Certificates of Eligibility - Migrant Student Data, Recruitment and
Transcription
Certificates of Eligibility - Migrant Student Data, Recruitment and
Contact Information Washington State Migrant Education Program Migrant Student Data & Recruitment Office MSDR 810-B East Custer Avenue Sunnyside, Washington 98944 (509) 837-2712 / 800-274-6084 FAX: Office Email: Website: (509) 839-9017 [email protected] www.msdr.org Director: Lionel G. Campos Director’s Email: [email protected] DATA MANAGEMENT SERVICES COMPONENT Coordinator Lisa Schlenker Email: [email protected] Data Management Specialists/Trainers Evangelina “Bengie” Aguilar Email: [email protected] Eric Garza Email: [email protected] Margaret Lopez Email: [email protected] Alvina Ocegueda Email: [email protected] Identification & Recruitment Handbook Acronyms & Abbreviations Helpful acronyms and abbreviations used in this handbook include: ACRONYM DEFINITION CAMP ........................ College Assistance Migrant Program COE ............................. Certificate of Eligibility DISC ............................. Disconnected DNQ ............................ Does Not Qualify EOE .............................. End-of-Eligibility FTE ............................... Full Time Equivalent FER............................... Family Eligibility Review GED ............................. General Education Diploma HEP .............................. High School Equivalency Program ID ................................. Identification I/R ............................... Identification and Recruitment LEA............................... Local Educational Agency MA ............................... Made Appointment MEP ............................. Migrant Education Program MERO ......................... Migrant Education Regional Office MSDR ......................... Migrant Student Data and Recruitment Office MSIS ............................ Migrant Student Information System NH ................................ Not Home NI.................................. Not Interested NP ................................ No Phone NS................................. No Show OSPI ............................ Office of Superintendent of Public Instruction OSY .............................. Out-of-School Youth OOS ............................. Out-of-School PASS ............................ Portable Assisted Study Sequence QAD............................. Qualifying Arrival Date SEA .............................. State Educational Agency SEMY .......................... Secondary Education for Migrant Youth S/L/P ........................... Sent Letter to Parent Identification & Recruitment Handbook Table of Contents Contact Information ______________________________________ Page 1 Acronyms and Abbreviations _____________________________ Page 2 Section 1: Introduction Washington State Migrant Education Program ____________________ Section 1, Page 1 Identification and Recruitment Definition ________________________ Section 1, Page 1 Local I/R Responsibility _______________________________________ Section 1, Page 2 Role of the Home Visitor _____________________________________ Section 1, Page 3 Home Visitor Job Description __________________________________ Section 1, Page 4 Home Visitor Activities _______________________________________ Section 1, Page 5 Washington State Migrant Education Program ___________________ Section 1, Pages 6-18 General MEP Information -------------------------------------Section 1, Page 6 MEP Goal ----------------------------------------------------------Section 1, Page 6 Funding -------------------------------------------------------------Section 1, Page 7 Types of Services ------------------------------------------------Section 1, Page 7 MEP Office Locations -------------------------------------------Section 1, Page 8 Organizational Chart – WA MEP-----------------------------Section 1, Page 9 Organizational Structure Description ----------------------Section 1, Page 10 MEP Contact Information -------------------------------------Section 1, Page 11 MEP Project & Non-Project School Districts -------------Section 1, Page 12 Who is a Migrant Student? -----------------------------------Section 1, Page 13 What is Identification & Recruitment? (I/R)? ------------Section 1, Page 13 Sample Eligibility Questions ----------------------------------Section 1, Page 14 USDA Food and Nutrition Service MEP/LEA Memos ---Section 1, Pages 15-18 Section 2: Eligibility Criteria Federal Definitions __________________________________________ Section 2, Pages 1-12 Child Eligibility ----------------------------------------------------Section 2, Page 1 What is the definition “migratory child”?-----------------Section 2, Page 1 Who is a “migratory agricultural worker”? ---------------Section 2, Page 2 Agricultural Work ------------------------------------------------Section 2, Page 2 Who is a “migratory fisher”? ---------------------------------Section 2, Page 2 Fishing Work ------------------------------------------------------Section 2, Page 2 Move or Moved --------------------------------------------------Section 2, Pages 3-4 In Order to Obtain -----------------------------------------------Section 2, Page 4 Qualifying Work --------------------------------------------------Section 2, Page 5 Seasonal Employment -----------------------------------------Section 2, Page 5 Temporary Employment ---------------------------------------Section 2, Page 5 Change of Residence -------------------------------------------Section 2, Page 6-7 “In order to obtain” ---------------------------------------------Section 2, Page 8 “personal subsistence” ----------------------------------------Section 2, Page 8 “out-of-school youth” ------------------------------------------Section 2, Page 8 “emancipated youth” ------------------------------------------Section 2, Page 9 “Guardian” --------------------------------------------------------Section 2, Page 9 Spouse Eligibility -------------------------------------------------Section 2, Page 10 Qualifying Move -------------------------------------------------Section 2, Pages 10-12 Identification & Recruitment Handbook Table of Contents, Page 1 Table of Contents Section 2: Eligibility Criteria Basic Eligibility for the Migrant Education Program (MEP) ___________ Section 2, Pages 13-17 Migrant Education Eligibility Factors -----------------------Section 2, Page 13 Move ----------------------------------------------------------------Section 2, Page 14 Qualifying work --------------------------------------------------Section 2, Page 14 Seasonal Employment------------------------------------------Section 2, Page 15 Temporary Employment ---------------------------------------Section 2, Pages 15-16 Agricultural Work ------------------------------------------------Section 2, Page 16 Fishing Work ------------------------------------------------------Section 2, Page 16 Sample Eligibility Questions ----------------------------------Section 2, Page 17 Eligibility Review Exercises ____________________________________ Section 2, Pages 18-19 Eligibility Exercise 1 ---------------------------------------------Section 2, Page 18 Eligibility Exercise 2 ---------------------------------------------Section 2, Page 19 Section 3: Interviewing Migrant Families Conducting a Successful Interview______________________________ Section 3, Page 1 The Interview -----------------------------------------------------Section 3, Page 1 Interviewing Techniques --------------------------------------Section 3, Page 1 Interviewing a Migrant Family -------------------------------Section 3, Page 1 Tips to Consider --------------------------------------------------Section 3, Pages 2-5 When Conducting Home Visits ------------------Section 3, Page 2 Yellow Flags -------------------------------------------Section 3, Page 3 Key Questions ----------------------------------------Section 3, Page 4 Assumptions and Judgments ---------------------Section 3, Page 4 Leading Questions -----------------------------------Section 3, Page 5 Conducting a Successful Interview--------------------------Section 3, Pages 6-7 Recruiting Tips----------------------------------------Section 3, Page 6 Sample Door Knob Message ----------------------Section 3, Page 7 Home Visitor Ethic Guidelines -------------------------------Section 3, Pages 8-14 The Home Visitor Instinct -------------------------Section 3, Page 8 Lessons Learned: Eligibility -----------------------Section 3, Page 8-10 Warning Signs -------------------------Section 3, Page 8 Quality Control ------------------------Section 3, Page 9 Falsification ----------------------------Section 3, Page 10 Conclusion ------------------------------Section 3, Page 10 Sample Home Visitor Ethics Guidelines -------Section 3, Page 11-14 Migrant Education Home Visitor Standard of Ethics --------- Section 3, Page 11 Migrant Education Home Visitor Standards of Conduct ----- Section 3, Page 11 Identify Fraud, Falsification or Misconduct ----- ------------- Section 3, Page 12 Report Fraud, Falsification or Misconduct ------ ------------- Section 3, Page 13-14 Identification & Recruitment Handbook Table of Contents, Page 2 Table of Contents Section 4: Eligibility Scenarios/Ruling Eligibility Ruling_____________________________________________ Section 4, Page 1 Eligibility Scenarios/Ruling ____________________________________ Section 4, Page 1-16 Children born after the QAD ---------------------------------Section 4, Page 1 Dropping Children Enroute to Final Destination --------Section 4, Page 1 Duration of Move------------------------------------------------Section 4, Page 2 Early Moves -------------------------------------------------------Section 4, Page 2 Economic Necessity ---------------------------------------------Section 4, Page 3 Emancipated Youth ---------------------------------------------Section 4, Page 3 Hauling -------------------------------------------------------------Section 4, Page 4 In Order to Obtain -----------------------------------------------Section 4, Page 4-6 Intent—Crop ------------------------------------------------------Section 4, Page 6 Intent—Refuge ---------------------------------------------------Section 4, Page 7 International Moves --------------------------------------------Section 4, Page 7 Late Identification -----------------------------------------------Section 4, Page 7 Moves: Prior History (Residency Date) --------------------Section 4, Page 8 Moves of Short Duration --------------------------------------Section 4, Page 8 Move outside Washington State ----------------------------Section 4, Page 9 Personal Subsistence -------------------------------------------Section 4, Page 9 Qualifying Worker -----------------------------------------------Section 4, Page 10 School District Boundaries ------------------------------------Section 4, Page 11 Temporary Employment ---------------------------------------Section 4, Page 12-13 To Join Moves ----------------------------------------------------Section 4, Pages 14-15 Vacation ------------------------------------------------------------Section 4, Page 16 Section 5: Completing the Certificate of Eligibility The Certificate of Eligibility (COE) ______________________________ Section 5, Page 1 Purpose ------------------------------------------------------------Section 5, Page 1 Information Included -------------------------------------------Section 5, Page 1 Exceptions ---------------------------------------------------------Section 5, Page 1 General Instructions _________________________________________ Section 5, Page 2 Instructions on how to complete a Certificate of Eligibility __________ Section 5, Pages 3-24 School Information ---------------------------------------------Section 5, Page. 3 Family Data--------------------------------------------------------Section 5, Page. 3-4 Qualifying Move and Work Data ----------------------------Section 5, Pages 5-14 Comments ---------------------------------------------------------Section 5, Pages 15-17 Residency Date ---------------------------------------------------Section 5, Page. 18 Child/School Data -----------------------------------------------Section 5, Pages 18-21 Parent/Guardian/Spouse/Worker Authorization and Signature ----Section 5, Page 22 Eligibility Certification ------------------------------------------Section 5, Page 23 Revalidation -------------------------------------------------------Section 5, Page 24 Process -------------------------------------------------------------Section 5, Page 25 Tools to Complete the Certificate of Eligibility ____________________ Section 5, Pages 26-27 Qualifying Activities and Crops ------------------------------Section 5, Page 26 Reference Guide for Certificate of Eligibility Completion ------------- Section 5, Page 27 The Certificate of Eligibility: Sample ____________________________ Section 5, Page 28 Challenge COE Form _________________________________________ Section 5, Page 29 COE Completion and Eligibility Questions ________________________ Section 5, Page 30 Identification & Recruitment Handbook Table of Contents, Page 3 Table of Contents Section 6: Local I/R Responsibility State Identification and Recruitment Guidelines for Local Education Agencies ( LEAs) _____________________________ Section 6, Page 1 State Identification and Recruitment Guidelines __________________ Section 6, Page 2 Home Visitor Job Description __________________________________ Section 6, Page 3 Home Visitor Activities-Percentage of Time Recommended _________ Section 6, Page 4 Active I/R: Finding Migrant Children ____________________________ Section 6, Pages 5-7 Definitions ---------------------------------------------------------Section 6, Page 5 Types of Surveys -------------------------------------------------Section 6, Pages 5-6 What to ask the School ----------------------------------------Section 6, Page 6 Registration Help ------------------------------------------------Section 6, Page 6 Survey in the Field -----------------------------------------------Section 6, Page 7 Employers ---------------------------------------------------------Section 6, Page 7 Sample Forms ______________________________________________ Section 6, Pages 8-14 Farm Contact/Employee Survey -----------------------------Section 6, Page 8 Eligibility Survey (English form) ------------------------------Section 6, Page 9 Cuestionario de Eligibilidad (Spanish form) --------------Section 6, Page 10 Title I Migrant Education Program (English form) ------Section 6, Page 11 Programa de Educación Migrante (Spanish form) ------Section 6, Page 12 Do You Qualify? (English form) ------------------------------Section 6, Page 13 ¿Califica Usted? (Spanish form) -----------------------------Section 6, Page 14 COE Distribution and Filing Guidelines __________________________ Section 6, Page 15-16 I/R Activities: Recruiting Out-of-School (OOS) Youth _______________ Section 6, Page 17-18 Eligible Ages -------------------------------------------------------Section 6, Page 17 Out-of-School Youth --------------------------------------------Section 6, Page 17 Where are they? -------------------------------------------------Section 6, Page 17 Special Issues -----------------------------------------------------Section 6, Page 17 Graduate and GED Recipients --------------------------------Section 6, Page 18 Social Service Assistance: Referrals ____________________________ Section 6, Pages 18-19 What Is It? ---------------------------------------------------------Section 6, Page 18 Federal Register --------------------------------------------------Section 6, Page 18 State Plan ----------------------------------------------------------Section 6, Page 19 Social Service Agencies ----------------------------------------Section 6, Page 19 Making the Referral-Tips for Making the Referral ------Section 6, Page 20 Follow Up ----------------------------------------------------------Section 6, Page 20 Statewide I/R Activities ______________________________________ Section 6, Page 21 Eligibility Rulings -------------------------------------------------Section 6, Page 21 100% Eligibility Accuracy Rate -------------------------------Section 6, Page 21 Family Eligibility Reviews (FERs) -----------------------------Section 6, Page 21 Examples of Social Service Agencies ____________________________ Section 6, Page 22 MSIS and I/R Retention Requirements __________________________ Section 6, Page 23 Home Visitor Log ___________________________________________ Section 6, Page 24 Form: Home Visitor Log ______________________________________ Section 6, Page 25 Home Visitor Log Acronyms and Abbreviations ___________________ Section 6, Page 26 Putting “Active” Into Active I/R ________________________________ Section 6, Pages 27-28 Mapping the School District ----------------------------------Section 6, Page 27 Networking with Community Agencies and Migrant Employers ----Section 6, Page 27 Canvas the Community ----------------------------------------Section 6, Page 28 Plan on Getting Out ---------------------------------------------Section 6, Page 28 Creating the I/R Plan--------------------------------------------------------Section 6, Page 29 Home Visitor Checklist -----------------------------------------------------Section 6, Page 30 Identification & Recruitment Handbook Table of Contents, Page 4 Table of Contents Section 7: MSIS for the Home Visitor Eligibility __________________________________________________ Section 7, Page 1-5 COE Generation Report ----------------------------------------Section 7, Page 1 COE Revalidation Report --------------------------------------Section 7, Page 2 Possible Missed COE Report ----------------------------------Section 7, Page 3 Qualifying Arrival Date (QAD) Report ----------------------Section 7, Page 4 Termination Report ---------------------------------------------Section 7, Page 5 Section 8: Reference Materials Reference Materials _________________________________________ Section 8, Page 1-68 School Information ----------------------------------------------Section 8, Page 1 Home Visitor Parent Packet ----------------------------------Section 8, Page 2 Identification and Recruitment Checklist -----------------Section 8, Page 3 Identification -----------------------------------------------------Section 8, Page 4 Certificates of Eligibility (COEs) ------------------Section 8, Page 4 MSDR User Forum -----------------------------------Section 8, Page 4 Qualifying Activities & Crops ---------------------------------Section 8, Page 5 Reference Guide for Certificate of Eligibility Completion------------Section 8, Page 6 Mexico Cities and Villages-------------------------------------Section 8, Pages 7-27 Guidance: Child Eligibility under Title I, Part C of the Elementary and Secondary Act of 1965 ------Section 8, Pages 28-68 Identification & Recruitment Handbook Table of Contents, Page 5 Section 1 INTRODUCTION Identification & Recruitment Handbook Section 1: Introduction Section 1 INTRODUCTION WASHINGTON STATE MIGRANT EDUCATION PROGRAM Many migrant families move from school district to school district and from state to state. They withdraw their children from one school and enroll in another which interrupts their children’s education. Often, children will be in a district for a limited time span and will return to their homebase or move to other areas where parents seek or obtain agriculture or fishing employment. These children represent many ethnic groups and may have limited English language skills. This, combined with irregular school attendance, poverty, often inadequate nutrition, poor housing and a high incidence of health problems, leads to low overall achievement and frustration, causing many children to drop out of school in their early teens. Congress established the National Migrant Education Program in 1966 in an effort to meet the special needs of these children. This legislation authorized federal funding for a specific group of children who had limited access to traditional school systems - the children of migratory agricultural workers and fishermen. Washington State's Migrant Education Program was developed in 1967, and was designed to provide services to help educate migrant children. Migrant children may receive supplementary basic skills instruction, supportive health services, and social service referrals, etc. The Washington State Migrant Education Program works closely with other state migrant programs in an effort to provide migrant students with the best possible education and increase the number of migrant students graduating from high school. Children who qualify for the Migrant Education Program are eligible for three years from their qualifying arrival date (QAD). Identification and Recruitment Identification means determining the location and presence of migrant children. Recruitment means making contact with migrant families, explaining the Migrant Education Program (MEP), securing the necessary information to make a determination that the child is eligible for the MEP, and recording the basis of the child’s eligibility on a Certificate of Eligibility (COE). Upon successful recruitment of a migrant family, eligible children may be enrolled in the MEP. Identification & Recruitment Handbook Section 1: Introduction, Page 1 Section 1 INTRODUCTION Local I/R Responsibility State Identification and Recruitment Guidelines for Local Educational Agencies A local school or agency must comply with Federal and State I/R guidelines and standards. These guidelines are as follows: Provide ample time to conduct I/R activities must be assured. Duties other than I/R responsibilities should not be assigned to the migrant funded portion of the home visitor's time. Eligibility interviews should be held in the dominant language of the interviewee. The school district/agency must clarify to OSPI how this is to be accomplished if the home visitor does not meet this language requirement. Flexible work hours are essential including a work schedule to accommodate impaction and the parent's daily work day/shift. A home visit should be made to determine the reason for a migrant student's absence from school at least 2-3 school days from the last date attended. If this service is provided to non-migrant students with basic or other funds, then this service should also be provided to migrant students with basic or other funds. A local job description outlining I/R requirements and activities must be adopted. A sample is included in the Washington State Identification and Recruitment Handbook (Section 1, page 4). Training for any local staff members must be provided by the MSDR office prior to I/R activities taking place. LEAs will be required to demonstrate responsibility for active identification and recruitment of migrant students with a 100% COE/eligibility accuracy rate. Active I/R consists of activities that lead to the location of all-migrant families and youth residing within school district boundaries. This includes networking, advertising, searching for and recruiting students outside of the school building and in the communities wherever migrant families may reside. In the absence of meeting this requirement, OSPI will require steps for corrective action as determined in WAC 392-164-410. A migrant home visitor log or other documentation to justify I/R activities is required. Certificates of Eligibility (COE) must be completed accurately according to state and federal guidelines, and must be kept on file according to record retention requirements. Identification & Recruitment Handbook Section 1: Introduction, Page 2 Section 1 INTRODUCTION Role of the Home Visitor Migrant Education is the only federal program that requires recruitment. The home visitor has a very special job. Some reasons why this is so important are: The children of migratory workers are often invisible. They quietly come and go, and do not attract very much attention. Sometimes they attend school on their own, and sometimes they do not. If the children were not recruited, many would not be in school at all. Because the eligibility requirements are complex and are often difficult to interpret, a trained home visitor is necessary to ensure that only eligible children are enrolled in the program. Migrant families tend to be very self-sufficient. They are not accustomed to looking outside of their own family for help. Unless they are recruited into the program, many will not seek out these services. Many migrant families do not speak English in their home, and frequently there are cultural differences between the home and school. For these and other reasons, it is important that someone provide a link between the school and home. Identification & Recruitment Handbook Section 1: Introduction, Page 3 Section 1 INTRODUCTION HOME VISITOR—JOB DESCRIPTION Directly Responsible to: Federal Programs Director Identification and recruitment includes seeking out and identifying children who potentially qualify for the program, completing the paperwork necessary to establish their eligibility and enrolling them in the program. This includes gathering the information needed to enroll them into the Migrant Student Information System (MSIS). Minimum Qualifications Must be able to read, write and speak fluently in English and/or the language spoken by migrant parents, spouse and/or a student at home. Must be a high school graduate and/or possess a GED. Must be able to work with people, be patient and willing to help parents, and/or student with questions, and provide resources, etc. Must be able to travel and possess a valid Washington State Driver's License and automobile insurance. Must be able to attend regional and state in-service training. Must be flexible, in order to work evening hours when needed. Must be able to complete accurate and timely reports. Must have the ability to develop a liaison role between the home, school and community. Job Description and I/R Activities—Major Responsibilities 1. Actively identify and recruit all eligible migrant children residing in the school district from 0 through 21 years of age. This includes: surveying the area, establishing communication networks, establishing work relations with other community agency personnel, employers and social services. 