1. A. 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.

2. B. 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:

   1. (1) The waiver application to the Secretary or the Secretary’s designee shall include a copy of the student's current individualized education program indicating:

      1. (a) 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
      2. (b) Any accommodations that the student may need for the Test;

   2. (2) 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:

      1. (a) That the student will withdraw from school before the testing date; and
      2. (b) The date upon which the student will withdraw from school;

   3. (3) The request shall be appended with a release that:

      1. (a) 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;
      2. (b) Is signed by the student's parent; and
      3. (c) Is on a form approved by the Department; and

   4. (4) 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:

      1. (a) The student's resumption of special education and related services within 90 days of the Test date; and
      2. (b) Compensatory services for the period in which the student was withdrawn from school, as appropriate.
3. C. The decision of the Secretary or the Secretary’s designee on a waiver request is final.

Authority: Labor and Employment Article, §§11-807 and 11-808, Annotated Code of Maryland

Effective date: January 14, 2010 (37:1 Md. R. 14)

Regulation .04A, C amended effective November 28, 2011 (38:24 Md. R. 1501)

Regulation .06 amended effective November 28, 2011 (38:24 Md. R. 1501)

Regulation .08 amended effective November 28, 2011 (38:24 Md. R. 1501)

Regulation .11A amended effective November 28, 2011 (38:24 Md. R. 1501)

Regulation .17A, C amended effective November 28, 2011 (38:24 Md. R. 1501)

Regulation .18 amended effective November 28, 2011 (38:24 Md. R. 1501)

Regulations .01—.20 amended effective April 28, 2014 (41:8 Md. R. 470)

Chapter revised effective July 21, 2025 (52:14 Md. R. 712)