Sec. 13. (a) If a school corporation is unable to comply with section 12(e) of this chapter, the governing body may, before November 1 of a school year, request from the secretary of education a waiver of the requirements of section 12(e) of this chapter.

     (b) The waiver request under subsection (a) must:

(1) be in writing;

(2) include the reason or reasons that necessitated the waiver request; and

(3) indicate the extent to which the governing body attempted to comply with the requirements under section 12(e) of this chapter.

     (c) The secretary of education shall take action on the waiver request not later than thirty (30) days after receiving the waiver request.

     (d) The secretary of education may:

(1) approve the waiver request;

(2) deny the waiver request; or

(3) provide whatever relief that may be available to enable the school corporation to comply with the requirements under section 12(e) of this chapter.

     (e) If the secretary of education approves the waiver request, the governing body shall conduct an annual screening test of the visual acuity of each student as described in section 12(b) of this chapter upon the student’s enrollment in or transfer to grade 1.

     (f) The governing body of each school corporation shall make and maintain records of all waivers requested by the governing body under this section.

     (g) The secretary of education shall make and continuously maintain records of all actions taken by the secretary of education concerning all waivers requested under this section.

     (h) A request for a waiver under this section must be made annually.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-7-16.5.]

As added by P.L.1-2005, SEC.18. Amended by P.L.161-2009, SEC.4; P.L.89-2013, SEC.2; P.L.43-2021, SEC.113; P.L.164-2023, SEC.53.