2. Complete, distribute and maintain a Certificate of Eligibility according to state/federal guidelines for each eligible migrant family immediately upon arriving to the school district (regardless if students are in school or not). (The home visitor must be able to verify the family has resided within the district boundaries for a minimum of 48 hours prior to processing an MSIS enrollment). 3. Annually verify families’ most recent move information. 4. Share information on eligibility of migrant families with preschool programs as appropriate. 5. Provide assistance as a liaison between the home and school. 6. Promote activities between students, parents, educators and communities and assist schools and parents to organize an active Parent Advisory Committee (PAC). 7. Share with migrant parents and students all school services/programs available to them. This includes, instructional program, MSIS, physical exams and alternative educational programs. 8. Network with other agencies providing services to migrant students to ensure a coordinated service-delivery system. 9. Refer migrant families to appropriate health, social or legal services in order to meet the needs of the migrant student's successful participation in school. 10. Prepare documentation such as a home visitor log, which reflects major home visitor activities. 11. Prepare a list, when applicable, of migrant dropout students to be placed on file at Local Education Agency (LEA). 12. Recruit out-of-school students into educational programs. Identification & Recruitment Handbook Section 1: Introduction, Page 4 Section 1 INTRODUCTION Home Visitor Activities Percentage of Time Recommended 61% = Active Identification and Recruitment (I/R) Complete, distribute and maintain a Certificate of Eligibility according to state/federal guidelines for each eligible migrant family immediately upon their arrival in the school district (regardless of whether students are in school or not). (The home visitor must be able to verify that the family has resided within their district boundaries for a minimum of 48 hours). Share information on eligibility of migrant families with preschool programs where appropriate. Prepare a list, when applicable, of migrant dropout students to be placed on file at Local Education Agency (LEA). Recruit out-of-school students into educational programs Verify families most recent qualifying move on a yearly basis (Revalidation of existing COE) 18% = Home/School Liaison Provide assistance as a liaison between the home and school. Promote activities between students, parents, educators and communities and assist schools and parents to organize an active Parent Advisory Committee (PAC). Share with migrant parents and students all school services/programs available to them. This includes, for example, the instructional program, MSIS, PASS, physical exams and alternative educational programs. 10% = Social Services Assistance Network with other agencies providing services to migrant students to ensure a coordinated service-delivery system. Refer migrant families to appropriate health, social or legal services in order to meet the needs of the migrant student’s successful participation in school. Actively identify and recruit all eligible migrant children residing in the school district from 0 through 21 years of age. This includes, for example, surveying the area, establishing communication networks, establishing work relations with other community agency personnel, employers and social services. 10% = Documentation Prepare documentation such as a home visitor log, which reflects major home visitor activities. 1% = Other Identification and Recruitment Activities Other Identification & Recruitment Handbook Section 1: Introduction, Page 5 Section 1 INTRODUCTION Washington State Migrant Education Program The following is a brief overview of the Migrant Education Program (MEP) and the guidelines of Identification and Recruitment in Washington State. Washington State’s MEP program was developed in 1967 and began funding school districts throughout the state. General MEP Information Migrant Education Program (MEP) Funds support high quality education programs for migratory children. MEP funds help ensure that migratory children who move among the states are not penalized in any manner by disparities among states in curriculum, graduation requirements, or state academic content and student academic achievement standards. Funds also ensure that migratory children not only are provided with appropriate education services (including supportive services) that address their special needs but also that such children receive full and appropriate opportunities to meet the same challenging state academic content and student academic achievement standards that all children are expected to meet. MEP Goal It is the goal of the Migrant Education Program to ensure that all migrant students reach challenging academic standards and graduate with a high school diploma or complete a General Education Diploma (GED) that prepares them for responsible citizenship, further learning, and productive employment. Identification & Recruitment Handbook Section 1: Introduction, Page 6 Section 1 INTRODUCTION Washington State Migrant Education Program Funding The Migrant Education Program is authorized under Part C of Title I of the Elementary and Secondary Education Act of 1965, as amended. Each state is appropriated Migrant funds through the Department of Education Office of Migrant Education in Washington D.C. Federal funding is allocated on a yearly basis to the Washington State OSPI (Office of the Superintendent of Public Instruction) to fund school districts and state/regional offices within Washington State. Federal funds are allocated to the Office of Superintendent of Public Instruction (OSPI) based on per pupil expenditure for education and counts of eligible migratory children, age 3 through 21, residing within the state. OSPI authorizes the sub-grants to local education agencies (school districts), institutions of higher education, and other public and nonprofit agencies. Types of Services Funds are used to identify eligible children and provide education and support services. Services to migrant children and their families may include: Supplemental academic programs to assist in the achievement of state academic standards. Instructional training Health programs Preschool programs (readiness, transitioning to elementary education) Family home visiting and academic counseling services Parental involvement Migrant student data collection Student leadership opportunities Summer schools programs Secondary credit accrual and exchange Grants for supplemental secondary services, dropout prevention and retrieval, and alternative education programs Identification & Recruitment Handbook Section 1: Introduction, Page 7 Section 1 INTRODUCTION Washington State Migrant Education Program MEP Office Location Washington State MEP is comprised of field offices throughout the state that assist and train migrant funded districts with carrying out educational and health services to migrant families. Migrant Education State/Regional offices are located throughout Washington State. A Health component is located in Lake Chelan that provides health services statewide for eligible migrant students. Identification & Recruitment Handbook Section 1: Introduction, Page 8 Section 1 INTRODUCTION Organizational Chart- WA MEP Office of Superintendent of Public Instruction State Migrant Program Director State Migrant Program Supervisor Migrant Student Data and Recruitment Director Secondary Education for Migrant Youth Director State Migrant Program Supervisor Migrant Health Education Program Supervisor Migrant Educational Regional Office Directors School District Program Directors Identification & Recruitment Handbook Section 1: Introduction, Page 9 Section 1 INTRODUCTION Organizational Structure Description FUNCTION Obtain and allocate Federal Title I, Part C funding; monitor compliance with State and Federal policies and regulations; encourage Legislative action to meet needs of migrant families in Washington; Administration staff serve as official secretary to the SAC and receives input, which may directly affect decisions regarding the planning, implementation and evaluation of the MEP. Recruit and identify families qualifying for migrant services. State migrant records management. Professional development. Coordinate provision of health benefits to migrant families in accordance with State and Federal laws and regulations. Academic program planning; assistance in developing migrant funding proposals; professional development; facilitation of parental involvement of migrant families in their children's schools. Additionally they serve as liaisons between parents, programs and school districts. Focus on secondary schools, including program planning, professional development, student leadership development, and high school credit accrual retrieval. Identification & Recruitment Handbook OFFICE(S) SPECIAL SERVICES OSPI Special Programs Migrant and Bilingual Education Helen Malagon Director, Migrant and Bilingual Programs Coordination of state program services. Sylvia Reyna, Program Supervisor Lupe Ledesma, Program Supervisor (360) 725-6147, Olympia State Identification and Recruitment activities. Funding data. Statistical reports. Migrant Student Information System (MSIS) database of education and health records. Migrant Student Data and Recruitment (MSDR) Lionel "Lee" Campos, Director (509) 837-2712, Sunnyside Migrant Education Health Program Schedules health and dental care exams for migrant children statewide. Mike Taylor, Supervisor (509) 682-0373, Chelan Migrant Education Regional Offices (MEROs) • Mary Kernel, Director MERO 189 (360) 299-4047, Anacortes Annual migrant student career fair (north central region of State). Space Camp • Ismael Vivanco, Director NCESD 171 (509) 665-2616, Wenatchee • Thomas Romero, Director ESD 105 (509) 454-2854, Yakima Office of Secondary Education for Migrant Youth (SEMY) Linda Roberts, Director (509) 836-7500, Sunnyside Portable Assisted Study Sequence (PASS) Program. State and local student leadership development conferences and activities. Clearinghouse of success strategies. Section 1: Introduction, Page 10 Section 1 INTRODUCTION Migrant Education Program Contact Information Office of Superintendent of Public Instruction Migrant and Bilingual Education Helen Malagon, Director P.O. Box 47200, Olympia, WA 98504-7200 (360) 725-6147 Migrant Student Data and Recruitment Office Lionel G. Campos, Director 810-B East Custer Avenue, Sunnyside, WA 98944 (509) 837-2712 / (800) 274-6084 Office of Secondary Education for Migrant Youth (SEMY) Linda Roberts, Director 810-A East Custer Avenue, Sunnyside, WA 98944 (509) 836-7500 / (888) 727-7123 Migrant Education Regional Office-ESD 105 Thomas Romero, Director 33 S Second Avenue, Yakima, WA 98902 (509) 575-2885 Migrant Education Regional Office-ESD 171 Ismael Vivanco, Director PO Box 1847, Wenatchee, WA 98807 (509) 665-2615 Migrant Education Regional Office-NW ESD 189 Mary Kernel, Director 1601 R Avenue, Anacortes, WA 98221 (360) 299-4048 Migrant Health Program Mike Taylor, Director PO Box 1847 Wenatchee, WA 98807 (509) 667-3636 Identification & Recruitment Handbook Section 1: Introduction, Page 11 Section 1 INTRODUCTION Washington State Migrant Education Program MEP Project/Non Project School Districts SY 2010-2011 Identification & Recruitment Handbook Section 1: Introduction, Page 12 Section 1 INTRODUCTION Who is a Migrant Student? “Migratory child means a child – (1) Who is a migratory agricultural worker or a migratory fisher; or (2) Who, in the preceding 36 months, in order to accompany or join a parent, spouse, or guardian who is a migratory agricultural worker or a migratory fisher (i) Has moved from one school district to another * ; *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 square miles. “Definition taken from Federal Register dated August 28, 2008” What is Identification and Recruitment (I/R)? Identification means determining the location and presence of migrant children. Recruitment means making contact with migrant families, explaining the Migrant Education Program (MEP), securing the necessary information to make a determination that the child is eligible for the MEP, and recording the basis of the child’s eligibility on a Certificate of Eligibility (COE). Upon successful recruitment of a migrant family, eligible children may be enrolled in the MEP. Identification & Recruitment Handbook Section 1: Introduction, Page 13 Section 1 INTRODUCTION Sample Eligibility Questions Eligibility Questions that may assist the migrant home visitor in determining the eligibility of a migrant child. When did YOU OR YOUR FAMILY MOVE into this area? Purpose: Verify family has made a move within the last 3 years. Where did you move from? Purpose: Verify that school district boundaries were crossed. What was the reason your family moved to this area? Purpose: Verify one of the reasons was for employment. What type of work did you come looking for? Purpose: Verify qualifying employment was either sought or obtained. Family May Qualify; Continue with Interview. Identification & Recruitment Handbook Section 1: Introduction, Page 14 Section 1 INTRODUCTION USDA Food and Nutrition Service MEP/LEA Memo Page 1 Identification & Recruitment Handbook Section 1: Introduction, Page 15 Section 1 INTRODUCTION USDA Food and Nutrition Service MEP/LEA Memo Page 2 Identification & Recruitment Handbook Section 1: Introduction, Page 16 Section 1 INTRODUCTION USDA Food and Nutrition Service - Attachment 3 Identification & Recruitment Handbook Section 1: Introduction, Page 17 Section 1 INTRODUCTION USDA Food and Nutrition Service - Attachment 3, Page 2 Identification & Recruitment Handbook Section 1: Introduction, Page 18 Section 2 Identification & Recruitment Handbook ELIGIBILITY CRITERIA Section 2: Eligibility Criteria Section 2 ELIGIBILITY CRITERIA Federal Definitions Child Eligibility: Children are eligible to receive Migrant Education Program (MEP) services if they meet the definition of “migratory child” and if the basis for their eligibility is properly recorded on a certificate of eligibility (COE). Determining whether a child meets this definition is often difficult and depends on a home visitor’s assessment of information presented by a parent or other family member, guardian, or other individual responsible for the child, or by the child if the child is a migratory agricultural worker who is eligible for the MEP services in his or her own right. Federal Register-Part IV – Department of Education; 34 CFR Part 200, Improving the Academic Achievement of the Disadvantaged; Migrant Education Program; Final Rule. Effective August 28, 2008. SEC. 200.81 MIGRANT EDUCATION PROGRAM DEFINITIONS What is the definition of “migratory child"? According to sections 1115(b)(1)(A) (incorporated into the MEP program by virtue of sections 1304(c)(2)) and 1309(2) of the statute and §§ 200.81(e) and 200.103(a) of the regulations, a child is a “migratory child” and is eligible for MEP services if all of the following conditions are met: 1. The child is not older than 21 years of age; and 2. The child is entitled to a free public education (through grade 12) under State law or is below the age of compulsory school attendance; and 3. The child is a migratory agricultural worker or a migratory fisher, or the child has a parent, spouse, or guardian who is a migratory agricultural worker or a migratory fisher; and 4. The child moved within the preceding 36 months in order to seek or obtain qualifying work, or to accompany or join the migratory agricultural worker or migratory fisher identified in paragraph 3, above, in order to seek or obtain qualifying work; and 5. With regard to the move identified in paragraph 4, above, the child: a. Has moved from one school district to another*; or b. In a State that is comprised of a single school district, has moved from one administrative area to another within such district. *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 square miles. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 1 Section 2 ELIGIBILITY CRITERIA Federal Definitions Who is a “migratory agricultural worker”? According to § 200.81(d) of the regulations, a “migratory agricultural worker” is a person who, in the preceding 36 months, has moved from one school district to another, or, in a State that is comprised of a single school district, from one administrative area to another, in order to obtain temporary employment or seasonal employment in agricultural work (including dairy work). Agricultural Work What is the definition of “agricultural work” for purposes of the MEP? “Agricultural work” is 1. the production or initial processing of crops, dairy products, poultry, or livestock; as well as the cultivation or harvesting of trees, that is— 2. performed for wages or personal subsistence. Who is a “migratory fisher”? According to § 200.81(f) of the regulations, a “migratory fisher” is a person who, in the preceding 36 months, has moved from one school district to another, or, in a State that is comprised of a single school district, from one administrative area to another, in order to obtain temporary employment or seasonal employment in fishing work. Fishing Work What is the definition of “fishing work” for purposes of the MEP? “Fishing work” is: 1. the catching or initial processing of fish or shellfish; as well as the raising or harvesting of fish or shellfish at fish farms, that is— 2. performed for wages or personal subsistence. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 2 Section 2 ELIGIBILITY CRITERIA Federal Definitions Move or Moved means a change from one residence to another residence that occurs due to economic necessity. In order to obtain, when used to describe why a worker moved, means that one of the purposes of the move is to seek or obtain qualifying work. (1) If a worker states that a purpose of the move was to seek any type of employment, i.e., the worker moved with no specific intent to find work in a particular job, the worker is deemed to have moved with a purpose of obtaining qualifying work if the worker obtains qualifying work soon after the move. (2) Notwithstanding the introductory text of this paragraph, a worker who did not obtain qualifying work soon after a move may be considered to have moved in order to obtain qualifying work only if the worker states that at least one purpose of the move was specifically to seek the qualifying work, and-(i) The worker is found to have a prior history of moves to obtain qualifying work; or (ii) There is other credible evidence that the worker actively sought qualifying work soon after the move but, for reasons beyond the worker's control, the work was not available. