ED approves Arkansas’ Returning Education waiver and Title I-A changes

On July 7, 2026, the U.S. Department of Education (ED) approved Arkansas’ “Returning Education to the States” package—authorizing the state to streamline certain federal education requirements for participating districts.

The approval includes an Elementary and Secondary Education Act (ESEA) Title I-A state plan amendment and an application for Ed-Flex authority. But ED’s documents also include an important limit: the approval is not a blanket determination that every element of the amended plan complies with federal civil-rights laws.

What ED approved in Arkansas’ package

In a July 7 press release, ED said it granted Arkansas concurrent approval of:

• The “Returning Education to the States” waiver (flexibilities intended to streamline compliance and consolidate certain funding administration).
• An ESEA state plan amendment for Title I-A.
• Ed-Flex authority for the Arkansas Department of Education (ADE).

ED also listed the following waiver flexibilities for Arkansas:

• Expanded Alternative Fund Use Authority (AFUA) eligibility to include Rural and Low-Income School (RLIS)-eligible schools (in addition to SRSA-eligible schools), so they may consolidate Title II-A and Title IV-A funds.
• Consolidated State Activities Fund—allowing ADE to consolidate state-level activities funds across Title II-A, Title III-A, Title IV-A, and Title IV-B.
• Permission to use high school assessment results more broadly: expanding ADE’s flexibility that lets 7th and 8th grade advanced-math/advanced-science students use corresponding high school end-of-course assessments to grades five and six for math/science, and to reading/language arts in grades five through eight.
• Reassigning students in alternative learning environments (ALE) to their home school for accountability and school identification, to better capture long-term outcomes.

How Ed-Flex changes the “paperwork path” for some requirements

ED described Ed-Flex as authority that allows states to waive select federal requirements for local education agencies without first having to receive approval from ED.

Practically, that is meant to shift more of the compliance decision-making about “how” certain requirements are handled to the state level—rather than requiring repeated ED sign-off for each request—while still operating under federal program rules.

The civil-rights disclaimer (what ED says—and what it does not say)

ED’s Title I-A approval letter includes a specific caution that should affect how districts and families interpret ED’s action. ED wrote that approval of the amendment is not a determination that all information and data in the amended state plan comply with federal civil-rights requirements—including Title VI, Title IX, Section 504, Title II of the ADA, and requirements under IDEA.

ED also states that it is Arkansas’ responsibility to comply with those civil-rights requirements, and districts receiving Title I-A funds still carry their own obligations.

Who is affected, and what to watch next

This action primarily affects the Arkansas Department of Education and districts participating in Title I-A activities under the state’s updated plan. What to watch next:

• District implementation guidance from ADE on how Ed-Flex decisions and any waiver-related changes will be carried out locally.
• How assessment policies and accountability identifiers are implemented, especially where ED’s described flexibility changes which assessment results are used and how ALE students are identified.
• Ongoing civil-rights compliance practices—since ED’s disclaimer makes clear that federal approval does not replace district- and state-level civil-rights responsibilities.

For U.S. families and educators, the Arkansas approval is also a window into how ED is using “Returning Education to the States” and Ed-Flex to provide administrative flexibility—while explicitly signaling that civil-rights compliance is still a continuing legal obligation, not something ED’s letter automatically certifies.

Sources

• ED initiative page: “Returning Education to the States”