Iowa Admin. Code r. 289-8.4

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 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

Iowa Admin. Code r. 289-8.4

ARC 9323B, lAB 1/12/11, effective 2/16/11