January 16, 2019

On behalf of the Indiana State Board of Education (Board), 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 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 Board to amend 511 IAC 7 concerning special education is IC 20-19-2-8 and IC 20-19-2-16.

The Board was unable to begin the rulemaking process within 60 days of the authorizing statutes' effective dates due to the fact that the need to amend 511 IAC 7 was recently identified by the Board.

The Board initiated the rulemaking process by publishing its Notice of Intent to Adopt a Rule in the Indiana Register on March 21, 2018 (DIN: 20180321-IR-511180153NIA).

Chad E. Ranney

Deputy General Counsel

Indiana State Board of Education