<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02-1" citation="COMAR 13A.01.01.02-1" title_num="13A" subtitle_num="01" chapter_num="01" heading="Waivers from Regulations.">
  <paragraph num="A.">
    <text>Authority. Upon a demonstration of good cause, substantial compliance, or comparable effort by an educational institution or program seeking a waiver, the State Board of Education may grant waivers from its regulations.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Term.</text>
    <paragraph num="(1)">
      <text>The term of a waiver may not exceed 3 years.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Requests to renew waivers for additional 3-year terms may be filed with the State Superintendent of Schools.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Procedure.</text>
    <paragraph num="(1)">
      <text>The head of an educational institution or program, including an institution of higher education, or the local superintendent of schools on behalf of a school or school system, shall file a waiver request with the State Superintendent of Schools. The request shall include a description of the desired outcome and an explanation of why the waiver is necessary and justifiable under the circumstances.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State Superintendent of Schools shall submit to the State Board of Education each waiver request within 45 calendar days of its receipt with a recommendation for either granting or denying the waiver, specifying its term, and providing written justification for any recommended denial.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The State Board of Education shall render a decision at its next regularly scheduled meeting. The decision of the State Board of Education on a waiver request is final.</text>
    </paragraph>
  </paragraph>
</regulation>