(A) The Commissioner may issue a waiver of one or more of the requirements imposed through 105 CMR 210.000 upon a finding that:

1. (1) compliance would cause undue hardship to the public school district or non-public school;
2. (2) the public school district or non-public school's noncompliance does not jeopardize the health or safety of individuals or the public;
3. (3) the public school district or non-public school is in substantial compliance with the spirit of the regulations and has instituted compensating measures that are acceptable to the Commissioner; and
4. (4) the public school district or non-public schools provides to the Commissioner, or their designee, written documentation supporting its request for a waiver.