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<regulation prefix="Regulation" num=".18" citation="COMAR 09.37.01.18" title_num="09" subtitle_num="37" chapter_num="01" heading="Waivers.">
  <paragraph num="A.">
    <text>Waivers to the requirements of Regulations .06(A) and .07 of this chapter are granted only by the Secretary or the Secretary’s designee in exceptional circumstances if it is in the candidate's best interest and in accordance with testing standards.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If the candidate is a student with a disability who receives special education and related services from a public or nonpublic program, the candidate must request a waiver of withdrawal from the Secretary prior to registration which requires that:</text>
    <paragraph num="(1)">
      <text>The waiver application to the Secretary or the Secretary’s designee shall include a copy of the student's current individualized education program indicating:</text>
      <paragraph num="(a)">
        <text>That preparation for and taking of the Test is part of the student's transition plan pursuant to COMAR 13A.05.01.09A(3); and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any accommodations that the student may need for the Test;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If it is necessary for the student to continue to attend school after the date of the filing of the waiver request in order to receive a free appropriate public education, the request shall indicate:</text>
      <paragraph num="(a)">
        <text>That the student will withdraw from school before the testing date; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date upon which the student will withdraw from school;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The request shall be appended with a release that:</text>
      <paragraph num="(a)">
        <text>States that the parent has approved the waiver request and understands that receipt of a Maryland High School Diploma will conclude the student's eligibility for special education and related services;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is signed by the student's parent; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is on a form approved by the Department; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Upon receipt of notice from the Department that the candidate has failed to pass the Test, the local school system shall convene an individualized education program team meeting pursuant to COMAR 13A.05.01.07—.08 to plan for:</text>
      <paragraph num="(a)">
        <text>The student's resumption of special education and related services within 90 days of the Test date; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Compensatory services for the period in which the student was withdrawn from school, as appropriate.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The decision of the Secretary or the Secretary’s designee on a waiver request is final.</text>
  </paragraph>
</regulation>