President Obama has announced a way to help states get around No Child Left Behind’s requirements. His 2011 Elementary and Secondary Education Act Flexibility plan grants certain states waivers from No Child Left Behind accountability requirements if they agree to a series of preset conditions. Although many states are enthusiastic about obtaining this relief, the waiver plan poses several notable risks. Legally, it remains to be seen whether the executive branch has the authority to craft national education policy without the approval of Congress. Politically, support for waivers may wane as states begin to implement the administration’s favored policies, particularly upon implementing the challenging Common Core standards. And logistically, the creation of two wholly different federal accountability regimes poses an incredible challenge for federal oversight.