Education Department Approves Ohio’s Waiver to Return Education to State Control

Today, the U.S. Department of Education (the Department) announced another victory for state-driven leadership and innovation by approving Ohio’s Returning Education to the States (RES) Waiver. This approval grants the Ohio Department of Education and Workforce (ODEW) new flexibilities to use federal dollars more effectively on state priorities and improving student outcomes. Ohio is the eighth state to receive a RES waiver, joining Iowa, Louisiana, Indiana, Vermont, Arkansas(link is external), South Dakota, and Mississippi. 

This waiver allows Ohio to consolidate over $38 million in federal funds through 2029, bringing the total across all eight approved states to over $158 million, and unlocking unprecedented flexibility to better serve students and families. ODEW plans to leverage these funds to target literacy, accelerated learning, workforce readiness, and student wellness approaches that enable them to reach their full potential, rather than bureaucratic tasks and fragmented, program-specific activities.

“Ohio has already proven it is ready to meet the moment in education, recently boasting a five-year high in reading proficiency by aggressively incorporating evidence-based literacy instruction,” said U.S. Secretary of Education Linda McMahon. ”By embracing new flexibilities and aligning federal resources with Ohio’s own priorities, the state is driving exciting innovation that puts students and workforce readiness at the center. Washington should serve as a partner to state success, not a barrier, and we are proud to give the Buckeye State the flexibility to advance its own vision and best meet the needs of their students.”

“Every Ohio family wants their child to read well, feel supported at school, and graduate ready for a good career, and every Ohio employer is counting on that same graduate. This waiver gives schools and districts the flexibility to focus resources on those priorities: stronger literacy, student well-being, and preparation for in-demand jobs,” said Stephen D. Dackin, Director of the Ohio Department of Education and Workforce. “The best decisions are made closest to students. We appreciate the U.S. Department of Education’s partnership in allowing Ohio communities to direct resources where they will have the most impact, and we will hold ourselves accountable for the results.”

Additional Flexibilities:

Title III-A Funds

ODEW also received approval for local education agencies (LEAs) to better leverage Title III-A English Language Acquisition funds and flexibility from burdensome administrative requirements that make it more difficult to administer direct student services. Currently, LEAs must use Title III-A funds for three required spending categories (instructional programs, professional development, and parent, family, and community engagement), prescribed in the Elementary and Secondary Education Act (ESEA). However, LEAs’ Title III-A allocation is often too small to support all three of these categories effectively.

  • Through the RES Waiver, Ohio LEAs will now be able to use III-A funds for one or more of the required spending categories rather than all three, allowing for greater impact with every dollar spent. LEAs are still required to provide each service but can now focus Title III-A funds toward the activities that will have the greatest impact in any given year.

Direct Student Services

Additionally, Ohio received flexibility to more easily implement Direct Student Services (DSS), which allows states to provide Title I-A funds to districts that will use the funds to directly support students.

  • Currently, to use this flexibility, states must compile and maintain a state-approved list of tutoring providers when awarding subgrants to LEAs-even if the funds are not used for tutoring.
  • Through the RES Waiver, rather than devoting resources and time to burdensome administrative requirements, Ohio can focus its time and resources on supporting districts when they choose to offer tutoring, ensuring providers continue to meet ESEA requirements.

Background: 

When the existing statutory flexibilities for states, districts, and schools are insufficient, Title VIII of the Elementary and Secondary Education Act of 1965 as amended (ESEA), allows states and tribes to submit requests to the Secretary to waive statutory or regulatory requirements. These waiver requests are subject to certain restrictions in law and must specify how the waiver will improve student outcomes. 

Through this waiver, ODEW may consolidate State-level activities funds for the following programs: 

  • Title II, Part A of the ESEA (Supporting Effective Instruction) 
  • Title III, Part A of the ESEA (English Language Acquisition)
  • Title IV, Part A of the ESEA (Student Support and Academic Enrichment)
  • Title IV, Part B of the ESEA (21st Century Community Learning Centers)

The Department concurrently approved Ohio’s ESEA Title I, Part A, and Title IV, Part B amendments.

On March 20, 2025, President Trump signed Executive Order 14242, Improving Education Outcomes by Empowering Parents, States, and Communities. Since then, ED has taken steps to break up the federal education bureaucracy, expand education freedom, and empower states by sharing guidance and resources on existing flexibilities in statute to spend federal education dollars.