Section 289.8.4. Criteria for waiver.

In response to a petition completed pursuant to rule 289—4.6(17A,ExecOrd11), the committee may, in the committee’s sole discretion, issue an order waiving in whole or in part the requirements of a rule if the committee finds, based on clear and convincing evidence, all of the following:

        1.            The application of the rule to the person at issue would result in an undue hardship on the person for whom the waiver is requested;

        2.            The waiver from the requirement of the rule in the specific case would not prejudice the substantial legal rights of any person;

        3.            The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law;

        4.            Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested; and

        5.            The waiver from the requirements of the rule in the specific case would not have a negative impact on the student achievement of any person affected by the waiver.

[ARC 9323B, IAB 1/12/11, effective 2/16/11]