The U.S. Department of Education has approved the Arkansas Department of Education's (ADE) request for a flexibility agreement under section 9401 of the ESEA for the creation of a separate subgroup for students displaced by Hurricanes Katrina and Rita for adequate yearly progress (AYP) decisions based on the 2005-2006 school year. Approval is conditioned on Arkansas's fulfilling the following conditions:
1. Arkansas must include the displaced students subgroup in the 2005-2006 AYP calculations for participation at the school, district and State levels;
2. Arkansas must report achievement for the displaced students subgroup at the State and district levels just like other subgroups in its 2006 State and District Report Cards; and
3. Arkansas must automatically enroll these students in the State's academic intervention and/or remedial education programs (academic improvement plan - AIP) if a student scores below proficient on the 2005-2006 assessments.
The State must also submit a report to the Department detailing the number of displaced students enrolled in an AIP. At a later date, the ADE will distribute through a Commissioner's Memo a form that district's will be required to complete regarding the number of displaced students required to have an AIP.