)](#a-3-A-iii) and the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; and
        - (II) demonstrates that [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), or [schools](/usc/20/5802.md?p=a-11) affected by the waiver authority or waivers have achieved, or are making progress toward achieving, the desired goals described in the application submitted pursuant to [paragraph (4)(A)(iii)](#a-4-A-iii).
      - (ii) **Termination of authority—** The [Secretary](/usc/20/5802.md?p=a-12) shall terminate the authority of a [State educational agency](/usc/20/5802.md?p=a-6) to grant waivers of Federal statutory or regulatory requirements as described in [paragraph (1)(A)](#a-1-A) if the [Secretary](/usc/20/5802.md?p=a-12) determines, after providing the [State educational agency](/usc/20/5802.md?p=a-6) with notice and an opportunity for a hearing, that such agency’s performance has been inadequate to justify continuation of such authority based on such agency’s performance against the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965.
    - (C) **Renewal—**
      - (i) **In general—** Each [State educational agency](/usc/20/5802.md?p=a-6) desiring to renew an approved educational flexibility program under this section shall submit a request for renewal to the [Secretary](/usc/20/5802.md?p=a-12) not later than the date of expiration of the approved educational flexibility program.
      - (ii) **Timing for renewal—** The [Secretary](/usc/20/5802.md?p=a-12) shall either approve or deny the request for renewal by not later than 90 days after completing the performance review of the [State](/usc/20/5802.md?p=a-13) described in [subparagraph (B)](#a-6-B).
      - (iii) **Determination—** In deciding whether to extend a request of a [State educational agency](/usc/20/5802.md?p=a-6) for the authority to issue waivers under this section, the [Secretary](/usc/20/5802.md?p=a-12) shall review the progress of the [State educational agency](/usc/20/5802.md?p=a-6) to determine if the [State educational agency](/usc/20/5802.md?p=a-6)—
        - (I) has made progress toward achieving the objectives described in the [State](/usc/20/5802.md?p=a-13) application submitted pursuant to [paragraph (3)(A)(iii)](#a-3-A-iii); and
        - (II) demonstrates in the request that [local educational agencies](/usc/20/5802.md?p=a-6), [educational service agencies](/usc/20/5891a.md?p=1), or [schools](/usc/20/5802.md?p=a-11) affected by the waiver authority or waivers have made progress toward achieving the desired goals described in the local application submitted pursuant to [paragraph (4)(A)(iii)](#a-4-A-iii).
    - (D) **Termination—**
      - (i) **In general—** The [Secretary](/usc/20/5802.md?p=a-12) shall terminate or temporarily suspend the authority of a [State educational agency](/usc/20/5802.md?p=a-6) to grant waivers under this section if the [Secretary](/usc/20/5802.md?p=a-12) determines that—
        - (I) there is compelling evidence of systematic waste, fraud or abuse; or
        - (II) after notice and an opportunity for a hearing, such agency’s performance (including performance with respect to meeting the objectives described in [paragraph (3)(A)(iii)](#a-3-A-iii)) has been inadequate to justify continuation of such authority.
      - (ii) **Limited compliance period—** A [State](/usc/20/5802.md?p=a-13) whose authority to grant such waivers has been terminated shall have not more than 1 additional fiscal year to come into compliance in order to seek renewal of the authority to grant waivers under this section.
  - (7) **Public notice and comment—** Each [State educational agency](/usc/20/5802.md?p=a-6) seeking waiver authority under this section and each [local educational agency](/usc/20/5802.md?p=a-6), [educational service agency](/usc/20/5891a.md?p=1), or [school](/usc/20/5802.md?p=a-11) seeking a waiver under this section—
    - (A) shall provide the [public](/usc/20/5802.md?p=a-3) with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a description of the agency’s application for the proposed waiver authority or waiver on each agency’s website, including a description of any improved student performance that is expected to result from the waiver authority or waiver;
    - (B) shall provide the opportunity for parents, educators, [school](/usc/20/5802.md?p=a-11) administrators, and all other interested members of the [community](/usc/20/5802.md?p=a-3) to comment regarding the proposed waiver authority or waiver;
    - (C) shall provide the opportunity described in [subparagraph (B)](#a-7-B) in accordance with any applicable [State](/usc/20/5802.md?p=a-13) law specifying how the comments may be received, and how the comments may be reviewed by any member of the [public](/usc/20/5802.md?p=a-3); and
