September 23, 2016

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 that includes the reasons for the agency's noncompliance.

The statutory authority for rulemaking that allows the SBOE to amend 511 IAC to govern the operations of virtual charter schools is IC 20-19-2-8 and IC 20-24-7-13.

The SBOE was unable to begin the rulemaking process within 60 days of the authorizing statutes due to the existence of previous administrative regulations that pertained to the governance of virtual charter schools.

The SBOE initiated the rulemaking process by publishing its Notice of Intent to Adopt a Rule in the Indiana Register on June 22, 2016 (DIN: 20160622-IR-511160259NIA).

Timothy A. Schultz

General Counsel

Indiana State Board of Education