There is no requirement for an IR really, just a clearance same as class B. I took my Travelair on the high climb before I was IR.
91.135 says nay-nay, nowadays.
"Except as provided in paragraph (d) of this section, each person operating an aircraft in Class A airspace must conduct that operation under instrument flight rules (IFR) and in compliance with the following: ..."
Unless you submitted your request 4 days in advance in writing...
"(d) ATC authorizations. An operator may deviate from any provision of this section under the provisions of an ATC authorization issued by the ATC facility having jurisdiction of the airspace concerned. In the case of an inoperative transponder, ATC may immediately approve an operation within a Class A airspace area allowing flight to continue, if desired, to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made, or both. Requests for deviation from any provision of this section must be submitted in writing, at least 4 days before the proposed operation. ATC may authorize a deviation on a continuing basis or for an individual flight."
Airspace Table in 91.115 supports this.
91.905 supports that a waiver is available which was already clear in 91.135.
But...
David can say he's been up where Sport Pilots in LSAs aren't allowed to go.
61.315(c)(6)
Nor Recreational Pilots...
61.101(d)
And if you want to go up there after installing ADS-B Out, your gear has to meet a different set of specifications.
91.227
Nor Ultralights...
103.17
And if he had a collision avoidance system (ACAS) and it went off up there, it's a required immediate repot to the NTSB.
830.5
Radar Traffic callouts may not be declined.
AIM 4-1-15
ATC will not authorize VFR or VFR-on-top.
AIM 4-4-8 and AIM 5-5-13
Left out the Transponder stuff.