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, unless a notice is filed with the Publisher stating the reasons for the agency's noncompliance.

The statutory authority for rulemaking that allows the SBOE to amend 511 IAC 15-7-2 by shortening the 90-day cut score effective date waiting period is IC 20-28-2-6 and IC 20-28-5-12.

The SBOE previously adopted rules pursuant to IC 20-28-2-6 regarding teacher licensure and certification. Within those rules is 511 IAC 15-7-2, which requires a 90-day waiting period before new SBOE teacher assessment cut scores become effective. Subsequently, the SBOE received comments from the public requesting that the 90-day cut score waiting period in 511 IAC 15-7-2 be shortened.

The SBOE initiated the rulemaking process by publishing its Notice of Intent to Adopt a Rule in the Indiana Register on July 15, 2015 (DIN: 20150715-IR-511150203NIA).

Brian M. Murphy

Assistant General Counsel

Indiana State Board of Education