In a quiet but consequential move for school budgets, the U.S. Department of Education on May 13, 2026, signed off on Ed-Flex authority for Florida and Illinois, handing more spending levers to state education chiefs and local districts. With the two new approvals, states that can tap Ed-Flex now stand at a record 18, and districts may be able to shift certain federal K-12 formula dollars toward priorities they set closer to home.
The approvals were first flagged by the Tampa Free Press, which noted reaction from state officials and advocates. Florida Education Commissioner Anastasios Kamoutsas told the outlet the waiver will help direct federal funds "to where they matter most."
What transferability and AFUA allow
Two somewhat wonky tools sit at the heart of the latest guidance: transferability and the Alternative Fund Use Authority (AFUA). Under the Department's REAP guidance, AFUA spells out how small rural districts can redirect Title II and Title IV funds into activities allowed under other ESEA titles, including hiring teachers or buying technology, as long as those uses remain supplemental. The agency walks through examples and rules in the REAP informational document.
Federal sign-off and the 18-state milestone
The Department's Ed-Flex listing shows that Florida and Illinois were formally approved on May 13, 2026, with authority that runs through the 2030-31 school year. That same listing confirms that Ed-Flex is now active in 18 states and highlights the department's effort to let State Educational Agencies grant certain waivers to local districts without a second round of federal approval, according to the U.S. Department of Education.
Why now: the politics behind the push
The timing is not an accident. The latest approvals arrive as the White House and the Education Department push a broader shift of K-12 authority to states. On March 20, 2025, President Donald Trump signed Executive Order 14242, instructing the Education Secretary to "return authority over education to the States." Since then, the department has been urging state agencies to look closely at waivers and existing statutory flexibilities already on the books. The order's language and stated goals are posted by the American Presidency Project.
Legal limits and oversight
Ed-Flex does not hand states a blank check. Federal law and department guidance bar waivers of core protections, including standards and accountability requirements, maintenance of effort, comparability of services, equitable participation for private school students, parental participation rules, distribution of funds, and civil-rights obligations. The department has also emphasized that transferability and AFUA only change how districts can use federal money, not how much money they receive, according to its July 29, 2025 guidance to state chiefs. The agency lays this out in detail in a July letter from the U.S. Department of Education.
What to watch locally
For districts in the Tampa Bay region and across Florida, the immediate question is whether to file local waiver plans that spell out measurable goals and clear accountability measures. If districts decide to use AFUA or move funds using transferability, they can expect state guidance windows and notification deadlines to land in the spring and summer, with state and federal annual reports offering the sharpest look at whether the changes actually improve services for students. For concrete examples of how AFUA can cover costs such as staffing and technology, districts will be turning back to the REAP guidance in the department's informational document.
Supporters argue that the new authority will get resources into classrooms faster. Critics counter that loosening federal strings could produce uneven protections for students depending on their zip code. School boards, parents and local reporters will be tracking state waiver decisions and the first round of Ed-Flex reports as the clearest early test of whether this swing toward local control turns into real academic gains.
