281—4.4 (17A,ExecOrd11) Criteria for waiver. In response to a petition completed pursuant to rule 281—4.6(17A,ExecOrd11), the director may in the director’s sole discretion issue an order waiving in whole or in part the requirements of a rule if the director finds, based on clear and convincing evidence, all of the following:
	  1. 	 The application of the rule to the person at issue would result in an undue hardship on the person for whom the waiver is requested;
	  2. 	 The waiver from the requirement of the rule in the specific case would not prejudice the substantial legal rights of any person;
	  3. 	 The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law;
	  4. 	 Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested; and
	  5. 	 The waiver from the requirements of the rule in the specific case would not have a negative impact on the student achievement of any person affected by the waiver.