September 26, 2011

Representative Jeffrey Thompson, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Attn: Sarah Burkman

RE: LSA Documents [sic] #11-51 – Proposed Rule Regarding Performance Categories

Dear Representative Thompson:

On behalf of the Indiana State Board of Education, I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, which requires that a notice be sent if a rule will not be signed by the Governor within one year of publication of the Notice of Intent to Adopt a Rule. This notice is to be filed by the two hundred fiftieth day following the publication of the Notice of Intent to Adopt a Rule.

The Notice of Intent to Adopt a Rule for LSA [Document] #11-51 was published in the Indiana Register on January 26, 2011 (20110126-IR-511110051NIA). January 26th, 2011, through Monday, September 26, 2011, is 244 days.

The delay is the result of extended discussions and consideration of the final metrics to be used in determining performance categories. We expect that the Proposed Rule will be completed and submitted for publication by November 1. Public hearings will follow, and the Final Rule is expected to be approved by the State Board of Education at its January 2012 meeting. Final approval by the Governor is expected no later than May 31, 2012.

If you need additional information, please do not hesitate to contact me at 232-0592.

Sincerely,

Michelle Gough McKeown, Legal Counsel

Indiana Department of Education

CC: Steve Barnes, Indiana Register, Legislative Services Agency

Becky Bowman, State Board Administrator