Instructions and Forms for Relief Requests Related
to the Impact of Hurricanes Katrina and Rita
July 21, 2006
Mississippi Department of Education
This document and the included forms have been designed to facilitate actions related to the
impact of Hurricanes Katrina and Rita on Mississippi School Districts. Please read this
information very carefully.
The Achievement, Growth, and AYP models for 2006 incorporate special procedures for
acknowledging the possible impact of displaced students on the accountability results. Details
concerning displaced students and the 2006 accountability models can be accessed from the 2006
Accountability Information Center web page on the Mississippi Assessment and Accountability
Reporting System (MAARS) or, directly, by using the following URL:
ftp://research.mde.k12.ms.us/pub/SAM06/Displaced%20Student%20Subgroup%202006.doc
The “Request for Review” and “NCLB Appeals for Districts and Title I Schools Identified for
Improvement” processes are the same as in earlier years. Information concerning those processes
can be accessed from the 2006 Accountability Information Center web page on MAARS or at:
ftp://research.mde.k12.ms.us/pub/SAM06/Request%20for%20Review%20-%202006%20AAG%20AYP.doc
ftp://research.mde.k12.ms.us/pub/SAM06/Appeals%20Process%202006%20under%20NCLB.doc
The rest of this document and the included request forms are to be used ONLY for requesting relief
beyond that provided by the displaced student subgroup procedure and the regular Request for
Review and NCLB Appeals processes. Relief related to the assignment of School Performance
Classifications under the 2006 state Achievement and Growth Models and special consideration
related to the 2006 NCLB Adequate Yearly Progress (AYP) Model are DIFFERENT. They have
different requirements and require the use of different request forms.
An explanation of hold harmless waiver requests for the state Achievement and Growth models
appears below. The form required for making a request for a hold harmless waiver is on page 2.
An explanation of requests for a one-year delay in the federal NCLB Adequate Yearly Progress
(AYP) model appears on page 3 and the one-year delay request form is on page 4.
A. Hold Harmless Waiver Requests for the state Achievement and Growth Models
Legislation passed during a special session in September 2005 (SB 2012) amended Mississippi
Code of 1972, Section 37-17-16 adding a clause, (4)(i), allowing any school district to submit
information describing extreme hardship due to Hurricane Katrina and request that the schools in
the district be held harmless under the 2006 state school level accountability system (the state
Achievement and Growth Models). The waiver request must be submitted to the Mississippi
Department of Education according to the procedures outlined on the request form (see page 2).
The MDE will compile the submitted requests and forward them to the Mississippi State Board of
Education for consideration at its August 2006 meeting. In accordance with the legislation, the
SBOE may grant a waiver. If the district is requesting that only certain schools be held harmless,
those schools must be specified in the request. If a waiver is granted, all schools within the district
(or only those specified in the request) will be held harmless in 2006. That means that each
school will retain the School Performance Classification, Achievement Level, and Growth Status
assigned in September 2005. Those results will be identified in any 2006 accountability results as
“held” results. The results from the 2006 Achievement and Growth Model calculations will be
considered invalid and will not be reported.
Request for a Hold Harmless Waiver
2006 Achievement and Growth Models
(School Performance Classification, Achievement Level, and Growth Status)
Important: This form is to be used ONLY for requesting a hold harmless waiver to the 2006 results
of the Achievement and Growth Models (the state school-level accountability models). The form for
requesting a one-year delay under NCLB is on page 4.
1. All Mississippi school districts are eligible to submit a request.
2. Enter the district code and name in the spaces provided below.
3. Provide a brief statement describing the "extreme hardship" due to the impact of Hurricane
Katrina (beyond that already accounted for by the displaced student subgroup procedure) that
would warrant a hold harmless waiver for the schools in your district.
4. The district superintendent must sign and date this request in the spaces provided.
5. Mail the request to the address shown at the bottom of this page. All requests must be received
in the Office of Research and Statistics by 5:00pm on AUGUST 11, 2006.
District Code:
District Name:
Extreme Hardship Explanation (if only for specific schools, list the school codes and names):
Additional page(s) may be attached, if necessary.
