January 16, 2019

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 noncompliance.

The statutory authority for rulemaking that allows the SBOE to amend 511 IAC 6.2 concerning certain at-risk students not included in the calculation of school performance is IC 20-31-8-4.6.

The SBOE was unable to begin the rulemaking process within 60 days of the authorizing statute's effective date as it was working to comply with the requirements of Financial Management Circular #2015-1 before proceeding with the rulemaking process.

The SBOE initiated the rulemaking process by publishing its Notice of Intent to Adopt a Rule in the Indiana Register on October 17, 2018 (DIN: 20181017-IR-511180421NIA).

Timothy Schultz

General Counsel

Indiana State Board of Education