    - (D) shall submit the comments received with the application of the agency or [school](/usc/20/5802.md?p=a-11) to the [Secretary](/usc/20/5802.md?p=a-12) or the [State educational agency](/usc/20/5802.md?p=a-6), as appropriate.
- (b) **Included programs—** The statutory or regulatory requirements referred to in [subsection (a)(1)(A)](#a-1-A) are any such requirements for programs that are authorized under the following provisions and under which the [Secretary](/usc/20/5802.md?p=a-12) provides funds to [State educational agencies](/usc/20/5802.md?p=a-6) on the basis of a formula:
  - (1) The following provisions of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](/usc/20/6301.md) et seq.]:
    - (A) Part A of title I [[20 U.S.C. 6311](/usc/20/6311.md) et seq.] (other than section 1111).
    - (B) Part C of title I [[20 U.S.C. 6391](/usc/20/6391.md) et seq.].
    - (C) Part D of title I [[20 U.S.C. 6421](/usc/20/6421.md) et seq.].
    - (D) Part A of title II [[20 U.S.C. 6611](/usc/20/6611.md) et seq.].
    - (E) Part A of title IV [[20 U.S.C. 7101](/usc/20/7101.md) et seq.].
  - (2) The Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](/usc/20/2301.md) et seq.).
- (c) **Waivers not authorized—** The [Secretary](/usc/20/5802.md?p=a-12) and the [State educational agency](/usc/20/5802.md?p=a-6) may not waive under [subsection (a)(1)(A)](#a-1-A) any statutory or regulatory requirement—
  - (1) relating to—
    - (A) maintenance of effort;
    - (B) comparability of services;
    - (C) equitable participation of students and professional staff in private [schools](/usc/20/5802.md?p=a-11);
    - (D) parental participation and involvement;
    - (E) distribution of funds to [States](/usc/20/5802.md?p=a-13) or to [local educational agencies](/usc/20/5802.md?p=a-6);
    - (F) serving [eligible school attendance areas](/usc/20/5891a.md?p=2) in rank order in accordance with section 1113(a)(3) of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6313(a)(3)](/usc/20/6313.md?p=a-3)];
    - (G) the selection of a [school attendance area](/usc/20/5891a.md?p=2) or [school](/usc/20/5802.md?p=a-11) under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a [State educational agency](/usc/20/5802.md?p=a-6) may grant a waiver to allow a [school attendance area](/usc/20/5891a.md?p=2) or [school](/usc/20/5802.md?p=a-11) to participate in activities under part A of title I of such Act [[20 U.S.C. 6311](/usc/20/6311.md) et seq.] if the percentage of [children](/usc/20/6082.md?p=1) from low-income families in the [school attendance area](/usc/20/5891a.md?p=2) of such [school](/usc/20/5802.md?p=a-11) or who attend such [school](/usc/20/5802.md?p=a-11) is not less than 10 percentage points below the lowest percentage of such [children](/usc/20/6082.md?p=1) for any [school attendance area](/usc/20/5891a.md?p=2) or [school](/usc/20/5802.md?p=a-11) of the [local educational agency](/usc/20/5802.md?p=a-6) that meets the requirements of such subsections;
    - (H) use of Federal funds to supplement, not supplant, non-Federal funds; and
    - (I) applicable civil rights requirements; and
  - (2) unless the [State educational agency](/usc/20/5802.md?p=a-6) can demonstrate that the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the [Secretary](/usc/20/5802.md?p=a-12).
- (d) **Treatment of existing Ed-Flex Partnership States—**
  - (1) **In general—** Any designation of a [State](/usc/20/5802.md?p=a-13) as an Ed-Flex Partnership [State](/usc/20/5802.md?p=a-13) that was in effect on December 10, 2015, shall be immediately extended for a period of not more than 5 years, if the [Secretary](/usc/20/5802.md?p=a-12) makes the determination described in [paragraph (2)](#d-2).
  - (2) **Determination—** The determination referred to in [paragraph (1)](#d-1) is a determination that the performance of the [State educational agency](/usc/20/5802.md?p=a-6), in carrying out the programs for which the [State](/usc/20/5802.md?p=a-13) has received a waiver under the educational flexibility program, justifies the extension of the designation.
- (e) **Publication—** A notice of the [Secretary](/usc/20/5802.md?p=a-12)’s decision to authorize [State educational agencies](/usc/20/5802.md?p=a-6) to issue waivers under this section, including a description of the rationale the [Secretary](/usc/20/5802.md?p=a-12) used to approve applications under [subsection (a)(3)(B)](#a-3-B), shall be published in the Federal Register and the [Secretary](/usc/20/5802.md?p=a-12) shall provide for the dissemination of such notice to [State educational agencies](/usc/20/5802.md?p=a-6), interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the [public](/usc/20/5802.md?p=a-3).