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 3 Section 2 ELIGIBILITY CRITERIA Federal Definitions Move/Moved continued Scenario 1: to obtain qualifying work and the worker obtained qualifying work; Scenario 2: to obtain any employment, and the worker obtained qualifying work soon after the move; Scenario 3: to specifically seek qualifying work, but the worker did not obtain the work. Prior history of moves to obtain qualifying work, or Other credible evidence [Used in the definitions of Migratory Agricultural Worker, Migratory Fisher, and Qualifying Work.] IN ORDER TO OBTAIN One purpose of the move was to seek or obtain qualifying work To obtain qualifying work and obtained qualifying work OR To obtain ANY employment and obtained qualifying work, soon after the move OR SPECIFICALLY to obtain qualifying work, but did not obtain the work soon after the move and However Specifically Non-Qualifying Work (cook, janitor, mechanic) Identification & Recruitment Handbook ANY employment PRIOR history to obtain Qualifying Work OR Other credible evidence that worker sought the work Section 2: Eligibility Criteria, Page 4 Section 2 ELIGIBILITY CRITERIA Federal Definitions Qualifying Work means temporary employment or seasonal employment in agricultural work or fishing work. Seasonal Employment means employment that occurs only during a certain period of the year because of the cycles of nature and that, by its nature, may not be continuous or carried on throughout the year. Temporary Employment means employment that lasts for a limited period of time, usually a few months, but no longer than 12 months. It typically includes employment where the employer states that the worker was hired for a limited time frame; the worker states that the worker does not intend to remain in that employment indefinitely; or the SEA has determined on some other reasonable basis that the employment is temporary. a. Employer Statement - The employer states that the worker was hired for a limited time frame, not to exceed 12 months; b. Worker Statement - The worker states that he or she does not intend to remain in that employment indefinitely (i.e., the worker’s employment will not last longer than 12 months) Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 5 Section 2 ELIGIBILITY CRITERIA Federal Definitions Change of Residence What is the definition of a “residence”? For the purposes of the MEP, the Department considers a “residence” to be a place where one lives and not just visits. In certain circumstances, boats, vehicles, tents, trailers, etc., may serve as a residence. What does it mean to “change from one residence to another residence”? The Department considers this to mean leaving the place where one currently lives and going to a new place to live, and not just to visit. For example, the Department believes that, generally, a person who goes to a new place to seek or obtain work, or because the person cannot afford to stay in his or her current location, is leaving the place where he or she currently lives and is going to a new place to live--and thus, has “changed from one residence to another residence” (or “changed residence”). Similarly, the Department believes that a person who goes to a new place to help sick or elderly family members on an extended basis is living with those family members, and thus might meet the MEP’s change of residence requirement if the person makes a return move to obtain qualifying work. Thus, a person who leaves, on a short-term basis, the place where he or she lives to, for example, (1) visit family or friends, (2) attend a wedding or other event, (3) take a vacation, (4) have an educational or recreational experience, or (5) take care of a legal matter, would not have “changed residence” because the person did not go to the new place to live, but rather to visit. Similarly, this person would not have “changed residence” upon returning home from one of these visits. Note that, in these examples, the person also has not “moved” within the meaning of § 200.81(g) of the regulations since the move was not made “due to economic necessity.” The Department strongly recommends that the recruiter document on the COE his or her reason(s) for concluding that a person “changed residence” if it appears that an independent reviewer might question that a change of residence occurred. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 6 Section 2 ELIGIBILITY CRITERIA Federal Definitions What does it mean to move “due to economic necessity”? The Department considers this to mean that the worker moved either because he or she could not afford to stay in the current location, or went to a new location in order to earn a living. In general, the Department believes that if the worker’s move is related to work, e.g., a move to seek or obtain work, a move because of the loss of work, or a move because of the unavailability of work, the worker moved “due to economic necessity.” However, with respect to a move that is of such short duration (e.g., less than a week) that an independent reviewer might question whether the move was really “due to economic necessity,” the Department strongly recommends that each SEA establish a statewide written policy for determining and documenting whether and why these moves do and do not qualify for the MEP. The Department also recommends that recruiters provide a comment on the COE if there appears to be any other reason that an independent reviewer would question whether a worker changed residence “due to economic necessity.” Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 7 Section 2 ELIGIBILITY CRITERIA Federal Definitions “In order to obtain” What is the definition of the phrase “in order to obtain”? Under § 200.81(c) of the regulations, the phrase “in order to obtain,” when used to describe why a worker moved, means that one of the purposes of the move is to seek or obtain qualifying work. This does not have to be the only purpose, or even the principal purpose of the move, but it must be one of the purposes of the move. “personal subsistence” What is the definition of “Personal subsistence”? Personal subsistence means that the worker and the worker's family, as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch. “out-of-school youth” What is the definition of “out-of-school youth”? For the purposes of the MEP, the Department considers the term “out-of-school youth” to mean youth up through age 21 who are entitled to a free public education in the State and who meet the definition of “migratory child,” but who are not currently enrolled in a K-12 school. This could include students who have dropped out of school, youth who are working on a general education development credential (GED) outside of a K-12 school, and youth who are “here-to-work” only. It would not include children in preschool. Out-of-school youth who meet the definition of a “migratory child” as well as all other MEP eligibility criteria are eligible for the MEP. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 8 Section 2 ELIGIBILITY CRITERIA Federal Definitions “emancipated youth” What is the definition of “emancipated youth”? The Department considers emancipated youth to be children under the age of majority (in accordance with State law) who are no longer under the control of a parent or guardian and who are solely responsible for their own welfare. In order to be eligible for the MEP these youth may not be older than 21 years of age. “Guardian” What is the definition of “Guardian”? The Department considers a guardian is any person who stands in the place of a parent to a child (in “loco parentis”) whether by accepting responsibility for the child’s welfare or by a court order and is responsible for the child’s welfare, a legal document establishing the relationship is not necessary. Although the definition of “migratory child” does not mention the move of a guardian as a basis for eligibility, MEP defines “parent” to include a legal guardian or other person standing in “loco parentis.” In addition, the regulations include that a child’s eligibility may be based on the move of a guardian. If the working sibling acknowledges responsibility for the children’s welfare and stands in place of a parent, the children may be eligible based on the sibling’s qualifying employment and qualifying move. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 9 Section 2 ELIGIBILITY CRITERIA Federal Definitions Spouse Eligibility Is a marriage certificate or other legal document necessary to establish a spousal relationship when MEP eligibility is based on a spouse’s status as a migrant worker? No. Under circumstances where eligibility is based on a spouse’s status as a migrant worker, recruiters need only be satisfied that a spousal relationship exists. Qualifying Move A qualifying move: 1. Is across school district boundaries*; and 2. Is a change from one residence to another residence; and 3. Is made due to economic necessity; and 4. Is made in order to obtain qualifying work; and 5. Occurred in the preceding 36 months. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 10 Section 2 ELIGIBILITY CRITERIA Federal Definitions Qualifying Move Is there a minimum duration for a qualifying move? Yes. The move must be sufficiently long to establish that the qualifying work is a principal means of livelihood and to establish residency. In cases where the worker sought but did not obtain qualifying work, the recruiter should document why he or she believes the work would have been a principal means of livelihood. Is a worker who travels back and forth between his residence and his agricultural or fishing job within the same day engaged in a qualifying move? No. Such worker is a “day haul” worker and his travel is a commute, not a migration. This type of travel is not considered a qualifying move and children who perform this type of work or accompany a parent, spouse, or guardian under these circumstances do not qualify for the MEP based on these trips. May an LEA base a child’s eligibility on a qualifying move that occurred in another State within the past 36 months? Yes. The recruiter must record the date on which the qualifying move occurred and other information that establishes the child’s eligibility for the MEP. The child is eligible for the MEP for the remained of the 36-month period. How does a recruiter determine whether a worker moved with the intent to seek or obtain qualifying work? A recruiter must use sound and reasonable judgment to determine whether the particular facts and circumstances support a determination that the worker moved with this intent. In certain situations, the recruiter should provide additional comments on the COE to explain his or her rationale. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 11 Section 2 ELIGIBILITY CRITERIA Federal Definitions Qualifying Move Should a home visitor always determine the intent of a worker’s move? Yes. A move only qualifies if it is made “in order to obtain (or seek) temporary or seasonal employment in agricultural or fishing work.” The only way to determine whether this was the reason for the move is to determine the worker’s intent. Should a home visitor ask a worker about the intent of his or her move if the worker is engaged in qualifying work? Yes. The fact that a worker moved and is engaged in qualifying work is not a presumption that the worker moved with the intent to obtain that work. Recruiters should always ask workers engaged in qualifying work whether they moved with the intent to seek or obtain that work. What if the worker asserts more than one reason for moving to a particular school district? A worker who asserts more than one reason for moving made a qualifying move if the recruiter determines that the primary purpose for the worker’s move was to seek or obtain qualifying work. The recruiter should clearly document in the comment section of the COE the basis for his or her determination. If a worker moves months in advance before work is available in order to secure housing, does the move qualify? The more time that passes between the worker’s move and attempts to secure employment, the more difficult it is to establish that the primary purpose of the move was to seek or obtain qualifying work. Any move that occurs well before work is reasonably expected to be available is questionable. The recruiter must use his or her professional judgment to determine, based on credible evidence, if the particular move qualifies. The recruiter should record in the comment section of the COE the reasons for the eligibility determination. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 12 Section 2 ELIGIBILITY CRITERIA Basic Eligibility for the Migrant Education Program (MEP) The objective of the Migrant Education Program eligibility guidelines is to streamline a smooth coherent process, which at the end result is to identify and enroll eligible migrant students into our educational system. Migrant Education Eligibility Factors The Migrant Education Eligibility Factors that determine eligibility are as follows: AGE: The child must be younger than 22 years in order to qualify for the MEP. SCHOOL COMPLETION: The child is eligible for a free public education (no HS diploma or GED). That is the child cannot have completed a high school education or received a GED to be eligible for the MEP. Age School Completion *Move MOVE: The child and worker “moved.” That is the child and the worker had to have moved across a school district boundary and establish residency in order to qualify for the MEP. IN ORDER TO OBTAIN: One purpose of the worker’s move was to seek or obtain “qualifying work.” QUALIFYING WORK: Temporary or seasonal employment in agricultural or fishing work. Identification & Recruitment Handbook *In Order To Obtain *Qualifying Work Section 2: Eligibility Criteria, Page 13 Section 2 ELIGIBILITY CRITERIA Basic Eligibility for the Migrant Education Program (MEP) Move The following needs to take place in order for a migrant “move” to qualify: The child had to have “moved” with or to join the worker, or on own as worker, AND The child had to have “moved” from one school district to another, AND The child had to have made a change of residence, AND The “move” must have been made for economic necessity, AND The “move” must have taken place within the past 36 months. Note, all criteria must occur in order for a qualifying “move” to take place. Qualifying Work Qualifying work is seasonal or temporary employment in either fishing or agricultural industry for economic necessity or for personal subsistence. Qualifying Work is… *Seasonal Employment OR *Fishing Work AND *Temporary Employment Identification & Recruitment Handbook OR *Agricultural Work For Wages AND OR For Personal Subsistence Section 2: Eligibility Criteria, Page 14 Section 2 ELIGIBILITY CRITERIA Basic Eligibility for the Migrant Education Program (MEP) Seasonal Employment Seasonal employment only occurs during a specific part of the year because of the cycles of nature. Seasonal employment cannot be continuous or carried on throughout the year. Temporary Employment Temporary employment can be identified under 2 criteria’s: 1. Employer’s Statement: A temporary employer’s statement indicating the parameters of time of employment. 2. Worker’s Statement: A worker’s statement is when he/she states they will be employed for a certain period of time. For example: January-March or 4 months. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 15 Section 2 ELIGIBILITY CRITERIA Basic Eligibility for the Migrant Education Program (MEP) Temporary Employment-continued Indefinitely does not equal less than 12 months When conducting an interview, and the worker states, “that he/she is unaware of the time frame they will be employed; where the temporary employment can last for a few months or perhaps over a year, the time frame of temporary employment is “indefinite” then a home visitor should not complete a COE. Less than 12 months Indefinitely Agricultural Work Crops Production or Initial Processing Dairy products OR Cultivation or Harvesting Trees Poultry Livestock Agricultural Work is production or initial processing of: Crops Dairy Products Poultry Livestock Or Cultivation or harvesting of Trees Fishing Work Fishing Work is catching or initial processing of: Fish Shellfish Or Raising or harvesting at fish farms. Fish Shellfish Identification & Recruitment Handbook Catching or Initial Processing Fish Shellfish OR Raising or Harvesting at fish farms Fish Shellfish Section 2: Eligibility Criteria, Page 16 Section 2 ELIGIBILITY CRITERIA Basic Eligibility for the Migrant Education Program (MEP) Sample Eligibility Questions When did YOU OR YOUR FAMILY MOVE into this area? Purpose: Verify family has made a move within the last 3 years. Where did you move from? Purpose: Verify that school district boundaries were crossed. What was the reason your family moved to this area? Purpose: Verify one of the reasons was for employment. What type of work did you come looking for? Purpose: Verify qualifying employment was either sought or obtained. Family May Qualify; Continue with Interview. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 17 Section 2 ELIGIBILITY CRITERIA Basic Eligibility for the Migrant Education Program (MEP) ELIGIBILITY REVIEW EXERCISE-1 Use the words at right to fill out the missing meanings of the Federal Register . Migratory child means a child-(1) Who is a migratory worker or a migratory fisher; or (2) Who, in the preceding 36 months, in order to accompany or join a parent, spouse, or guardian who is a migratory agricultural worker or a migratory fisher-(i) Has moved from one school district to another; (ii) In a State that is comprised of a single school district, has moved from one administrative area to another within such district; or (iii) As the child of a migratory fisher, resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence. 36 Agricultural Fishing Migratory agricultural worker means a who, in the preceding has moved from one school district to another, or from one administrative area to another within a State that is comprised of a single school district, in order to obtain employment or seasonal employment in agricultural work, including dairy work. Agricultural means the production or initial processing of crops, dairy products, poultry, or livestock, as well as the cultivation or harvesting of trees. It consists of work performed for wages or personal subsistence. Migratory fisher means a person who, in the preceding 36 months, has moved from one to another, or from one administrative area to another within a State that is comprised of a single school district, in order to obtain temporary employment or seasonal employment in work. This definition also includes a person who, in the preceding 36 months, resided in a school district of more than 15,000 square miles and moved, as defined in paragraph (g), a distance of 20 miles or more to a temporary residence in order to temporary employment or seasonal employment in fishing work. Obtain Person School District Subsistence Temporary Fishing work means the catching or initial processing of fish or shellfish or the raising or harvesting of fish or shellfish at fish farms. It consists of work performed for wages or personal . Work Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 18 Section 2 ELIGIBILITY CRITERIA Basic Eligibility for the Migrant Education Program (MEP) ELIGIBILITY REVIEW EXERCISE-2 Use the words at right to fill out the missing meanings of the Federal Register . Move or Moved means a change from one residence to another that occurs due to economic . In order to obtain when used to describe why a worker moved, means that one of the purposes of the move is to seek or obtain qualifying work. (1) If a worker states that a purpose of the move was to seek any type of , i.e., the worker moved with no specific intent to find work in a particular job, the worker is deemed to have moved with a purpose of obtaining work if the worker obtains qualifying work soon after the move. (2) Notwithstanding the introductory text of this paragraph, a worker who did not obtain qualifying work soon after a move may be considered to have moved in order to obtain qualifying work only if the worker states that at least one purpose of the move was specifically to seek the qualifying work and-(i) The worker is found to have a prior of moves to obtain qualifying work or; (ii) There is other credible evidence that the worker actively sought qualifying work soon after the move, but for reasons beyond the worker’s control, the work was not available. 12 months History Employment Family Qualifying work means temporary employment or seasonal employment in agricultural work or fishing work. Necessity Seasonal employment means employment that occurs only during a certain of the year because of the cycles of not be continuous or carried on throughout the year. and that, by its nature, may Period Temporary Employment means employment that lasts for a limited period of time, usually a few months, but no longer than . It typically includes employment where the employer states that the worker was hired for a limited time frame; the worker states that the worker does not intend to remain in that employment indefinitely; or the SEA has determined on some other reasonable basis that the employment is temporary. The definition includes employment that is constant and available year-round only if, within 18 months after the effective date of this regulation and at least once every three years thereafter, the SEA documents that, given the nature of the work, of those workers whose children were previously determined to be eligible based on the State's prior determination of the temporary nature of such employment (or the children themselves if they are the workers), virtually no remained employed by the same employer more than 12 months. Qualifying Nature Workers Personal subsistence means that the worker and the worker’s as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch. Identification & Recruitment Handbook Section 2: Eligibility Criteria, Page 19 Section 3 INTERVIEWING MIGRANT FAMILIES 1) When interviewing migrant families, arrive on time. 2) Greet migrant parents and identify yourself when conducting a home visit. 3) Remember 61% of your home visitor time should be ―active‖ identification and recruitment. 4) Have a list of resources within the community available for families. 5) Make sure there is plenty of time between home visits, don’t rush the interview. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families Section 3 INTERVIEWING MIGRANT FAMILIES Conducting a Successful Interview The Interview The interview is the most important tool a home visitor must use when interviewing families/workers and making eligibility determinations for the MEP. It is not required for the families/workers to present any written proof of the information they provide verbally, therefore, the home visitor must rely on his/her interviewing skills to guarantee that the information obtained is accurate and reliable. Respecting the fact that each home visitor has his/her own style of interviewing families, the information included in this section may be taken as guidance with recommendations and “tips.” Interviewing Techniques 1. Self-introduction: district affiliate. 2. Identify yourself as a school Explain why you’re making the home visit. Examples: a) I understand you are new to the area. b) The school told me that your children have recently registered. 3. Develop rapport with the family/worker. Through general conversation, eligibility questions can be answered and eligibility can be determined. 4. Determine eligibility: If the family is eligible, inform them. If not, explain why and refer them to any applicable programs/agencies. 5. Complete a COE: Explain to the family that the COE is confidential and is required for enrollment in the MEP. 6. Provide MEP specifics: Explain the services and available referrals. Interviewing a migrant family When interviewing a migrant family, take the following into consideration. How: When: Where: Interview your families in person. As soon as you are able to and at family’s convenience. The interview should take place at the family’s home when possible. Also, during school conferences, family nights and student registration. