Waiver of Applicability

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Sec. 5. (a) A plan may include a request for a waiver of applicability of a rule or statute to a school.

(b) The governing body may waive any rule adopted by the state board for which a waiver is requested in a plan, except for a rule that is characterized as follows:

(1) The rule relates to the health or safety of students or school personnel.

(2) The rule is a special education rule under 511 IAC 7.

(3) Suspension of the rule brings the school into noncompliance with federal statutes or regulations.

(4) The rule concerns curriculum or curricular materials.

(c) Upon request of the governing body and under a plan, the state board may waive for a school or a school corporation any statute or rule relating to the following:

(1) Curriculum.

(2) Selection of curricular materials.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.2-3-4.]

As added by P.L.1-2005, SEC.15. Amended by P.L.286-2013, SEC.101.


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