Signature of District Superintendent:
Mail this request to:
Date
Hold Harmless Request
Office of Research and Statistics
Mississippi Department of Education
359 N. West Street (P.O. Box 771)
Jackson, MS 39205
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B. One-Year Delay Requests for Accountability under No Child Left Behind (NCLB)
Aside from the incorporation of the displaced students subgroup within the 2006 AYP Model and
the normal NCLB Appeals procedure, any additional relief is limited to districts that meet certain
criteria outlined in a letter from U.S. Secretary of Education Margaret Spellings. The flexibility
outlined in the letter is based on existing provisions in the No Child Left Behind Act of 2001.
The relief available under provisions 1116(b)(7)(D) and 1116(c)(10)(F) of NCLB comprises a oneyear delay from certain accountability requirements for districts or schools that failed to make AYP
due to the impact of the disaster. In districts granted a one-year delay, schools failing to meet AYP
in 2006 (and/or the district, if the district failed to meet AYP) will not be assigned 2006 AYP
determinations. For purposes of tracking improvement status (applicable to all districts and to Title I
schools), the 2006 AYP results for those schools (and/or the district) will simply be skipped and the
2005 and 2007 AYP results will be used for determining whether the district and Title I schools are
identified for improvement in 2007 or move forward in the improvement process.
According to the USDE letter of September 29, 2005, a formal waiver will not be required from
USDE for a one-year delay under NCLB if the following three requirements are met.
1. The district must be in an area designated as a disaster area as a result of the hurricanes. All
counties in Mississippi were designated as such under FEMA Disaster Declaration 1604-DR.
2. Schools in the district must have sustained substantial damage such that they were closed for
a significant period of time as a result of the hurricanes.
3. The State Education Agency (Mississippi Department of Education) must use good judgment in
determining whether districts meeting the above criteria have experienced "exceptional
circumstances" due to the disaster and should be granted a one-year delay of the NCLB AYP
results (and any corresponding sanctions) for 2006. The SEA must report to the USDE a list of
school districts that were granted delays.
In order to be considered for a one-year delay, a formal request must be submitted to the
Mississippi Department of Education according to the procedures outlined on the request form (see
page 4). The MDE will evaluate the submitted requests and determine whether a one-year delay
will be granted. If a one-year delay is granted, the 2006 AYP results for any school failing to make
AYP (and/or the district, if the district failed to make AYP) will be ignored. In all 2006 accountability
reporting the AYP results for those schools (and/or the district) will be shown as “not/applicable.” If
the district or school was identified for any level of improvement for the 2005/2006 school year
(Improvement-Year 1, Improvement-Year 2, Corrective Action, Restructuring Plan, or
Restructuring), any applicable requirements (e.g., offering school choice, providing supplemental
educational services) must continue during the 2006/2007 school year.
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Request for a One-Year Delay
2006 Adequate Yearly Progress (AYP) and Title I Improvement Status
No Child Left Behind Act of 2001 (NCLB)
Important: This form is to be used ONLY for requesting a one-year delay to the 2006 results of the
AYP Model and corresponding requirements. The form for requesting a hold harmless waiver
under the state Achievement and Growth Models is on page 2.
1. The district must be located in a declared disaster area and have schools that were
damaged and closed for a significant period of time as a result of the hurricanes.
2. Enter the district code and name in the spaces provided below.
3. Provide a brief statement describing the "exceptional circumstances" due to the impact of
Hurricanes Katrina and Rita (beyond that already accounted for by the displaced student
subgroup procedure) that would warrant a one-year delay under NCLB.
4. The district superintendent must sign and date this request in the spaces provided.
5. Mail the request to the address shown at the bottom of this page. All requests must be received
in the Office of Research and Statistics by 5:00pm on AUGUST 11, 2006.
District Code:
District Name:
Exceptional Circumstances Explanation:
Additional page(s) may be attached, if necessary.
Signature of District Superintendent:
Mail this request to:
Date
One-Year Delay Request
Office of Research and Statistics
Mississippi Department of Education
359 N. West Street (P.O. Box 771)
Jackson, MS 39205
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