On behalf of the Indiana State Board of Education (SBOE), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process not later than 60 days after the effective date of the statute that authorizes the rule.

The statutory authority for rulemaking that allows the SBOE to amend provisions of 511 IAC 10-6 regarding objective measures of student growth and achievement used to significantly inform performance evaluations is IC 20-28-11.5-8.

The SBOE has previously promulgated rules under 511 IAC 10-6 pursuant to IC 20-28-11.5-8. Subsequently, it has become clear that further rulemaking is necessary to promote a more uniform calculation of performance evaluations across the state. The SBOE was not able to initiate rulemaking to define objective measures of student growth and achievement used to significantly inform performance evaluations within 60 days of the effective date of IC 20-28-11.5-8 because such a need was not apparent within that time frame.

The SBOE initiated the rulemaking process by publishing its Notice of Intent to Adopt a Rule in the Indiana Register on September 24, 2014 (DIN: 20140924-IR-511140376NIA).

Brian M. Murphy

Staff Attorney

Indiana State Board of Education