79-1188. Special education programs and support services; waiver of rules and regulations process; board; powers and duties.

The State Board of Education, with the assistance of the State Department of Education, shall provide a process for the waiver of rules and regulations adopted and promulgated under Chapter 79 as such rules and regulations relate to special education programs and support services related to special education. Such waiver shall not apply to any requirements subject to federal laws or federal rules and regulations. Any entity subject to state rules and regulations for special education may apply for a waiver of such rules and regulations. To the extent practicable, the State Board of Education shall grant or deny a waiver request at the next regularly scheduled meeting of the board following receipt of the written waiver request. The waiver process shall be studied for effectiveness by the State Board of Education.

The board may grant a waiver to the rules and regulations if the process set out by the department is followed.

Source:Laws 1995, LB 742, § 11; R.S.Supp.,1995, § 79-349; Laws 1996, LB 900, § 870; Laws 1999, LB 813, § 52.