October 23, 2015

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 sixty (60) days after the effective date of the statutes that authorize the rule, unless a notice is filed with the Publisher that includes the reasons for the noncompliance.

The statutory authority for rulemaking that allows the SBOE to amend 511 IAC to account for recent changes regarding the Indiana graduation exam and making it necessary for the SBOE to define grade 10 for purposes of the exam is IC 20-19-2-8, IC 20-32-5-15, and IC 20-32-5-22.

The SBOE was unable to begin the rulemaking process within sixty (60) days of the authorizing statutes due to the need for a rule defining grade 10 being identified only recently.

The SBOE initiated the rulemaking process by publishing its Notice of Intent to Adopt a Rule in the Indiana Register on October 21, 2015 (DIN: 20151021-IR-511150370NIA).

Timothy A. Schultz

Deputy General Counsel

Indiana State Board of Education