Sec. 9. If, based on the information contained in the petition and provided in the public hearing or otherwise made available to the department, the department determines that the plan presented by the school corporation, with or without revisions required by the department:
(1) will protect the safety of eligible students enrolled in the school corporation; and
(2) is otherwise in accordance with applicable law;
the department may waive the requirements imposed by section 3 of this chapter.