## Source credit

(Pub. L. 106–25, § 4, Apr. 29, 1999, 113 Stat. 42; Pub. L. 107–110, title X, § 1073, Jan. 8, 2002, 115 Stat. 2090; Pub. L. 109–270, § 2(e), Aug. 12, 2006, 120 Stat. 747; Pub. L. 114–95, title IX, § 9207(b), Dec. 10, 2015, 129 Stat. 2141.)

## Notes

### Editorial Notes

### References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a)(2)(A)(ii), (3)(A)(v), (b)(1), and (c)(1)(G), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of this title. Parts A, C, and D of title I of the Act are classified generally to parts A (§ 6311 et seq.), C (§ 6391 et seq.), and D (§ 6421 et seq.), respectively, of subchapter I of chapter 70 of this title. Part A of title II of the Act is classified generally to part A (§ 6611 et seq.) of subchapter II of chapter 70 of this title. Part A of title IV of the Act is classified generally to part A (§ 7101) of subchapter IV of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

The Every Student Succeeds Act, referred to in subsec. (a)(2)(A)(ii), is Pub. L. 114–95, Dec. 10, 2015, 129 Stat. 1802. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 6301 of this title and Tables.

The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables.

### Codification

Section was enacted as part of the Education Flexibility Partnership Act of 1999, and not as part of the Goals 2000: Educate America Act which comprises this chapter.

### Amendments

2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to the educational flexibility program, programs included in the educational flexibility program, limitations on waivers of program requirements, treatment of existing Ed-Flex Partnership States, and publication of notice of the Secretary’s decision to authorize State educational agencies to issue waivers under this section, respectively.

2006—Subsec. (b)(2). Pub. L. 109–270 substituted “Carl D. Perkins Career and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”.

2002—Subsec. (b). Pub. L. 107–110 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The statutory or regulatory requirements referred to in subsection (a)(1)(A) of this section are any such requirements for programs carried out under the following provisions:

“(1) Title I of the Elementary and Secondary Education Act of 1965 (other than subsections (a) and (c) of section 1116 of such Act).

“(2) Part B of title II of the Elementary and Secondary Education Act of 1965.

“(3) Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (other than section 3136 of such Act).

“(4) Title IV of the Elementary and Secondary Education Act of 1965.

“(5) Title VI of the Elementary and Secondary Education Act of 1965.

“(6) Part C of title VII of the Elementary and Secondary Education Act of 1965.

“(7) The Carl D. Perkins Vocational and Technical Education Act of 1998.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

### Educational Flexibility Program Extension

Pub. L. 109–211, § 1, Mar. 24, 2006, 120 Stat. 320, provided that: Extension Authority.—Notwithstanding any other provision of law, the Secretary of Education is authorized to carry out the educational flexibility program under section 4 of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891b), until the date of enactment of an Act that reauthorizes programs under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), for any State that was an Ed-Flex Partnership State on September 30, 2004.Designation.— In general.—Any designation of a State as an Ed-Flex Partnership State that was in effect on September 30, 2004, shall be extended until the date of enactment of an Act that reauthorizes programs under part A of title I of the Elementary and Secondary Education Act of 1965, if the Secretary of Education makes the determination described in paragraph (2). Determination.—The determination referred to in paragraph (1) is a determination that the performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility program, justifies the extension of the designation.”

### Additional State Educational Agencies Authorized To Waive Federal Requirements

Pub. L. 104–134, title I, § 101(d) [title III], Apr. 26, 1996, 110 Stat. 1321–211, 1321–229; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: “That notwithstanding section 311(e) of Public Law 103–227 [20 U.S.C. 5891(e)], the Secretary is authorized to grant up to six additional State education agencies authority to waive Federal statutory or regulatory requirements for fiscal year 1996 and succeeding fiscal years”.