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The federal role in education policy highlights an innate tension with states based on the expected roles in the U.S. system of federalism. While education policy is traditionally developed by the legislative branch, an increasing use of waivers for state flexibility exemplifies a shift toward executive federalism. Using existing studies about education waivers, data from the Department of Education, and quotes from secretaries of education, this paper explores the increasing role of the executive branch in allowing flexibility for states to implement federal education policy requirements. With major education policy significantly overdue for reauthorization and a polarized Congress making little progress toward that end, waivers may continue to be the solution.