1714 WAIVERS

1714.1 OSSE may waive compliance with one (1) or more provisions of sections 1703, 1709, or 1713 of this chapter, if OSSE determines that the following conditions have been satisfied, and the waiver request does not conflict with the intent and purposes of this chapter as determined by OSSE:

(a) The demonstrated immediate economic impact or hardship on the educator preparation provider or subject area program is sufficiently great to make immediate compliance impractical despite diligent efforts; or

(b) The educator preparation provider provides evidence to OSSE demonstrating that it meets or exceeds the intent of the specific regulation for which the waiver is requested in a manner other than that prescribed by the regulation.

1714.2 An educator preparation provider or subject area program may apply for a waiver by submitting a written request to OSSE that shall include the following:

(a) Citation of the section(s) in this chapter for which a waiver is being sought;

(b) The waiver sought;

(c) Clear and convincing evidence of:

(1) The immediate economic impact or hardship on the educator preparation provider or subject area program; or

(2) How the intent of the specific regulation shall be achieved in a manner other than that prescribed by the regulation.

1714.3 Any waiver issued in accordance with Section 1714.1 may be revoked by OSSE at any time with reasonable notice, either upon violation of any condition attached to it, or upon the determination by OSSE that continuance of the waiver is no longer required.

1714.4 OSSE shall provide notification of waiver approval. Any waiver issued shall expire on the date as indicated in the notification of waiver approval.

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022).