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 1 Section 3 INTERVIEWING MIGRANT FAMILIES Conducting a Successful Interview Tips to Consider Take safety precautions from the beginning. Keep your keys accessible. Carry your keys in your pocket or hand. Don't carry a purse if you can avoid it. Lock it in the trunk of your car before you start your trip, not after you arrive at your destination. Anticipate that the unexpected may happen and create a tentative plan of action. Smile. Greet the family with a genuine and friendly smile. Smiles naturally put people at ease. Be yourself with the family. Let them know you are someone who cares and is there for support. Talk to them with respect and courtesy. Never, ever talk down to them. People can tell if you are sincere and will respond accordingly. Let them know you are there in the interest of their child. Always thank the parents for their time meeting with you whether at home or another location. When you arrive for your first visit, introduce yourself and present your credentials. Explain briefly the program's purpose and definitions. It is advisable that you not spend a lot of time explaining the program and building a parent's expectations to a high level until you determine if they qualify for the program. Once you have established that the children qualify for the program, then explain it in detail. If you have give away freebies like (rulers, pencils, resource packets, etc.,) at the beginning of the visit can ease any anxiety they may have. Make sure that the resource packet contains general information, which can apply to any family and therefore is not specifically singling them out. Talk to the children in the home. It helps the parents feel more comfortable. In some cultures, the family feels obligated to offer you food or a drink, even if it’s a glass of water. You must understand enough about these situations so that you do not refuse what is offered, even if you are not thirsty. Be cautious sharing personal information about yourself or your family. Talk to them about their home and/or family. If they have something noteworthy about their lives, comment on that or discuss (let them discuss) what is immediately and obviously important to them. Listen to what they have to say. Begin with asking generic information about their child or children. This will capture interest and put them at ease as you reach specifics and lead into COE questions. After obtaining all the COE information, review the information with the family to ensure it has been correctly entered. Leave your program's phone contact you or the advocate. Identification & Recruitment Handbook number and address information in order for them to Section 3: Interviewing Migrant Families, Page 2 Section 3 INTERVIEWING MIGRANT FAMILIES Conducting a Successful Interview Tips to Consider During the course of a parent interview, there are a few "yellow flags" which should alert the home visitor of the need to ask additional probing questions related to the family's eligibility. These "yellow flags" do not automatically mean that a family is not eligible, but rather that additional clarifying questions need to be asked before deciding whether the family is eligible. Further information may be necessary to establish eligibility. It is the responsibility of the home visitor to identify and gather the additional information to provide the necessary comments regarding the eligibility decision. A few of the "yellow flags" that may be helpful in all interviews are: First agricultural or fishing move in work history—The family has not done agricultural or fishing work before. Households where members have non-agricultural/fishing occupations –Members of the household have other types of employment; non-agricultural or fishing. Intent moves, especially off-season (work sought but not obtained) – The intent of the move is to look for work, which is not obtained, or the work is not performed at the same time as the move. short term short distance move –The move is Very move and/or for a short period of time or over a short distance. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 3 Section 3 INTERVIEWING MIGRANT FAMILIES Conducting a Successful Interview Tips to Consider key questions may help clarify the eligibility status of a family. Would you have moved here if you knew there would not have been any agricultural or fishing employment available? What type of work have you done in the past? What type of work were you seeking when you came here? How do you plan to support your family? Does this agricultural or fishing work play an important part in supporting your family? Sometimes asking Assumptions and Judgments ASSUMPTIONS FACTS Every child in a family qualifies for the MEP. There are times when one or more children in a family may not be eligible for the MEP. For example, a child may be born after the family made the qualifying move or an older child may already have completed high school. The children moved with the worker. In some cases, a worker may move alone, leaving the children with a spouse or grandparent. In these cases, the children are not eligible for the MEP because they did not move. Also, it is possible some of the children moved and others did not. All workers at a particular job-site qualify. Some sites have both permanent and temporary or seasonal jobs. The home visitor should make sure that the job the worker sought is temporary or seasonal. All Latino immigrants are migrants. There are many Latino immigrants who do not meet the eligibility requirement for the MEP. If the family’s most recent move wasn’t to find qualifying employment, they don’t qualify. Identification & Recruitment Handbook Migrant families may qualify for the MEP based on any qualifying move they made during the preceding 36 months. The qualifying move doesn’t have to be their most recent move. Section 3: Interviewing Migrant Families, Page 4 Section 3 INTERVIEWING MIGRANT FAMILIES Conducting a Successful Interview Leading Questions The home visitor should not ask leading questions. Examples are as follows. Do Not Ask Leading Questions You moved here to work in agriculture right? Instead Ask Why did you move here? Did you move to obtain any type of agricultural work? What kind of work were you looking for? How did you know this type of work was available? You have moved recently, haven’t you? Say, within the past 3 years? Has anyone in your family moved recently? When did they move? You know we have a great summer program for children who have moved. I’ll bet your kids have moved in the last few years, haven’t they? How long has your family been living in (name of current home town)? Did you ever travel anywhere else? Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 5 Section 3 INTERVIEWING MIGRANT FAMILIES Conducting a Successful Interview Recruiting Tips 1) Starting Early – Recruiting early before 6) the school year begins is important. The home visitor can be at the school for the first few days to sign up families as they bring their children to school. 2) 3) 4) 7) - A packet of information for newly-arrived families is useful, including emergency phone numbers, directories of social service agencies, schools, churches, businesses, etc. This information may be gathered in a folder. Distribute the packets to new families as they arrive in town. Take School Officials on Home Visits - The federal programs director, the 8) Business Cards – Have some business cards printed up with the home visitor’s name, title, address, and phone number on them. Staple them to brochures, posters or flyers to advertise the program. 9) Give – Always – Have something to give to the parents or to the children that will be useful to them. It helps break the ice and the family feels that they have gained by your visit. Give-always could include pencils, pens, calendars, brochures, key chains, etc. 10) Door Knob Messages – While you were out messages are available through the MSDR office. These signs are good to use when the family is not home. Check the appropriate message on forms and leave it on their door to let them know that you were there. Visit With an Experienced Home Visitor – A new home visitor may wish to ask an experienced home visitor in the area if he/she could accompany him or her on some home visits. After a few visits, ask if you could do a parent interview. Name Badge – The home visitor should wear a name badge prominently displayed when going on home visits. Try to include the migrant logo on the name badge. It identifies the program to the parents, and the name badge reminds the parents on your association with the migrant education program. Welcome Wagon Approach superintendent, principals and other may be invited to accompany the home visitor on a home visit occasionally. This will help them understand the Home Visitor role and may help break down barriers. 5) Set up a table at schools that have preregistration before school starts, and have all parents pass by your station to be screened for eligibility. Those who qualify should be signed up on the spot. Other migrant personnel could be trained to help in other schools if families pre-register on the same day. Student Handbook – As part of the reference materials, a copy of the student handbook from all of the schools in the areas can be collected. It is a good idea to become familiar with the school policies for attendance, discipline and graduation requirements and grading periods. Recruit at School Registration – 11) Previous COE On Home Visits – When visiting families take their previous COE and compare it with the new COE information. Specifically, compare the qualifying arrival dates and the children’s information. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 6 Section 3 INTERVIEWING MIGRANT FAMILIES Sample Door Knob Message Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 7 Section 3 INTERVIEWING MIGRANT FAMILIES Home Visitor Ethics Guidelines The following information has been extracted from OME Handbook. Note: For Washington State MEP the word “Recruiter” has been changed to “Home Visitor”. The Home Visitor Instinct Some experienced home visitors have said, “It only takes me about two minutes into the interview to tell if a child is eligible for the migrant program!” Can a home visitor truly develop an instinct or intuition for who is eligible and who is not? There are specific situations and places in which the new home visitor may begin to develop intuition. For example, in many parts of “receiving states,” migrant families tend to live in particular housing units within the community (e.g., apartments in farming communities that offer short-term leases). Certain farms are more likely to employ migrant help. The home visitor can gather clues about eligibility from the way people answer questions, or from visual clues (e.g., a person who lives in a mansion or drives a brand new luxury car is not likely to be eligible for the MEP). Over time, most workers develop a sense about their jobs, and the home visitor is no different. The new home visitor could use intuition as a guide on the most productive places to recruit, as well as when to probe deeper, look for more evidence, find another source, or ask a question a second time. However, when making a preliminary eligibility determination, the decision must be based on facts and evidence, not simply on “gut-feelings,” because that may not result in making a reliable determination. If the same experienced home visitor who can make quick determinations was asked, “How long did you have to recruit before you could tell which families were eligible in two minutes,” the answer would likely be “Years!” Lessons Learned: Eligibility When making preliminary eligibility determinations, there are several areas where problems often arise. The home visitor should watch out for these problem areas. Warning Signs: At the time of an interview, there may be certain warning signs or “yellow flags” that alert the home visitor that a child or youth may not be eligible for the MEP. In these cases, the home visitor would need to ask additional questions. The home visitor should note that the presence of these “yellow flags” would not automatically disqualify a child from being eligible for the MEP, but instead indicate that the home visitor needs to ask additional questions and, after concluding the interview, perhaps discuss the situation with others. Listed below are a few examples of warning signs that should prompt the home visitor to follow up: First agricultural or fishing move – the family has not performed agricultural or fishing work before. Moves to urban or non-traditional migrant areas – the family moves to an area where migrant work is not generally found. Households where some members have non-agricultural/fishing occupations – some members of the household are employed in occupations that aren’t related to agriculture or fishing. The worker has an occupation that is not related to agriculture or fishing for part of the year (especially the worker goes back to this job regularly). A lifestyle where migration does not seem to be an important factor in the family’s life (nontraditional migrant housing, no school interruptions). Non-entry-level occupations, especially for the non-qualifying work – the worker or other family members have positions that are not entry-level or positions that require training or higher 6 education. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 8 Section 3 INTERVIEWING MIGRANT FAMILIES Home Visitor Ethics Guidelines The following information has been extracted from OME Handbook Other warning signs might include moves that are associated with vacations, family events, holidays or other non-work reasons, arriving late in the season after agricultural or fishing jobs have been filled or early in the season before work is available and short duration moves. Quality Control: In the event that the home visitor misses warning signs or errs in some other way in making preliminary eligibility determinations, a quality control system for finding unintentional (or intentional) errors can make the process and the eligibility determination better. In understanding quality control, the home visitor should know the basics of quality control, and the federal and state requirements for ensuring the quality of child eligibility determinations. The home visitor should also be aware of his or her role in the state’s quality control plan, and assist in developing state and local plans. Knowing the benefit of having an effective quality control system and the consequences of having an ineffective system are essential to the home visitor’s understanding of quality control. A sound plan for quality control should examine many components of the ID&R process. For example, quality control should include: training for both new and experienced home visitors on how to determine child eligibility for the MEP; supervising and supporting home visitors; reviewing COEs to ensure that the documentation supports the eligibility determination; resolving eligibility questions raised by recruiters and supervisors, and transmitting written responses to those questions to all local operating agencies; confirming that eligibility determinations were made properly (re-interviewing a sample of migrant families); monitoring, at least annually, the identification and recruitment practices of individual home visitors; reporting cases of fraud or misconduct (see the following section for more information on this topic); documenting how the quality control system was implemented and recording actions taken to improve the system, if needed; and implementing corrective action in response to internal audit findings and recommendations. An established plan for quality control can help the recruiter learn from mistakes and improve child eligibility determinations. Quality control can also help identify falsification in determining eligibility. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 9 Section 3 INTERVIEWING MIGRANT FAMILIES Home Visitor Ethics Guidelines The following information has been extracted from OME Handbook Falsification: If the home visitor conducts thorough interviews and collects supporting documentation where needed, making preliminary eligibility determinations – including the process of resolving difficult cases – should be fairly straight forward. However, serious problems arise when the home visitor intentionally falsifies information on the COE. There are a number of reasons why the home visitor may consider “bending” the rules, including the following. Even though the home visitor knows the child doesn’t qualify for the MEP, the child really needs extra help. The home visitor does not believe that the government makes the best use of its funds; the home visitor believes it is better to spend this money helping needy children, regardless of their eligibility for the MEP. The home visitor, by having the authority to decide which families are eligible and which are not, gains status or importance in the migrant community. The home visitor feels that identifying more “eligible” migrant children makes his or her job more secure. Although the home visitor may try to justify falsifying a COE for a “good reason,” knowingly falsifying information on a COE is a crime that is punishable by fines or imprisonment. If a home visitor falsifies a COE to make an ineligible child or youth appear eligible, the consequences can be dire for the state, local MEP, and home visitor. States are liable for money spent on ineligible children; local programs can lose MEP funding; and MEP staff (including home visiotors) can face prosecution. Falsifying information undermines both the fiscal and programmatic integrity of the MEP. However, mistakes are not crimes, so the honest home visitor need not worry. It is the job of everyone in the MEP to find and correct mistakes as soon as possible. In particular, data entry specialists, supervisors, state ID&R staff, and /or independent auditors may check COEs regularly. States are encouraged to implement a rigorous quality control system that regularly checks a random sample of eligibility determinations. In particular, states are encouraged to have individuals who were not associated with the original eligibility determination re-interview or re-verify the eligibility of randomly selected children. This ensures the quality of the recruitment system and of every home visitor’s work. This system helps the honest home visitor get better by finding, correcting and learning from mistakes. Conclusion: The most important part of the recruitment system is making correct eligibility determinations. By gathering all of the information needed to make a determination and carefully applying the rules, the home visitor should have everything needed to make an accurate preliminary determination. Every MEP success story begins with a home visitor who made an accurate preliminary eligibility determination. Every migrant child who improves in reading, every migrant mother who learns how to better prepare her child for kindergarten, and every migrant teenager who graduates from high school began with a home visitor who found and correctly identified a migrant child. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 10 Section 3 INTERVIEWING MIGRANT FAMILIES Home Visitor Ethics Guidelines The following information has been extracted from OME Handbook Sample Home Visitor Ethics Guidelines Migrant Education Home Visitor Standard of Ethics The home visitor’s primary responsibility is to properly identify and recruit migrant children for the Migrant Education Program (MEP). In carrying out this work, every recruiter is expected to make a commitment to ethical professional behavior. This ethics policy explains what this commitment means. Home Visitors work with migrant farm workers and their families, who are often highly mobile, experience educational disruptions, encounter cultural and language barriers, live in poverty and rural isolation, and have health-related problems that inhibit their ability to do well in school. This policy is intended to serve as a basis for ethical decision-making in the conduct of identification and recruitment. Migrant Education Home Visitor Standards of Conduct 1. Know the eligibility rules. The home visitor should study and prepare to make proper eligibility determinations. The home visitor is expected to have up-to-date knowledge of the rules of eligibility established at both the federal and state level. 2. Be objective. Home visitors are expected to put aside personal beliefs and biases when making eligibility determinations and to base all decisions on objective facts. Gender, race, religion or age should have no bearing on home visitor’s decisions. Other factors, including whether a particular child “deserves” assistance, should not be considered. 3. Be honest. The home visitor’s job is to gather information, provide clear documentation on the Certificate of Eligibility, and help make the eligibility determination. Recruiters must not exaggerate, falsify or omit information. Falsification of program documents may deprive eligible migrant children of needed services, is against the law and could result in criminal prosecution. Honest home visitors keep the MEP safe so that eligible migrant children will continue to receive educations services. 4. Report fraud. It’s the home visitor’s job to protect the reputation and integrity of the MEP. If the home visitor feels pressured to enroll a child who doesn’t appear to be eligible or observes others who are being pressured or who are committing fraud, it is the home visitor’s responsibility to report what he or she has observed. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 11 Section 3 INTERVIEWING MIGRANT FAMILIES Home Visitor Ethics Guidelines The following information has been extracted from OME Handbook Sample Home Visitor Ethics Guidelines Identify Fraud, Falsification or Misconduct The dictionary defines fraud as “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right” or “an act of deceiving or misrepresenting.”1 It defines falsify as “to represent falsely” or “misrepresent.” 2 It may be difficult to understand how these terms apply to the identification and recruitment (I&R) of migrant children, particularly since it may not seem that any particular person is being deceived. In the case of fraud, intentional falsification or misconduct in I &R, it is the federal government that is being deceived. Ultimately, when there is fraud, intentional falsification or misconduct in I&R, the public at large, who pay taxes in the belief that federal funds are being spent as authorized by Congress, is being deceived, as is the federal government, which awards state funding on the assumption that state child counts are accurate. Furthermore, counting children who are not eligible for the MEP can affect the size of sub-grants within each state and can dilute services to eligible migrant children. This is why it is important to preserve the public trust by rooting out fraud, intentional falsification and misconduct in I&R. Although it is not possible to provide a complete guide of how fraud or misconduct would look in I&R, here are some tip-offs or examples of possible fraud or misconduct. A supervisor tells a home visitor that the home visitor needs to give the supervisor 40 new COEs by the next week, even though it is impossible to find that many eligible children and interview their families in that amount of time. A home visitor picks out a needy family each year and enrolls their children in the MEP so they can get extra services, even though the home visitor knows they don’t qualify. A data entry specialist points out missing information on a home visitor’s COEs; the home visitor disappears for a few minutes and then returns with the information filled out. The data entry specialist thinks the home visitor made up the information since a home visitor couldn’t possibly contact the family in that short amount of time. A supervisor announces that any home visitor who finds 5% more children than he or she found the previous year will get an expense paid trip to the National Migrant Education Conference. A local recruiting agency qualifies children whose parents supposedly moved to find work picking blueberries. However, none of the workers ever actually seem to get jobs in agriculture. Most, if not all, of the families find work in construction or other nonqualifying jobs. