Education Department Approves Oklahoma, Nebraska Waivers

Today, the U.S. Department of Education (the Department) approved a Returning Education to the States (RES) Waiver for both Oklahoma and Nebraska, giving the states greater freedom to combine federal funding streams in support of their education strategies. Oklahoma and Nebraska are the ninth and tenth states to receive RES waivers, joining Iowa, Louisiana, Indiana, Vermont, Arkansas(link is external), South Dakota, Mississippi, and Ohio in streamlining siloed state activities funds so they can more effectively direct federal resources to meet students’ needs.  

Through 2029, Oklahoma plans to consolidate over $3.5 million and Nebraska plans to consolidate nearly $3 million in federal funding. Across all 10 states with RES waivers, more than $164 million is now available for more coordinated, state-led strategies to serve students and families.

Nebraska also received approval for Ed-Flex authority, marking a record 28 states now using this additional flexibility. Through Ed-Flex, states can waive certain federal requirements for districts and schools without first having to submit those waivers to the Department for review and approval. With over half the nation participating, Ed-Flex is reshaping how education agencies respond to local needs and drive student academic achievement.

“Oklahoma and Nebraska now have the freedom to break down federal funding silos and align resources with the priorities of their students, families, and communities,” said U.S. Secretary of Education Linda McMahon. “I am thrilled that we now have 10 states empowered with greater flexibility to advance student achievement and deliver more coordinated support where it is needed most. This is what returning education to the states is all about-trusting state and local leaders to know best what their students need to be successful.”

“Today’s approval of this waiver marks an important opportunity for Oklahoma to take greater ownership of our educational future,” said Lindel Fields, Oklahoma Superintendent of Public Instruction. “By giving our state and local schools more flexibility in how federal education resources are managed, we can better respond to the unique needs of Oklahoma students, educators, and communities.”

“We have a plan for our students and schools in Nebraska, and we need to ensure that available resources are working together as effectively as possible,” said Dr. Brian Maher, Nebraska Commissioner of Education. “This waiver provides the flexibility to align federal investments with our Strategic Plan priorities, strengthen support for educators and school systems, and expand evidence-based practices that improve student learning. It represents an important opportunity to maximize the impact of federal funds on behalf of Nebraska students and schools.” 

The Department remains steadfast in its commitment to returning education to the states, recognizing that state and local leaders are best positioned to make decisions that improve student outcomes. Building on this momentum, the Department will continue to work with states as they identify unnecessary federal barriers, expand opportunities for state-led innovation, and empower states to direct resources where they can have the greatest impact on student achievement.

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.  

Oklahoma plans to use this waiver to bring professional development, student support, English learner services, and academic enrichment into one unified, statewide strategy. Oklahoma 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).  

Nebraska plans to use its waiver to direct additional resources toward boosting reading and math achievement, improving attendance and supporting educators. The waiver also helps Nebraska better support its schools and districts by reducing duplicative requirements, streamlining state services, and making it easier to coordinate resources. Nebraska will also be able to combine state-level funding from 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).  

On March 20, 2025, President Trump signed Executive Order 14242, Improving Education Outcomes by Empowering Parents, States, and Communities. Since then, the Department 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.