Section 10. WAIVERS

A school administrative unit may apply for a waiver from compliance with any provision of this rule.

10.01 Application for a waiver shall contain:

• A. Documentation of actions taken to meet the requirements prior to applying for the waiver;

• B. A description of the unforeseeable circumstances or undue hardships which led to the application;

• C. A statement of financial hardship if applicable; and

• D. The plan that the school administrative unit will implement to come into compliance with the regulations.

10.02 The Commissioner may grant the waiver in the following circumstances:

• A. Based on components A., C., and D. of the application for a waiver the Commissioner will grant a one year waiver to 2007-2008 for section 7.02.A.2). in the content areas of Health and Physical Education, Science and Technology, Social Studies.

• B. Upon finding that due to unforeseeable circumstances or undue hardship including financial hardship, the school administrative unit is unable to comply with this rule and that the compliance plan that the school administrative unit has submitted is reasonable; or

• C. Upon finding that student performance in the unit exceeds expectations and that there is a Personal Learning Plan developed in accordance with subsection 3.04 (B) of this rule, for each student in the unit.

Section 10. WAIVERS

A school administrative unit may apply for a waiver from compliance with any provision of this rule.

10.01 Application for a waiver shall contain:

• A. Documentation of actions taken to meet the requirements prior to applying for the waiver;

• B. A description of the unforeseeable circumstances or undue hardships which led to the application;

• C. A statement of financial hardship if applicable; and

• D. The plan that the school administrative unit will implement to come into compliance with the regulations.

10.02 The Commissioner may grant the waiver in the following circumstances:

• A. Based on components A., C., and D. of the application for a waiver the Commissioner will grant a one year waiver to 2007-2008 for section 7.02.A.2). in the content areas of Health and Physical Education, Science and Technology, Social Studies.

• B. Upon finding that due to unforeseeable circumstances or undue hardship including financial hardship, the school administrative unit is unable to comply with this rule and that the compliance plan that the school administrative unit has submitted is reasonable; or

• C. Upon finding that student performance in the unit exceeds expectations and that there is a Personal Learning Plan developed in accordance with subsection 3.04 (B) of this rule, for each student in the unit.