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 12 Section 3 INTERVIEWING MIGRANT FAMILIES Home Visitor Ethics Guidelines The following information has been extracted from OME Handbook Sample Home Visitor Ethics Guidelines Report Fraud, Falsification and Misconduct If a home visitor observes fraud, falsification or misconduct, some things he or she can do include: If the home visitor has been ask to do something he or she believes is inappropriate, the home visitor should make it clear that he or she isn’t comfortable with what is being asked. Write down what happened with as much detail as possible (if others witnessed what happened, have them write down what they observed as well). Report what happened to the appropriate person (if the supervisor is involved, the recruiter should report the problem to someone who is at a higher level within the MEP). The home visitor should not do things that he or she believes to be wrong, and should follow up on any concerns until they have been properly addressed. Furthermore, if the home visitor suspects that another home visitor is enrolling children in the MEP who are not eligible, the home visitor is obligated to report that as well. IF the state MEP does not take the home visitor’s concern seriously, the home visitor should report the problem to the federal Office of Migrant Education. Current contact information is available on the U.S. Department of Education’s website at http://www.ed.gov/misused Anyone suspecting fraud, waste or abuse involving U.S. Department of Education funds or programs should also call or write the Office of the Inspector General’s (OIG) Hotline. The OIG keeps these complaints confidential; it will not release the home visitor’s name, address, or any other identifying information. The OIG can be contacted using any of the following methods: Call the OIG Hotline’s toll free number 1-800-MIS-USED. The Hotline’s operating hours are from 9:00a.m. until 4:00 p.m. Eastern Time, Monday through Friday, except holidays; Send an e-mail message to [email protected]. Complete and submit an electronic Complaint Form, which is available on the U.S. Department of Education’s website at: http://www.ed.gov/about/offices/list/oig/hotlineform.html. To ensure complete anonymity, download a hardcopy of the special complaint form, complete and mail to: Inspector General’s Hotline Office of Inspector General U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-1510 Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 13 Section 3 INTERVIEWING MIGRANT FAMILIES Home Visitor Ethics Guidelines The following information has been extracted from OME Handbook Sample Home Visitor Ethics Guidelines Report Fraud, Falsification and Misconduct-continued Fraud of intentional falsification is not something that should be taken lightly. Remember that the home visitor commits to the Code of Ethics every time he or she signs a Certificate of Eligibility, which has a statement like the following: I certify that these students are eligible for the MEP services based on the information provided by the parent/guardian/worker identified in the box to the left. I hereby certify that, to the best of my knowledge, the information is true, reliable, and valid. Any false statement provided herein is subject to fine or imprisonment pursuant to 18 U.S.C. 1001. The home visitor has a special opportunity to help migrant children receive needed educational services through the MEP. Every service that is provided starts with a competent and qualified home visitor who is doing his or her job correctly and ethically. As mentioned previously, fraud is a crime; intentional falsification should be taken seriously by everyone and should be reported immediately. Identification & Recruitment Handbook Section 3: Interviewing Migrant Families, Page 14 Section 4 ELIGIBILITY SCENARIOS/RULING Basic Migrant Child Eligibility Factors 1) AGE: The child is younger than age 22. 2) SCHOOL COMPLETION: The child is not a high school graduate or does not hold a high school equivalent certificate. 3) MOVE ACROSS DISTRICT BOUNDARIES: The child has moved across school district lines on his or her own, or with or to join an agricultural or fishing worker. 4) DATE OF MOVE: The child moved within the last 36 months. 5) PURPOSE OF MOVE: The purpose of the worker’s move was to obtain (or seek) work that is a. Agricultural or fishing, b. Temporary or seasonal, and c. An important part of providing a living for the worker and his or her family. Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings The following information has been gathered from the United States Department of Education, Office of Migrant Education, Office of Superintendent of Public Instruction or the Migrant Student Data and Recruitment Office staff. Federal and state definitions of migrant student eligibility are clear. However, some cases have so many variables that eligibility may not seem so obvious. The following section compiles questions with situations that the Migrant Student Data and Recruitment (MSDR) Office staff has already dealt with and has a ruling on. Some rulings are similar in nature. This repetition is purposeful to ease the reader in directing attention to one specific topic. NOTE: As defined in the federal register, reference to a “qualifying worker” also includes: parents, spouse, guardian(s), the child or a member of the immediate family as the “qualifying worker.” A guardian is a “person standing in place of a parent.” This could be a member of the immediate family including the child’s brother, sister, aunt, uncle, cousin or grandparent. Eligibility Scenario/Rulings TYPE OF MOVE RULING Scenario: Children Born After the QAD Mrs. Gutierrez moved from Ephrata, WA to Othello, WA on July 7, 2011, to pack potatoes; two weeks later she gives birth to a baby boy. Her three other children have been qualified as migrant and are on an existing COE. Can the newborn baby be added to the COE? Ruling: No. Children born after the QAD do not qualify and cannot be documented on the COE. Scenario: Dropping off Children Enroute to Final Destination Mr. and Mrs. Anderson made a move from Hood Canal, WA to Ocean Beach, WA to gill net fish for salmon. They stopped at a different town (Tacoma) along the way to leave their children with grandma so she could take care of them. Do the children qualify? Ruling: Yes. The children made the move with the family as far as Tacoma. On the Qualifying Move and Work Data # 1 it should read “moved from: Hood Canal, Washington USA to Tacoma, Washington. The children moved with the parent, to enable the parent to obtain seasonal employment in fishing. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 1 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario 1: The Sanchez family moved from Polson, MT to Yakima, WA on 08/30/2010 to pick apples. The home visitor filled out the COE on 09/03/2010. Did the family establish residency? Ruling: Yes. Washington Migrant Education Program states the family needs to reside for a minimum of 48 hours in order to establish residency. Scenario 2: Duration of Move The Benton family moved from Oroville, WA to Wenatchee, WA to look for work packing apples on 10/20/2010. On 10/21/2010 the Benton family returned to Oroville, WA since they could not find work. The Oroville home visitor interviews the family on 10/22/2010. Can the Oroville home visitor qualify the family using the move from Oroville to Wenatchee? Ruling: No. The Benton family did not establish 48 hour residency. (Due to the short duration on the move it would be a hard to document the necessary comments) (Refer to Page 12, D23 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) short duration of move policy Scenario 3: Mr. & Mrs. Garza and four children moved from Early Moves Olympia, WA to Pasco, WA on April 10, 2011, to pick cherries. During the interview, the parents told the home visitor they moved early to secure housing. Do they qualify? Ruling: Yes. Comments indicating why the early move took place should be documented in the Comments section of the COE. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 2 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario 1: The Skywalker family moves annually from Chelan, WA to Mossyrock, WA to cut Christmas trees on 11/25/2010, the income is necessary to assist the family during the winter months. On 12/20/2010 worked ended in Mossyrock and family returned to Chelan. Does the family qualify? Ruling: Yes. The family qualifies, they meet all the criteria in “what is a qualifying move”. (see chart below) Scenario 2: The Ling family moved from Lynden, WA to Forks, Economic Necessity WA to visit family on 06/28/2010. While in Forks they went to the beach and dug for clams for recreational activities. Family returned to Lynden on 07/06/2010. Does the family qualify? Ruling: No. The family does not qualify because the move was not for economic necessity as they went to visit family and for recreational purposes. (Refer to Page 7, D7 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Qualifying Move Chart—The move must contain the following: Scenario 1: A 14-year old student made a qualifying move on his/her own. Is the student eligible? Ruling: Yes. The student is considered as emancipated and is eligible. The student may sign his/her COE. Emancipated Youth NOTE: If a qualifying child is currently traveling without a parent or guardian, he/she is considered to be eligible for migrant program services. This “emancipated youth” may certify himself/herself. Scenario 2: If a student living by himself/herself moves in search of qualifying agricultural/fishing work, is this student eligible to receive Migrant Education Programs services? Ruling: Yes. This student can serve as the qualifying worker on his/her own, and is eligible to receive Migrant Education Program services. No previous move history or moves with a parent/guardian and/or qualifying worker are necessary. The student can sign his/her COE. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 3 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario 1: The Zapata family moved from Pharr, TX to Othello, WA on 08/10/2011. Mr. Zapata hauls potatoes for A&B Farms from the fields to the packing shed. Is this a qualifying activity? Ruling: Yes. Hauling any agriculture product on a farm or ranch is a qualifying activity. Hauling Scenario 2: The Conner family moved from Redding, CA to Aberdeen, WA on 09/06/2010. Mr. Conner works for B&C Fish. Mr. Conner work is to haul fish to local grocery stores. Is this a qualifying activity? Ruling: No. Hauling agricultural or fish products to a market or wholesaler is not a qualifying activity. (Refer to Page 20, G26 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Scenario 1: The Uribe family moved from Boise, ID to Yakima, WA to pick apples on 10/10/2010. Does the family qualify? Ruling: Yes. The purpose of the move was to seek or obtain qualifying work. In Order to Obtain Any Work Scenario 2: The Vargas family moved from Chicago, IL to Kennewick, WA on 05/05/2011. Mr. Vargas is looking for any work. Mr. Vargas found work thinning apple trees. Is this a qualifying move? Ruling: Yes. The worker came looking for any work and obtained qualifying work. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 4 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Non-Qualifying Work Scenario 3: The Campos family moved from San Diego, CA to Zillah, WA on 02/22/2011. Mr. Campos stated he moved in order to search for work in construction. Does the Campos family qualify? Ruling: No. Mr. Campos is looking for non-qualifying work. Soon After the Move (30 days) Scenario 4: The Pacheco family moved from Vincentown, NJ to In Order to Obtain (continued) Wahluke, WA on 07/15/2011. Mr. Pacheco stated that he came to work in the pears. Mr. Pacheco was hired when the pear harvest began on 08/17/2011. Is this a qualifying move? Ruling: Yes. Mr. Pacheco obtained qualifying work “soon after the move”, within 30 days of the move. Prior History Scenario 5: The Ortega family moved from Las Vegas, NV to Quincy, WA on 10/28/2011. He came to Quincy seeking work picking apples, but was not hired. Mr. Ortega worked picking apples in Washington state 15 years ago, and then moved to Las Vegas to work in construction. Is this a qualifying move? Ruling: Yes. Mr. Ortega came to seek qualifying work but did not obtain it, he has prior history. Comments are needed on COE in the comment section regarding prior history. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 5 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING In Order to Obtain (continued) Credible Evidence Scenario 6: The Long family moved from Salt Lake City, UT to Mount Vernon, WA on 06/28/2010 to pick strawberries. Mr. & Mrs. Long looked for work at C&C Strawberries, the foreman said the crew was full but their names would be put on a waiting list. Does the Long family qualify? Ruling: Yes. The Long family actively sought qualifying work soon after the move. Comments are needed on the COE regarding “credible evidence” as to why work was unavailable and who they spoke to. Family members of the worker cannot be the additional information (credible evidence) that supports the worker’s or family member’s statement that the worker sought the qualifying work. (Refer to Pages 7-12, D8-22 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Scenario: The Guerrero family moved from Orlando, FL to Seattle, WA on 06/02/2010. Mr. Guerrero was told he could find work picking apples in Washington State. Is this a qualifying move? Intent - Crop Ruling: Yes. Mr. Guerrero’s intent was to seek agriculture qualifying work. (Refer to Pages 7-12, D8-21 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 6 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario: The Contreras family left El Salvador seeking refuge; Intent-Refuge they arrived on July 15, 2010, in Long Beach, WA. The church group that sponsored the family was able to obtain employment for them at a local oyster farm. Would this be considered a qualifying move? Ruling: No. The move was made for political asylum and not to seek any type of agricultural or fishing related employment. Scenario 1: The Plazola family moved from Nejapa, El Salvador to Toppenish, WA on 04/28/2010 to work in the hops. Is this a qualifying move? Ruling: Yes. A move from another country to the US may qualify if one of the purposes of the move was to seek or obtain qualifying work. International Moves Scenario 2: The Montemayor family moved from Oroville, WA to Osoyoos, BC Canada to pick apples for a month. Is this a qualifying move? Ruling: No. The qualifying move has to be within the United States in order for a family to qualify for the MEP. (Refer to Pages 14, D31-32 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Scenario: The Castro family has lived in Oroville, WA for the last Late Identification three years; Mr. Castro was recently laid off from his regular job and is now seeking agricultural employment. On June 7, 2010, the family decided to go to Wenatchee, WA and pick cherries. Two weeks before school started, mom and the children returned to Oroville to enable the children to start school. The following August of 2011, Mrs. Castro was talking to a Migrant Home Visitor; during their conversation, the home visitor discovered the family had made a qualifying move during the summer of 2010. Should she complete a COE on family? Ruling: Yes. Once the family is deemed eligible, they qualify for 36 months and a COE can be completed. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 7 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario: The Adams family moved from Ellensburg, WA to Moves using Prior History (Residency Date) Ephrata, WA on 10/15/2010 to work at a restaurant. During the interview the Ephrata home visitor discovered that the Adams family had made a previous qualifying move from El Paso, TX to Ellensburg, WA to work in the peas on 07/02/2009. Does the family qualify for the MEP? Ruling: Yes. You may qualify the family using a previous QAD as long as it’s still within the 36 months. A residency date is needed on the COE (the date the family moved to your district) as the move to your district is a non-qualifying move. Scenario 1: The Littlefoot family moves from Wapato, WA to Randall, WA to pick huckleberries during the weekends. The family moves four to five times during the summer with a recent move on 08/14/2011, they do this to augment their income. Is this a qualifying move? Ruling: Yes. Moves of short duration that happen subsequently Moves of Short Duration and for economic necessity qualify for the MEP. Comments are needed on the comment section of the COE as to how the move was of economic necessity; why the move was of brief duration; how was it determined the family had a change of residence and indicate that the move is not a one-time event but a series of events. Scenario 2: The Guther family moves from Centralia, WA to Ocean Beach, WA once a year during the spring just for the weekend to fish for salmon. Is this a qualifying move? Ruling: No. Moves of short duration and a onetime event do not qualify for the MEP. (Refer to Page 12, D23 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 8 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario: A family made a qualifying move from California to Texas. Later, the family moved to Washington to join their ill father. Do they qualify; if so, what is the QAD? Moves Outside Washington State Ruling: Yes. The family qualifies if the second move was made within three years of a qualifying move. The QAD would be the day they arrived to Texas. The location of the move is not required to be into or within Washington State. Note: the residency date (date the family arrived to your district) is needed on the COE. Personal Subsistence Scenario 1: The LaRoche family moved from Goldendale, WA to Vancouver, WA to fish for salmon on 07/18/2011. The LaRoche family catches salmon and consumes what they catch. Is this a qualifying move? Ruling: Yes. As part of their economic necessity the family consumes a substantial portion of their catch. Scenario 2: The Tuckers moved from Yakima, WA to La Push, WA on 06/30/2011. They went to the beach to dig for clams. They returned to Yakima on 07/02/2011. Is this a qualifying move? Ruling: No. The move was not due to economic necessity and digging clams was not part of their substantial food consumption. (Refer to Page 21, G28-29 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 9 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario 1: A family moved to College Place, WA from Yuma City, CA. The mother is a single parent and has a 18 year-old son. The family moved in order for the son to find work cutting asparagus. However, the son had an accident and is unable to work. Do they qualify? Ruling: Yes. Because the intent of the move was for a member of the immediate family to seek work in seasonal, agricultural employment. A comment is needed as to why the qualifying worker has not obtained qualifying work. Scenario 2: An aunt moved with her niece to allow the niece to work in agriculture. The niece is 17 years old; the aunt has two children. Is this is qualifying move; who is the qualifying worker and do two COEs need to be completed? Qualifying Worker Ruling: Yes. The qualifying worker is the niece, and two COEs need to be completed. The niece would be on the first COE on own as a worker, and also listed below on the Child/School Data. The second COE the niece would be listed as the qualifying worker with the aunt’s two children listed in the Child/School Data. The niece or the aunt can sign the COE. A comment is needed explaining the relationship of the qualifying worker to the children. Scenario 3: A grandmother, a young mother and her child made a qualifying move. The grandmother is sorting apples. How is the COE completed; are two COEs necessary? Ruling: One COE is adequate, listing the 16 year-old mother and her child in the Child/School Data section of the COE. The qualifying worker would sign the COE. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 10 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Scenario 1: A family moves from a Mabton residence in the Mabton School District to a Mabton residence located in the Granger School District. How would the Qualifying Move and Work Data #1 of the COE be completed? Ruling: The COE should read “From a residence in: Mabton School District, Mabton, WA, USA To a residence in: Granger School District, Mabton, WA.” If a family moves across school district boundaries, but the town in which they reside is the same, also list the name of that school district. Write a note in the comments section explaining the difference between the home address and QAD location. Scenario 2: A family made a qualifying move in the summer from Fresno, CA to Mount Vernon, WA on June 8, 2011 (residing in the Conway School District). The students were served through the Mount Vernon Summer School. If the family remains in the area through Fall enrollment, which district receives the original COE? School District Boundaries Ruling: The original COE would be filed in Conway School District at the start of school. A copy is kept in the Mount Vernon Summer School file. Scenario 3: A COE was completed for the Diaz family, who moved from Pharr, TX to Mount Vernon, WA on April 4, 2011, to pick cherries. However, the Mount Vernon address lies within the Conway School District and the children are enrolled into the Conway School District. The family subsequently moves into Mount Vernon (and the Mount Vernon School District) for housing purposes on September 9, 2011. Would a new COE be completed, and if so, how would it read? Ruling: Yes. A new COE would be completed because school districts are required to maintain original COEs on files for the migrant children residing in their district. The Qualifying Move and Work Data section #1 of the COE would read: “From a residence in: Pharr, Texas USA To a residence in: (Conway School District) Mount Vernon, WA QAD: 04/04/11”. Writing in the Residency date of 09/09/2011 on the COE. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 11 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Temporary Employment Worker’s Statement Scenario 1: Mrs. Tobias and her family moved from Granger, WA to Cashmere, WA to pack apples on 02/10/2011. Mrs. Tobias stated that she would pack apples for two months then move to Toppenish to cut asparagus. Are comments needed on the COE? Ruling: : Yes. Worker stated that she would be working on a temporary basis for two months, comments are needed on the COE indicating the length of time employed. