The Ed-Flex statute defines an eligible State, or “Ed-Flex Partnership State” as a State that—

    1. (A)Has—
      1. (1)Developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the ESSA,2 and is producing the report cards required by ESEA section 1111(h); or
      2. (2)Adopted new challenging State academic standards under ESEA section 1111(b)(1), made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under ESEA section 1111(h);
    2. (B) Will hold LEAs, ESAs, and schools accountable for meeting the educational goals described in the local Ed-Flex applications and for engaging in technical assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities and targeted support and improvement activities under ESEA section 1111(d); and
    3. (C) has waived or will waive State statutory or regulatory requirements relating to education while holding LEAs, ESAs, or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers. (20 U.S.C. § 5891b(a)(2))

    States include each of the fifty States, the District of Columbia, Puerto Rico, and each of the outlying areas (Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands). (20 U.S.C. § 5891a(4)).

    Unless otherwise indicated, citations to the ESEA are to the ESEA, as amended by the ESSA.