Virginia Schools Gain Spending Flexibility Under Federal Program

Virginia schools will have greater agency in administrative decisions and flexibility in how they spend federal funds heading into the upcoming school year, potentially affecting low-income student programs and teacher development.

Over the past year, the U.S. Department of Education has loosened some rules on how federal Title program funds can be used. In December, Virginia submitted a successful application for the Education Flexibility Partnership Act of 1999 program to boost student success and implement educational improvements.

Some education advocates, like Chris Jones, executive director of the Virginia Association for Teaching, Learning and Leading, said they conditionally support flexibility in education funding, but only if it preserves or strengthens equity for underserved students.

“Nobody knows what their students need more than the people who actually serve them,” said Jones, adding that funds used for underserved student groups should continue to be protected.

Other leaders like Ben Pearson-Nelson, president of the Virginia Parent Teacher Association, argue that federal “flexibility” in education funding compounds long-term defunding of public schools, harming at-risk students, students in poverty, students with special needs, and the teaching profession.

He stresses that while local control over funds may sound positive, it often means districts are forced to do more with less in an already under-resourced system, with particularly harsh impacts on rural schools and on public education as a whole.

Pearson-Nelson said, “putting it in a small, beautifully wrapped package doesn’t change the fact that we’ve taken a system designed to help our kids, and decided that it’s not worthy of attention or investment.”

Ed-Flex program background

On Jan. 16, the U.S. Department of Education gave Virginia more flexibility over education rules by allowing the state to approve certain federal waivers for local school divisions without first getting permission from the federal education agency.

This change is designed to help schools to spend less time on paperwork and more time improving student learning and meeting the needs of their local communities.

The Ed-Flex program is authorized under the Education Flexibility Partnership Act of 1999 and was reauthorized with the Every Student Succeeds Act in 2015.

“The Trump Administration’s goal is to improve academic achievement, particularly by strengthening literacy and numeracy instruction, empowering parents, and returning education to the states,” Acting Assistant Secretary for the Office of Elementary and Secondary Education Hayley Sanon said last September.

Virginia can approve exceptions to certain federal “how-to” rules for certain education grants, giving schools more flexibility in how they use those funds. Those grants apply to programs for students from low-income families, teacher and school leader development, and programs that fund technology and student health and safety.

Under the Ed-Flex program, schools could consolidate or reallocate federal funds.

For example, they could extend spending deadlines, request flexibility in Title I program requirements, relief from administrative and reporting requirements, and organize professional development implementation.

Last month, Culpepper Schools posted a public notice seeking an Ed-Flex waiver to carry over more than 15% of its Title I funds from the 2025–2026 school year into the 2026–2027 school year.

If approved, the division says it plans to use these funds to continue and strengthen academic and behavioral supports, including reading and math intervention services, supplemental instructional support for students most at risk of failing to meet academic standards, and behavioral supports to improve student engagement and school climate.

“This flexibility would help ensure continuity of services and supports for students,” the school division said in a statement, adding that the waiver is expected to improve student achievement, including increasing reading and math proficiency and reducing behavioral barriers to learning.

Funding programs under the Elementary and Secondary Education Act (ESEA), Title I, are generally the most debated because they contain the largest amount of K-12 funding and directly address educational inequity.

Historically, critics have questioned its allocation formulas, accountability measures and overall effectiveness, but few reform proposals have been advanced.

Levi Goren, director of research and education policy with the Commonwealth Institute for Fiscal Analysis, said the real test of Virginia’s new funding flexibility is whether state and local leaders use it to strengthen support for students facing the greatest barriers, especially low-income kids, rather than shift money away from them.

“I think the general question is how to balance the legitimate benefits of flexibility for local school divisions and states with the fact that this money was provided by Congress to make sure students facing particular types of barriers get the resources they need in order to learn,” Goren said.

While the program offers some administrative flexibility, Virginia cannot waive certain federal requirements, including ESEA standards, assessments and accountability requirements.

Federal funding distribution rules and several Title I eligibility provisions, as well as equitable participation for private school students and staff, and parental involvement requirements, also can’t be waived.

According to the federal agency, school districts seeking an Ed-Flex waiver must draft the proposed waiver, post it publicly, accept public comments and submit the request..

The authority extends through the 2029–2030 school year, provided Virginia continues to meet federal requirements, including annual reporting.

by Nathaniel Cline, Virginia Mercury

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