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 12 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Employer’s Statement Scenario 2: The Ramirez family moved to Tonasket, WA from Temporary Employment Sunnyside, WA on 08/10/2011. Mr. Ramirez was hired by Monson Orchards to fix apple bens for 3 weeks. Are comments needed on the COE? Ruling: Yes. The employer hired Mr. Ramirez on a temporary basis. Comments are needed on the COE indicating the length of time employed. Hired on a temporary basis but still working after 12 months Scenario 3: On 06/15/2010 the Mungia family qualified for the migrant program as Mr. Mungia was employed milking cows on a temporary basis (5 months). During the Revalidation interview, the home visitor discovered that Mr. Mungia is still employed milking cows full time for the same dairy. Are the children still eligible for the remaining two years of the MEP? Ruling: Yes. The children are still eligible for the MEP until they end their eligibility. (Refer to Page 21, 1-15 and Page 25, H1-13 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 13 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Child(ren) moved first Scenario 1: Mrs. Contreras and her two children moved to Pasco, To Join Moves WA from Mexico on 09/03/2011 to start school. Mr. Contreras joined his family in Pasco on 10/21/2011 to pick apples. Is this a qualifying move; what would the QAD date be? Ruling: Yes. The Qualifying Arrival Date would be the second date, the date the qualifying worker joined his family 10/21/2011. Indicate the date the worker moved and the date the child(ren) moved on the COE. Comments are also needed as to why the children arrived first and the qualifying worker joined later. Qualifying worker moved first Scenario 2: Mrs. Furtado moved from California to Moxee, WA on 05/05/2011 to train hop vines. The Furtado children joined Mrs. Furtado on 08/10/2011 to start school. Is this a qualifying move; what would the QAD date be? Ruling: Yes. The Qualifying Arrival Date would be the second date, the date the children joined the mother on 08/10/2011. Indicate the date the worker moved and the date the child(ren) moved on the COE. Comments are also needed as to why the qualifying worker arrived first and the children joined later. Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 14 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Moved after 12 months Scenario 3: Mr. Alvarado moved from Clifton, NJ to Finley, WA on 03/10/2010 to prune apple trees. The Alvarado children joined him on 06/28/2011 they stayed behind to complete a high school program. Is this a qualifying move? Would you complete a COE? Ruling: Yes. The Qualifying Arrival Date would be the second date, the date the children joined the father 06/28/2011. Indicate the date the worker moved and the date the child(ren) moved on the COE. Comments are also needed as to why the qualifying worker arrived first and why the children joined later. Note; additional comments as to why it took the children longer than 12 months to join the father is required. To Join Moves Example: The Alvarado children did not join father earlier because they were completing a high school vocational program in New Jersey. Scenario 4: Mr. Chang moved from New York, NY to Seattle, WA to fish on 06/28/2009. Mrs. Chang was laid off on 12/15/2010 from a fabric warehouse. She and her children arrived on 01/03/2011 from New York to join Mr. Chang. Is this a qualifying move? Ruling: No. This is not a qualifying move. Since the reason that Mrs. Chang and her children moved was due to the loss of her employment, this does not substantiate the reasoning in exceeding the 12 months to join move period. Remember the QAD on To Join Moves will be the second date (the latter move). (Refer to Page 15-16, E1-4 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 15 Section 4 ELIGIBILITY SCENARIOS/RULING Eligibility Rulings-continued TYPE OF MOVE RULING Vacation Scenario: The Portillo family moved from Olympia, WA to Orlando, FL on 12/17/2010. During the interview Mrs. Portillo stated they went to Disney World during the Winter break. Is this a qualifying move? Ruling: No. The Portillo family did not meet all the criteria for “What is a qualifying move.” See chart above. (Refer to Page 5, D1 & Page 7, D6 of USDE OME Guidance Child Eligibility under Title I, Part C Elementary and Secondary Education Act of 1965) Identification & Recruitment Handbook Section 4: Eligibility Scenarios/Ruling, Page 16 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Completing the Certificate of Eligibility 1) The Certificate of Eligibility (COE) is the most important document the home visitor/recruiter will generate for the MEP, and it should be treated as such. 2) The home visitor/recruiter should complete the COE with care so that it is easy to read and understand, and serves as a clear basis for the determination of a child’s eligibility. 3) All children ages 0-21 should be on the COE. 4) When indicating the qualifying work, remember it’s the ―intent‖ of the move that should be listed. 5) When completing a COE, legible handwriting is good practice. 6) Use the Qualifying Activity & Crop handout when indicating qualifying work. 7) Don’t forget comments on: 1. ―to join‖ moves 2. #4ci and #4cii 3. Personal subsistence 4. Temporary employment 5. Moves of short duration Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY The Certificate of Eligibility (COE) In order for a school district to provide Title I Migrant Education Program services to a student, the school district must determine that the student has met the program's qualifying criteria. Furthermore, the school district must document the move information on a Washington State Migrant Education Program Certificate of Eligibility (COE). Purpose The Washington State Migrant Education Program is required to document every migrant child’s eligibility for the Migrant Education Program (MEP) on a Certificate of Eligibility (COE). The COE serves as the official record of the State’s eligibility determination for each individual child. Once eligibility is determined and a COE is completed, the children are eligible for three (3) years from their qualifying arrival date. In addition, the COE serves as a document to obtain family – children information required for enrollment into the Migrant Student Information System (MSIS). COEs are numbered on the bottom right corner for ease in referencing. Information Included The completed COE, which is printed in triplicate form, should include the names of all eligible children between the ages of 0 through 21. This includes preschool (ages 0 through 4), school aged (ages 5 through 17), all dropouts (up through age 21), and all other school aged children (up through age 21) not attending school. Exceptions Children who are not eligible and are not to be included on the COE are: Children who are born on or after the qualifying arrival date. Youth who have graduated from a USA High School or have obtained a General Education Diploma (GED). Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 1 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility General Instructions A COE must be completed every time a child makes a new qualifying move. The completed COE should include the names of all eligible children between the ages of 0 through 21, whether they are attending school or not. The home visitor must not include any child who: was born after the qualifying move; is not eligible to receive a free public school education [i.e., has graduated from a high school or obtained a General Educational Diploma (GED) certificate]; or did not make the qualifying move described on the COE. All attempts should be made to complete all data elements and sections of the COE. In cases where a response may not be required or does not apply, flexibility has been built into the instructions. In these cases, the home visitor must write a dash (-) or “N/A” in the appropriate blank. All other information must be provided. If the home visitor completes a COE for a family, the home visitor must fill out a separate COE for any child who has a different qualifying arrival date (QAD) or for any child who has different eligibility criteria than the rest of the children in the family, such as an out of school youth (OSY) who may have moved on his or her own. In general, the QAD is the date that both the child and worker completed the move for the worker to find qualifying work. There are special cases that are described in the instructions for the section titled “Qualifying Move and Work Data” section. If more than one COE is necessary, the home visitor must complete all sections on each COE form. Only an MSDR trained interviewer is authorized to complete COEs. Here are essential guidelines or helpful hints. A personal interview is conducted to ascertain the eligibility, and a COE is completed. Determine the family’s eligibility before completing the COE. It is extremely important to tell the family that the information obtained is CONFIDENTIAL and will only be used by educational agencies. Information on programs and services available needs to be explained to the parent or guardian prior to obtaining his/her signature. The COE must be completed, in ink, through a personal interview with the parent or guardian immediately upon identification. The COE should be neat and readable. The interviewer and interviewee must sign the COE. Review the completed COE with the interviewee before leaving the location of the interview to ensure that all sections have been completed and responses recorded in the proper section. Once the interview and COE are completed, the parent is given the pink copy; the yellow copy is sent immediately to the MSDR Office and the original is then filed at the local educational agency (LEA). Additional COE forms may be requested online at : www.msdr.org or by contacting: Migrant Student Data and Recruitment Office 810-B East Custer Avenue Sunnyside, Washington 98944 800-274-6084 or (509) 837-2712 Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 2 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions SCHOOL INFORMATION: School District/Agency Indicate the name of the school district or if an agency, the agency name and location, for whom this COE is completed. (i.e., Prosser School District). School Year (SY) Enter the School Year. FAMILY DATA: In this section of the COE, the home visitor will record the name and address of the child’s male and/or female parent or parents. Verify the correct spelling of all names. Do not assume. Male Parent/Guardian [Last Name(s), First Name] Record the name of the male (if any) currently responsible for the child(ren). Record this individual’s legal last name (or names) and legal first name. If the male parent has two last names or a hyphenated last name, record the male parent’s last name(s) as it legally exists. The term “parent” on this form and in other sections of these instructions includes a legal guardian or other person who is standing in the place of the parent or in loco parentis (such as a grandparent, spouse, or step parent with whom the child lives who is responsible for the welfare of the child). If the child has more than one male parent or if the child’s legal parent is different from the current parent, provide the name of the child’s legal male parent in the Comments section. If there is no parent information disclosed, write a dash (-) or “N/A.” If the “child” is the worker and a male, write the child’s name for this data element. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 3 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions FAMILY DATA: Female Parent/Guardian [Last Name(s), First Name] Record the name of the female (if any) currently responsible for the child(ren). Record this individual’s legal last name (or names) and legal first name. If the female parent has two last names or a hyphenated last name, record the female parent’s last name(s) as it legally exists. The term “parent” on this form and in other sections of these instructions includes a legal guardian or other person who is standing in the place of the parent or in loco parentis (such as a grandparent, spouse, or step parent with whom the child lives who is responsible for the welfare of the child). If the child has more than one female parent or if the child’s legal parent is different from the current parent, provide the name of the child’s legal female parent in the Comments section. If there is no parent information disclosed, write a dash (-) or “N/A.” If the “child” is the worker and a female, write the child’s name for this data element. Current Address. Record the physical address, including the complete name of the street or road where the child(ren) currently resides. In cases where a formal physical address is not available, include as much other identifying information as possible (i.e., trailer number, rural route, migrant camp, landmark). If the physical address is different from the mailing address, provide the mailing address in the Comments section of the COE. City. Record the name of the city or town where the child(ren) currently resides. State. Record the postal abbreviation used by the U.S. Postal Service for the State where the child(ren) currently resides. Zip. Record the five or nine-digit zip code where the child(ren) currently resides. Telephone. Record the telephone number, including area code, of the family. If no telephone number is available, write a dash (-) or “N/A.” Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 4 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: In this section, record the qualifying move and qualifying work information which the State believes documents the child’s eligibility for the Migrant Education Program. 1. The child(ren) listed on this form moved from a residence in _________ (School District/City/State/Country) to a residence in __________ (School District/City/State). from a residence in _________ (School District/City/State/Country). This location is the last place of residency before the child(ren) and the parent, spouse or guardian moved due to economic necessity in order to obtain qualifying work. Note that the child(ren) might have made subsequent non-qualifying moves. to a residence in __________ (School District/City/State). This location is the place of residency where the child(ren) and the parent, spouse or guardian moved due to economic necessity in order to obtain qualifying work. A qualifying move can never be made to a country outside of the United States. As mentioned previously, the child(ren) might have made subsequent non-qualifying moves. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 5 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: Following are several “qualifying move” scenarios. Identify which scenario applies to the specific eligibility situation and record the necessary information. If the child(ren) moved from a residence in one school district to a residence in another school district within the same U.S. city – from a residence in _________ (School District/City/State) Record the full legally or commonly used name of the school district where the child(ren) listed resided immediately prior to the qualifying move. Also record the name of the city and state from which the child(ren) listed moved. to a residence in __________ (School District/City/State) Record the full legally or commonly used name of the school district where the child(ren) listed resided immediately following the qualifying move. Also record the name of the city and state from which the child(ren) listed moved. If the child(ren) moved from a residence in one school district to a residence in another school district within the same U.S. State (and these school districts are NOT within the same U.S. city) – from a residence in _________ (City/State) Record the name of the city and state where the child(ren) listed resided immediately prior to the qualifying move. to a residence in __________ (City/State) Record the name of the city and state where the child(ren) listed resided immediately following the qualifying move. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 6 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: Following are several “qualifying move” scenarios. Identify which scenario applies to the specific eligibility situation and record the necessary information. If the child(ren) moved from a residence in one U.S. State to a residence in another U.S. State – from a residence in _________ (City/State) Record the name of the city and state where the child(ren) listed resided immediately prior to the qualifying move. to a residence in __________ (City/State) Record the name of the city and state where the child(ren) listed resided immediately following the qualifying move. If the child(ren) moved from a residence in a country other than the U.S. to a residence in the U.S. – from a residence in _________ (City/State) Record the name of the city and state where the child(ren) listed resided immediately prior to the qualifying move. to a residence in __________ (City/State) Record the name of the city and state where the child(ren) listed resided immediately following the qualifying move. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 7 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: If the child and parent moved from different previous residences, Record the child’s prior residence in response to #1 and record the parent’s residence in the Comments section. In order for the child to be eligible, both the child and the parent must have moved across school district lines and changed residences in the process. Type of move The child(ren) moved… …from one school district to another within the same U.S. city …from one school district to another within the same U.S. State …from one U.S. State to another U.S. State …from a country other than the U.S. to the U.S. The child’s residence immediately prior to the qualifying move The child(ren) moved from a residence in ________ (School District / City/ State/ Country) The child’s residence immediately following the qualifying move The child(ren) moved to a residence in __________ (School District/City/State) School District, City, State School District, City, State City, State City, State City, State City, State City, State, Country City, State Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 8 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: The child(ren) moved (complete both a. and b.): 2a. on own as a worker, OR with the worker, OR to join or precede the worker. [Mark only one box] Mark the box “on own as a worker” if the child himself or herself moved in order to obtain qualifying work. Only complete the worker’s name in 2b. Mark the box “with the worker” if the child(ren) moved with a parent, spouse or guardian in order for the worker to obtain qualifying work. Mark the box “to join or precede the worker” if the child(ren) moved either before or after the date the parent, spouse, or guardian moved in order to obtain qualifying work. If this box is marked, also complete “i” under 2b. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 9 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: 2b. The worker, ______________ (First and Last Name of Worker), Record the first and last name of the individual who sought or obtained the qualifying work (i.e., parent, spouse, guardian, or child – if on own as a worker). …is the child or the child’s parent spouse guardian. [Mark only one box] Mark the box that indicates the child’s relationship to the worker (i.e., parent, spouse or guardian). Do not select one of these boxes if “on own as a worker” is checked in 2a. i. (Complete if “to join or precede” is checked in 2a.) The worker moved on______ (MM/DD/YY). The child(ren) moved on _____ (MM/DD/YY). (provide comment) Record the date the worker moved in order to obtain qualifying work. Also record the date the child(ren) moved in order for the parent, spouse, or guardian to obtain qualifying work. In addition, record the reason for the different moves in the Comments section. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 10 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY The Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: 3. The Qualifying Arrival Date was ___________ (MM/DD/YY). Record the QAD, using the two-digit numbers that refer to the month and day, and the last two digits of the year. For example, May 20, 2011, would be written as 05/20/11. In general, the QAD is the date that both the child and worker completed the move. The child must have moved on his or her own, or with or to join a parent, guardian or spouse to enable the worker (i.e., child, parent, guardian or spouse) to obtain qualifying work. As referenced in 2a, the child and worker will not always move together, in which case the QAD would be the date the child joins the worker who has already moved, or the date when the worker joins the child who has already moved. The QAD is the date that the child’s eligibility for the MEP begins. The QAD is not affected by subsequent non-qualifying moves. For more information on determining the QAD, see the chart below. Type of Qualifying Move The child. . . . . .moved with the worker. . . .moved before the worker moved. . . .moved to join the worker after the worker moves. Identification & Recruitment Handbook Qualifying Arrival Date (QAD)--Eligibility Begins The QAD is. . . . . .the date the child and worker both arrive in the district where the worker will look for qualifying work. . . .the date the worker arrives in the district to look for qualifying work. . . .the date the child arrives to join the worker. Section 5: Completing the Certificate of Eligibility, Page 11 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY The Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: 4. The worker moved due to economic necessity in order to obtain: [Mark only one of the following boxes: either a, b, or c.] a. qualifying work, and obtained qualifying work, OR Mark this box if the child, parent, spouse, or guardian moved due to economic necessity in order to obtain temporary or seasonal employment in agricultural or fishing work, and obtained that work. b. any work, and obtained qualifying work soon after the move, OR Mark this box if the child, parent, spouse or guardian, moved due to economic necessity in order to obtain any work, and soon after the move obtained temporary or seasonal employment in agricultural or fishing work. c. qualifying work specifically, but did not obtain the work. If the worker did not obtain the qualifying work: *NOTE: Also complete box “i,” box “ii” or both.] Mark this box if the child, parent, spouse or guardian moved due to economic necessity to obtain temporary or seasonal employment in agricultural or fishing work, but did not obtain that work. If this box is marked, also mark box i, box ii, or both. ii. The worker has a prior history of moves to obtain qualifying work (provide comment), OR Mark this box to indicate that the worker has a prior history of moving to obtain temporary or seasonal employment in agricultural or fishing work. Explain this history in the Comments section. For example, the home visitor could write, “qualifying worker moved from Brownsville, Texas, to Sunnyside, Washington, picking apples in May of 2007.” The home visitor could also check the Migrant Student Information Exchange (MSIX) database, or other local database, to see if it contains a history of prior moves to obtain qualifying work and attach the print-out to the COE. iii. There is other credible evidence that the worker actively sought qualifying work soon after the move (provide comment). Mark this box to indicate that there is other credible evidence that demonstrates that the worker actively sought qualifying agricultural or fishing work soon after the move, but the work was not available for reasons beyond the worker’s control. For example, a local farmer or grower confirmed that the worker applied for qualifying work but none was available; newspaper clippings document that work was not available because of a recent drought, flood, hail storm, or other disaster in the area. Explain this evidence in the Comments section and attach supporting documentation where available. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 12 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: 5. The qualifying work*, __________ (describe agricultural or fishing work) (describe agricultural or fishing work) When describing the specific agricultural or fishing work, the home visitor should use an action verb (i.e., “picking”) and a noun (i.e., “strawberries”). In other words, the home visitor should describe the worker’s action (i.e., “picking”) and the crop, livestock, or seafood (i.e., “strawberries”). For example: picking strawberries; thinning apple trees; pruning grape vines; picking cherries, detasseling corn; catching chickens; planting oysters; and harvesting crabs. Make a selection in both a. and b. a. seasonal OR temporary Mark the box for “seasonal employment” if the employment occurs only during a certain period of the year because of the cycles of nature and that, by its nature, may not be continuous or carried on throughout the year. (Refer to Federal Register dated July 2008, Section 200.81(j)). Mark the box for “temporary employment” if the employment lasts for a limited period of time, usually a few months, but not longer than 12 months. It typically includes employment where the worker states that the worker does not intend to remain in that employment indefinitely or the employer states that the worker was hired for a limited time frame. b. agricultural OR fishing work Mark the box for “agricultural work” if the work involves the production or initial processing of crops, dairy products, poultry, or livestock, as well as the cultivation or harvesting of trees. (Refer to Federal Register dated July 2008, Section 200.81(a)). The work may be performed either for wages or personal subsistence Mark the box for “fishing work” if the work involves the catching or initial processing of fish or shellfish or the raising or harvesting of fish or shellfish at fish farms. (Refer to Federal Register dated July 2008, Section 200.81(b)). The work may be performed either for wages or personal subsistence. *If applicable, check: personal subsistence (provide comment) (*) Mark the box for “personal subsistence” if “…the worker and the worker’s family, as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch” (Refer to Federal Register dated July 2008, Section 200.81(h)). Also provide a comment in the Comments section. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 13 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions QUALIFYING MOVE AND WORK DATA: Complete if “temporary” is checked in 5a. a. worker’s statement (provide comment), OR Mark this box if the work was determined to be temporary employment based on a statement by the worker or the worker’s family (i.e., spouse) if the worker is unavailable (provide comment). For example, the worker states that he or she only plans to remain at the job for a few months. Provide explanatory comments in Comments section. b. employer’s statement (provide comment), OR Mark this box if the work was determined to be temporary employment based on a statement by the employer or documentation obtained from the employer. For example, the employer states that he or she hired the worker for a specific time period (i.e., 3 months) or until a specific task is completed and the work is not one of a series of activities that is typical of permanent employment. Provide explanatory comments in Comments section. Attach supporting documentation if available. c. State documentation for ____________________ (employer). NOTE: This is required on the national COE, it appears here for informational purposes only as this is not applicable to Washington State. Mark this box upon verification that the State has current documentation to support that the work described in #5 is temporary employment for this particular employer. In other words, the State has verified that of those workers whose children were previously determined to be eligible based on the State’s prior determination of the temporary nature of such employment (or the children themselves if they are the workers), virtually no workers remained employed by the same employer more than 12 months, even though the work may be available on a constant and year-round basis. employer Identify the employer, whether it is the name of or code for a farmer, a grower, a business, or a corporation, where the worker either sought or obtained qualifying work. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 14 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions COMMENTS 2bi 4c 5 6a 6b Other The “Comments section” of the COE allows the home visitor to provide additional information or details that clarify the reasons for the home visitor’s eligibility determination. The home visitor should write clear and detailed comments so an independent party who has no prior knowledge of the eligibility determination can understand the home visitor’s reasoning for determining that the child(ren) is eligible. At a minimum, the home visitor must provide comments that clearly explain items 2bi, 4c, 5, 6a and 6b of the Qualifying Move & Work Section, if applicable. As mentioned previously, these items include the following scenarios: The child’s move joined or preceded the worker’s move. If the child(ren) joined or preceded the parent, spouse, or guardian, record the reason for the child’s later move or the worker’s later move. The employment is temporary based on the worker’s statement or the employer’s statement. In particular, record the information provided by the worker or employer regarding how long they expect the employment to last. The comment should be of sufficient length to adequately document how the home visitor came to the eligibility decision. The child(ren) qualified on the basis of “personal subsistence,” Meaning “that the worker and the worker’s family, as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch.” (Refer to Federal Register dated July 2008, Section 200.81(h)). The worker did not obtain qualifying employment as a result of the move. In this case, the home visitor must document that the worker stated that one reason for the move was to obtain qualifying work, AND o The worker has a prior history of moves to obtain qualifying work; o OR there is other credible evidence that the worker actively sought qualifying work soon after the move, but, for reasons beyond the worker’s control, the work was not available; o OR both. Examples of credible evidence include a statement by a farmer that the worker applied for qualifying work but none was available, or a newspaper clipping regarding a recent drought in the area that caused work not to be available. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 15 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions COMMENTS 2bi 4c 5 6a 6b Other The Office of Migrant Education (OME) recommends that the home visitor provide additional comments on the COE in the following circumstances and in any other circumstances in which a third party may question the eligibility determination. COE COMMENTS: OME RECOMMENDS The information on the COE needs additional explanation to be clearly understood by an independent outside reviewer. The basis for the preliminary eligibility determination is not obvious. For example, the work is unusual enough that an independent reviewer is unlikely to understand that it is qualifying work. An explanation is needed to enable a reviewer to understand how the preliminary eligibility determination was made. The work could be part of a "series of activities" that, viewed together, would constitute year-round employment (i.e., mending fences on a dairy farm and baling hay could be two parts of year-round ranching with one employer). The work may be viewed by an independent reviewer as either temporary or year-round employment (i.e., collecting eggs or milking cows). A "move" is of such brief duration or of such a short distance (or both) that one could question whether any migration has occurred (i.e., intra-city or intra-town move that is across school district boundaries). A parent or guardian uses a symbol such as an ―X‖ or other valid mark as a signature. The person who provided the information on the COE form is not the worker. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 16 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions COMMENTS 2bi 4c 5 6a 6b Other COE COMMENTS: OME RECOMMENDS (continued) The qualifying move corresponds to school breaks and could be viewed by OME as a return from vacation or a move for personal reasons, not a move for economic necessity whereby the worker sought or obtained qualifying work. In this case, the home visitor should explain why the move away was for economic necessity and not for personal reasons. The mailing address is different from the child’s physical residence; provide the mailing address as a comment. The child(ren) and parent moved from different previous residences. Record the parent’s previous School District/City/State/Country of residence. The child(ren) made the move during the school year, but were not withdrawn. Sample wording includes: o Due to lack of work, family went to Mexico on 12/13/2010 and returned on 01/07/2011 to seek a job in land preparation. Attached is attendance information. o Mom came in to let us know they were leaving due to lack of work and to go to Mexico to tend to their home on 12/15/2010. They returned on 01/26/2011 to find work pruning apple trees. Family was not withdrawn but was gone as attendance indicates. o Students went to California with parents on 12/11/2010 because work was done in area. They returned on 01/20/2011 to work pruning trees. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 17 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions Residency Date -If move to district is a non-qualifying move: If the “Residency Date” is different from the QAD Record the date (MM/DD/YY) that the child(ren) entered the present school district. Use the two-digit number that refers to the month and day, and the last two digits of the year. For example, May 20, 2011, would be written as 05/20/11. If the child(ren) qualified for the MEP on a move prior to the move to the present school district, the residency date will be later than the QAD. If the child(ren) moved prior to the worker’s move, the residency date would precede the QAD. If the “Residency Date” is the same as the QAD, write a dash (-) or “N/A.” CHILD/SCHOOL DATA Name of Eligible Child(ren)as registered in school Child/school data includes the name, sex, birth date, etc. of each child. A home visitor should include all children (ages 0 through 21) with the same family and eligibility data on the same COE. Any child who has different (1) current family *see “Family Data” above for additional definition+ or (2) eligibility data—including a different QAD—must be documented on a separate COE. Remember children born on or after the last Qualifying Arrival Date are NOT eligible. Also, students who have graduated from high school or who have received a GED in the USA should not be listed on the COE. Note: According to Washington State Attorney General the school district can at its discretion decide if they wish to enroll students who have graduated from another country. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 18 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions CHILD/SCHOOL DATA Name of Eligible Child(ren)as registered in school Last Name 1 & 2 Record the legal last name of each eligible child in the family. If the child has a multiple or hyphenated last name (i.e., Ramírez-García), record the first and second last names. First name Record the legal first name of each eligible child in the family. This is the name given to the child at birth, baptism, or during another naming ceremony, or through a legal name change. Do not record nicknames or shortened names (i.e., Ale or Alex for Alejandra). Middle name Record the legal middle name of each eligible child in the family. This is the secondary name given to the child at birth, baptism, or during another naming ceremony, or through a legal name change. Do not record nicknames or shortened names (i.e., Ale or Alex for Alejandra). If the child does not have a middle name, write a dash (-) or “N/A.” Suffix Where applicable, record the child’s generation in the family (i.e., Jr., Sr., III, 3rd). Otherwise, write a dash (-) or “N/A.” Student ID Indicate the Washington State Migrant Student Information System assigned migrant student ID number. Sex Record the child’s sex: “M” for male or “F” for female. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 19 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions CHILD/SCHOOL DATA Name of Eligible Child(ren)as registered in school Birth Date Record the month, day and year the child was born. Use the two-digit number that refers to the month and day, and the last two digits of the year. For example, September 20, 2010, would be written as 09/20/10. A birth certificate is the best evidence of the child’s birth date, if available. If a birth certificate is not available, the interviewer may use another document to confirm the child’s birth date, including any of those listed below. The codes bolded below are the most commonly used codes in Washington State: Code 03 04 05 06 07 08 09 10 Verification Baptismal or Church Certificate Birth Certificate Entry in Family Bible Hospital Certificate Parent’s Affidavit Passport Physician’s Certificate Previously verified School Records Code 11 12 13 82 99 Verification State-issued ID Driver’s License Immigration Document Life Insurance Policy Other If written evidence is not available, the interviewer may rely on a parent’s or emancipated youth’s verbal statement. In such cases, the interviewer should record “99” – the number that corresponds to “other.” Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 20 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions CHILD/SCHOOL DATA Name of Eligible Child(ren)as registered in school Multiple Birth Flag (MB) Record “Y” for “yes” if the child is a twin, triplet, etc. Write a dash (-) or “N/A” for not applicable (i.e., the child is not a twin, triplet, etc.). Birth Place Record the city, state and country in which the child was born. Must be designated by an abbreviation, i.e., Patzcuaro, MC, MEX. Use two-digit abbreviations for state and three-digit abbreviations for country. A listing of Mexico Cities/Villages and States is available in the appendix of this handbook. MSIS Enrollment The enrollment portion is to be completed by the records clerk only if the child is going to be enrolled in the MSIS using the COE as the enrollment document. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 21 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions PARENT/GUARDIAN/SPOUSE/WORKER AUTHORIZTION AND SIGNATURE The interviewee signs and dates the COE on the day the interview is conducted. The interviewee must also write his or her relationship to the child. Ensure the paragraph is read (statement is also printed in Spanish): I understand the purpose of this form is to help the State determine if the child(ren)/youth listed on this form is/are eligible for the Title I, Part C, Migrant Education Program. To the best of my knowledge, all of the information I provided to the interviewer is true. AND Check the appropriate box(es) if parent(s), guardian(s) or authorized representative grants permission for information to be shared with HEP/CAMP programs and/or grants permission for the child(ren) to receive a migrant physical examination The person who signs the COE must be the source of the information contained in the document and should verify any information provided by another source. If the parent is unable to sign his or her name, the parent must mark an “X” in the signature section and the home visitor must print the parent’s name and relationship to the child in the Comments section. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 22 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions ELIGIBILITY CERTIFICATION The home visitor signs and dates the COE on the day the interview is conducted. I certify that based on the information provided to me, which in all relevant aspects is reflected above, I am satisfied that these children are migratory children as defined in 20 U.S.C. 6399(2) and implementing regulations, and thus eligible as such for MEP services. I hereby certify that, to the best of my knowledge, the information is true, reliable, and valid and I understand that any false statement provided herein that I have made is subject to fine or imprisonment pursuant to 18 U.S.C. 1001. Signature of Interviewer, Date Signature of Designated SEA Reviewer, Date A minimum of one SEA-designated reviewer must check each completed COE to ensure that the written documentation is sufficient and that, based on the recorded data, the child(ren) may be enrolled in the MEP. The SEA-designated reviewer must sign and date the COE on the day it was reviewed. Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 23 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Certificate of Eligibility Instructions REVALIDATION Revalidations must be completed one (1) year after qualifying arrival date and annually thereafter. School district staff must contact each eligible migrant family on an annual basis to ensure they identify and serve their priority for services students. Conducting the revalidations on an annual basis will ensure priority for services students are identified in the MSIS. REVALIDATIONS How To do a Revalidation: Home visits to families Registration at the beginning of the school year Parent Conferences – set up a booth Letter to parents at the beginning of the school year Telephone calls to parents Working with the records clerk about families coming and going Parent Advisory Committee (PAC) meetings English Language Learners (ELL) coaches – who can provide a list of students Word of mouth through other parents To Collect/Report the Data: When revalidation verification is complete, obtain parent’s signature or indicate “per phone call” with date and initials Forward the information to the records clerk for entry into the MSIS Can Records Clerks Assist with the Process: Forward COEs to the home visitor on a monthly basis for upcoming moves Report information into the MSIS when revalidations are complete Forward report to home visitors and federal project directors monthly Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 24 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Process Two steps to follow as you process and complete a COE should be to always ensure that: COEs are accurate, legible and neat. COEs are reviewed before processing. Correcting Errors on the COE When errors or corrections are made on any part of the COE: Parent/guardian/student initials are required. Corrections must be neat and readable. If completing a new COE to replace one that was incorrectly completed, indicate the following in the comment section: ―This COE replaces COE #‖ Changes on the COE are to be made on the parent's pink copy whenever possible. Do not use white out. A new COE will need to be completed if white out is used. Do not send voided COEs to the MSDR office. Basic Steps to Ensure the COE is Completed Correctly Review entire COE for blanks—fill in the blanks. Compare birth dates with Qualifying Arrival Date (QAD). Birth dates cannot be after the QAD. Compare the interviewer date with parent signature date, these dates must be the same. The QAD date cannot be after the signature dates. Scrutinize the QAD section. Are all boxes checked? Is the date and location correct? Does the qualifying activity match the qualifying arrival date? Are comments needed if an early/late move or "to join move" was made and as indicated in the ―Qualifying Move and Work Data Section?‖ Have corrections to the COE been made according to the above procedures? Have copies of the COE been distributed correctly? Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 25 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Tools to complete the Certificate of Eligibility Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 26 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Tools to complete the Certificate of Eligibility Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 27 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY The Certificate of Eligibility-SAMPLE Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 28 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY Challenged COE Form Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 29 Section 5 COMPLETING THE CERTIFICATE OF ELIGIBILITY COE Completion & Eligibility Questions Identification & Recruitment Handbook Section 5: Completing the Certificate of Eligibility, Page 30 Section 6 LOCAL I/R RESPONSIBILITY 1. Post flyers around your community include your name and contact phone number 2. Update your home visitor logs on a daily basis 3. Remember 61% of your time should be ―active‖ Identification and Recruitment 4. Have a list of resource within your community for your migrant families 5. Get to know the community and school district boundaries Identification & Recruitment Handbook Section 6: Local I/R Responsibility Section 6 LOCAL I/R RESPONSIBILITY State Identification and Recruitment Guidelines for Local Educational Agencies A local school or agency must comply with federal and state I/R guidelines and standards. The guidelines follow: Ample time to conduct I/R activities must be assured. Duties other than I/R responsibilities should not be assigned to the migrant funded portion of the home visitor's time. Eligibility interviews should be held in the dominant language of the interviewee. The school district/agency must clarify to OSPI how this is to be accomplished if the home visitor does not meet this language requirement. Flexible work hours are essential including a work schedule to accommodate impaction and the parent's daily work day/shift. A home visit should be made to determine the reason for a migrant student's absence from school at least 2-3 school days from the last date attended. If this service is provided to non-migrant students with basic or other funds, then this service should also be provided to migrant students with basic or other funds. A local job description outlining I/R requirements and activities must be adopted. A sample is included in the Washington State Identification and Recruitment Handbook (page III.2). Training for any local staff members must be provided by the MSDR office prior to I/R activities taking place. LEAs will be required to demonstrate responsibility for active identification and recruitment of migrant students with a 100% COE/eligibility accuracy rate. Active I/R consists of activities that lead to the location of all-migrant families and youth residing within school district boundaries. This includes networking, advertising, searching for and recruiting students outside of the school building and in the communities wherever migrant families may reside. In the absence of meeting this requirement, OSPI will require steps for corrective action as determined in WAC 392-164-410. A migrant home visitor log or other documentation to justify I/R activities is required. Certificates of Eligibility (COE) must be completed accurately according to state and federal guidelines, and must be kept on file according to record retention requirements. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 1 Section 6 LOCAL I/R RESPONSIBILITY State Identification and Recruitment Guidelines Role of the Home Visitor Migrant education is the only federal program that requires recruitment. The home visitor has a very special job. Some reasons why this is so important are: The children of migratory workers are often invisible. They quietly come and go, and do not attract very much attention. Sometimes they attend school on their own, and sometimes they do not. If the children were not recruited, many would not be in school at all. Because the eligibility requirements are complex and are often difficult to interpret, a trained home visitor is necessary to ensure that only eligible children are enrolled in the program. Migrant families tend to be very self-sufficient. They are not accustomed to looking outside of their own family for help. Unless they are recruited into the program, many will not seek out these services. Many migrant families do not speak English in their home, and frequently there are cultural differences between the home and school. For these and other reasons, it is important that someone provide a link between the school and home. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 2 Section 6 LOCAL I/R RESPONSIBILITY Home Visitor Job Description HOME VISITOR JOB DESCRIPTION Directly Responsible to: Federal Programs Director Identification and recruitment includes seeking out and identifying children who potentially qualify for the program, completing the paperwork necessary to establish their eligibility and enrolling them in the program. This includes gathering the information needed to enroll them into the Migrant Student Information System (MSIS). Minimum Qualifications Must be able to read, write and speak fluently in English and/or the language spoken by migrant parents, spouse and/or a student at home. Must be a high school graduate and/or possess a GED. Must be able to work with people, be patient and willing to help parents, and/or student with questions, and provide resources, etc. Must be able to travel and possess a valid Washington State Driver's License and automobile insurance. Must be able to attend regional and state in-service training. Must be flexible, in order to work evening hours when needed. Must be able to complete accurate and timely reports. Must have the ability to develop a liaison role between the home, school and community. Job Description and I/R Activities—Major Responsibilities 1) Actively identify and recruit all eligible migrant children residing in the school district from 0 through 21 years of age. This includes, for example, surveying the area, establishing communication networks, establishing work relations with other community agency personnel, employers and social services. 2) Complete, distribute and maintain a Certificate of Eligibility according to state/federal guidelines for each eligible migrant family immediately upon their arrival in the school district (regardless of whether students are in school or not). (The home visitor must be able to verify that the family has resided within their district boundaries for a minimum of 48 hours. Prior to processing an MSIS enrollment). 3) Annually verify families’ most recent move information. 4) Share information on eligibility of migrant families with preschool programs as appropriate. 5) Provide assistance as a liaison between the home and school. 6) Promote activities between students, parents, educators and communities and assist schools and parents to organize an active Parent Advisory Committee (PAC). 7) Share with migrant parents and students all school services/programs available to them. This includes, instructional program, MSIS, physical exams and alternative educational programs. 8) Network with other agencies providing services to migrant students to ensure a coordinated service-delivery system. 9) Refer migrant families to appropriate health, social or legal services in order to meet the needs of the migrant student's successful participation in school. 10) Prepare documentation such as a home visitor log, which reflects major home visitor activities. 11) Prepare a list, when applicable, of migrant dropout students to be placed on file at Local Educational Agency (LEA). 12) Recruit out-of-school students into educational programs. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 3 Section 6 LOCAL I/R RESPONSIBILITY Home Visitor Activities - Percentage of Time Recommended 61% = Active Identification and Recruitment (I/R) Complete, distribute and maintain a Certificate of Eligibility according to state/federal guidelines for each eligible migrant family immediately upon their arrival in the school district (regardless of whether students are in school or not). (The home visitor must be able to verify that the family has resided within their district boundaries for a minimum of 48 hours). Share information on eligibility of migrant families with preschool programs where appropriate. Prepare a list, when applicable, of migrant dropout students to be placed on file at Local Educational Agency (LEA). Recruit out-of-school students into educational programs Verify families most recent qualifying move on a yearly basis (Revalidation of existing COE) 18% = Home/School Liaison Provide assistance as a liaison between the home and school. Promote activities between students, parents, educators and communities and assist schools and parents to organize an active Parent Advisory Committee (PAC). Share with migrant parents and students all school services/programs available to them. This includes, for example, the instructional program, MSIS, PASS, physical exams and alternative educational programs. 10% = Social Services Assistance Network with other agencies providing services to migrant students to ensure a coordinated service-delivery system. Refer migrant families to appropriate health, social or legal services in order to meet the needs of the migrant student’s successful participation in school. Actively identify and recruit all eligible migrant children residing in the school district from 0 through 21 years of age. This includes, for example, surveying the area, establishing communication networks, establishing work relations with other community agency personnel, employers and social services. 10% = Documentation Prepare documentation such as a home visitor log, which reflects major home visitor activities. 1% = Other Identification and Recruitment Activities Other Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 4 Section 6 LOCAL I/R RESPONSIBILITY Active I/R: Finding Migrant Children Definitions Identification means determining the location and presence of migrant children. Recruitment means making contact with migrant families, explaining the Migrant Education Program (MEP), securing the necessary information to make a determination that the child is eligible for the MEP, and recording the basis of the child’s eligibility on a Certificate of Eligibility (COE). Upon successful recruitment of a migrant family, eligible children may be enrolled in the MEP. This section will provide guidelines on how to identify migrant families by describing various types of surveys. Types of Surveys There are three basic ways to identify migrant families: a) Within the School b) In the Field c) In the Community A. Within the School School and community surveys are conducted on an ongoing basis throughout the project period. New Enrollments – Important sources of information for the home visitor are the records of new enrollments in each plant within the school district or agency. An arrangement should be made in each district or agency regarding access to this information. Things to look for in new enrollments: places of employment; history or change of residence (has the family been in the district before); and occupation of parents B. When to Conduct a Survey A field survey is most often conducted prior to and during the periods of high employment (impaction) in agricultural, horticultural or fishing activities and when an increase or decrease of migrant families occurs in that area. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 5 Section 6 LOCAL I/R RESPONSIBILITY Active I/R: Finding Migrant Children Types of Surveys-continued C. Knowing the Area What to know about the area: Identification of the Migrant Activities agricultural/horticulture fishing Knowledge of the Industry what kind of jobs make up the migrant activity? who are the migrant employers? Knowledge of the Migrant Cycle when do migrants arrive in the area? how long do they stay? Knowledge of Housing for Migrant Workers Knowledge of agencies that provide services to migrant families and the establishment of working relationships with the staff What to ask the School Working through the federal program director, arrange with the school principal or with the superintendent to add questions 1, 2 and 3 from the survey below to the school registration papers: 1. Have you or your family moved within the past three (3) years? Yes No 2. Did the family cross school district boundaries? Yes No 3. Was the move made for the purpose of seeking or obtaining agricultural or fishing related employment? Yes No Registration Help If yes was answered to all three (3) questions, the school or agency registrar would list those students' names. Based on these referrals, the home visitor can then schedule a visit with the student's parent(s) or guardian(s) to determine eligibility. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 6 Section 6 LOCAL I/R RESPONSIBILITY Active I/R: Finding Migrant Children Survey in the Field Employer Survey – Farmer/growers, plant managers, field foremen and employment agencies are contacted in a survey conducted to find out where migrant people are employed. These employers/resources can provide valuable information, may open their personnel lists (of names and addresses) to the home visitor and/or may be able to help make contact with their employees. For this reason, it is very important to establish good working relations with these people prior to impaction. A comprehensive explanation of the Migrant Education Program, its goals and services, and an explanation of the home visitor's role should be provided to these resource persons. Growers associations and state agricultural and fishing groups are also valuable resources for identifying where migrants are employed or if they are self-employed (in the fishing industry, for example). Employers The home visitor should chart all pertinent information gathered from migrant labor employers. This information may be logged using the Home Visitor Form Log. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 7 Section 6 LOCAL I/R RESPONSIBILITY Sample Forms Farm Contact/Employee Survey (available on MSDR website, Resources for HV) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 8 Section 6 LOCAL I/R RESPONSIBILITY Sample Forms Eligibility Survey (available on MSDR website, Resources for HV) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 9 Section 6 LOCAL I/R RESPONSIBILITY Sample Forms Cuestionario de Elegibilidad (available on MSDR website, Resources for HV) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 10 Section 6 LOCAL I/R RESPONSIBILITY Sample Forms Title I Migrant Education Program (available on MSDR website, Resources for HV) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 11 Section 6 LOCAL I/R RESPONSIBILITY Sample Forms Programa de Educaciòn Migrante, Titulo I (available on MSDR website, Resources for HV) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 12 Section 6 LOCAL I/R RESPONSIBILITY Sample Forms Do You Qualify? (available at MSDR website, Resources for HV) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 13 Section 6 LOCAL I/R RESPONSIBILITY Sample Forms ¿Califica Usted? (available on MSDR website, Resources for HV) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 14 Section 6 LOCAL I/R RESPONSIBILITY COE Distribution and Filing Guidelines When a non-migrant funded agency or school district becomes a migrant funded program, the new migrant funded agency/school district will: Use original COEs provided by the MSDR Process enrollment/withdrawals. Update student record with new educational and health information. Maintain original COEs in school district file. ** auditable COE When an LEA or agency ceases to be migrant funded the LEA/agency: Maintains original COEs in their district/agency files. Provides a photocopy of the COE to MSDR Identification and Recruitment Office. When children reside in a migrant funded school district, but are receiving services in a non-migrant funded school district/daycare: The migrant funded school district will: 1. Completes original COE** 2. Provides photocopy of COE to MSDR 3. Maintains original COE in school district file, and MSDR I/R staff will: Use photocopy of COE as original** Indicate on COE where original COE is located Process enrollments and withdrawals Maintain copy in non-project files Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 15 Section 6 LOCAL I/R RESPONSIBILITY COE Distribution and Filing Guidelines When a migrant funded pre-school center closes: A list of students they served, along with photo copies of COEs, should be sent to the school district, allowing the school district to enroll these children into their out-of-school ID. When summer schools serve students from regular school programs: The migrant funded regular school program will: Maintain original COEs** in district files The migrant-funded summer school program will: Process summer enrollments and withdrawals. ** auditable COE Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 16 Section 6 LOCAL I/R RESPONSIBILITY I/R Activities: Recruiting Out -of- School (OOS) Youth Eligible Ages The Title I Migrant Education Program federal regulations state that all children, ages 0 through 21, are eligible to qualify for the program. The federal regulations have further determined school age children to be between the ages of 3 through 21. This age group generates FTE funding for the state. Local education agencies also generate funding for all 3 through 21 year olds enrolled in the MSIS. Out-of-School Youth Whenever youth between 0 through 21 does not enroll in school, he/she becomes known as an OUT-OF-SCHOOL YOUTH. The youth should be identified and enrolled in the MSIS annually using the Out-of-School (OOS) identification code. Where Are They? For purpose of this section, we will address the middle or secondary aged, out-of-school youth. To locate these youths, it is important to consider that they may be living alone or with others of similar age. Driving around the community may yield some leads when observing places where these youths may gather. Some places may be: o o o o o o Laundromats Mini Marts Taco Trucks State Parks Single Housing Complexes Adult Basic Education Classes Posters may be left at these locations with name, address and telephone numbers where the home visitor may be reached. When these youths are interviewed they should be asked if they know of others who may be out-of-school and may qualify for the program. Special Issues The eligibility of out-of-school youth brings up some special issues that are herein highlighted to increase the home visitor's awareness on this special population. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 17 Section 6 LOCAL I/R RESPONSIBILITY I/R Activities: Recruiting Out-of-School (OOS) Youth Graduate and GED Recipients The Department of Education ruled that students who have received their GED or graduated from high school are not eligible to participate in the program. Therefore, these youths are not to be identified on a certificate of eligibility and may not be served with Title I Migrant Education Program funds. Note: According to Washington State Attorney General the school district can at its discretion decide if they wish to enroll students who have graduated from another country. Social Services Assistance: Referrals What Is It? The referral - directing needs to the appropriate resource(s) - is addressed in this handbook because much of the migrant child's educational success is dependent on the family's ability to provide for the physical, emotional and health needs of their children. Federal Register The Federal Register states: Under what conditions may support services be provided? An SEA or an operating agency may provide health, nutritional, social or other support services with migrant education funds if: 1. These services are necessary to enable eligible migratory children to participate effectively in instructional services; and 2. In the case of an operating agency, that agency has first – i. Requested assistance from the SEA in locating and using other Federal/State programs to provide these service s; and ii. Determined that funds or services from other programs are not available and/or are inadequate to meet the needs of the participating migratory children. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 18 Section 6 LOCAL I/R RESPONSIBILITY Social Service Assistance: Referrals State Plan As indicated in the needs assessments conducted throughout the Washington State Migrant Education Program, “migrant students and their families often need assistance from bilingual staff who will provide them information regarding health, welfare, life-management skills, and educational services. Migrant parents also need the support from staff to refer them to these existing agencies in securing services from these agencies.” Social Service Agencies To achieve the above, it is important that the home visitor establish a good working relationship with agency representatives and becomes very familiar with social service agencies. Helpful information to know about the social service agencies is: Name of Agency Location Contact person and phone number Office Hours Service Provided Eligibility Criteria (if applicable) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 19 Section 6 LOCAL I/R RESPONSIBILITY Making the Referral Tips for Making the Referral Assess the needs of the family by gathering the information during an interview with the family, student and other school staff. Upon determination of the family needs, the home visitor should inform the family of the services, which may best meet their needs. The home visitor must review the eligibility requirements of the program to ensure that the client is being referred to the appropriate program. The home visitor may transport the family to the available resources, if necessary. Translation services may be provided, if other translation support is not available. The home visitor may refer a child only if parental consent is granted (when applicable). Confidentiality of information obtained in making referrals should be maintained. Follow Up It is important to follow up on referrals made to ensure that initial needs have been addressed. The home visitor must follow up by contacting the family within two weeks (if agency is statewide) or within two or three days (if agency is local) to inquire as to the results. These contacts may be made either by phone or letter. The home visitor must serve as an advocate for the family. If additional items are necessary to formalize or complete the referral or to obtain the services, the home visitor may take appropriate action at this time. The home visitor must establish a cooperative, mutually helpful relationship with the representatives and social service delivery staff or local agencies, both in follow up activities and in the initial contact. The home visitor must ensure that all contacts and follow ups are appropriately documented. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 20 Section 6 LOCAL I/R RESPONSIBILITY Statewide I/R Activities Eligibility Rulings The MSDR provides the training and is also the state-authorized agent in determining eligibility rulings. The high standard of quality control is maintained by having one office provide uniform statewide information on eligibility criteria. 100% Eligibility Accuracy Rate When necessary, staff at MSDR, and through OSPI determine eligibility in questionable cases. MSDR staff are available to answer questions Monday - Friday, 7:30 a.m. - 4:30 p.m., except holidays and may be reached at 800-274-6084 or 509-837-2712. It is extremely important to ask for and receive proper guidance when addressing eligibility issues. Family Eligibility Reviews (FERs) MSDR conducts local Family Eligibility Reviews (FERs). FERs are conducted for the purpose of verifying the accuracy of interviews. This procedure involves an annual random review of Certificates of Eligibility (COEs) from the school district. The selected families are then interviewed by a trained interviewer to verify the information as documented on the COE is accurate. LEA staff may also request FERs if there is a question on the validity of an existing COE. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 21 Section 6 LOCAL I/R RESPONSIBILITY Examples of Social Service Agencies There are many agencies and organizations, which provide services. The following is only a partial list: Medical Clothing Health Clinics County Health Departments Women, Infants, & Children Program Local Hospitals Community Service Groups (e.g., Lions, Kiwanis, Elks) Children's Orthopedic Hospital Red Cross United Way Programs Shriner's Hospitals Crippled Children’s Hospital Financial Department of Social & Health Services Local Churches Private Non-Profit Organizations Other Related Community Organizations 211 Salvation Army St. Vincent de Paul Goodwill Industries Local Church Groups Community Service Groups Non-Profit Charitable Organizations Food Local Church Groups Salvation Army Community Service Groups Non-Profit Charitable Organizations Local Food Bank Housing Local Churches Community Service Groups Local Housing Authority Landlord/Tenant Associations Housing and Urban Development Growers Associations Legal Columbia Legal Services Local Legal Aid Services Commission on Hispanic Affairs State and Regional Office of Civil Rights Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 22 Section 6 LOCAL I/R RESPONSIBILITY MSIS and I/R Retention Requirements Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 23 Section 6 LOCAL I/R RESPONSIBILITY Home Visitor Log Filling out a home visitor log is the way to keep track of your identification and recruitment activities throughout the school year. You may find the home visitor logs on the home page www.msdr.org under Resources for home visitor. https://www.msdr.org/resources/index_ir.cfm Type in your daily activities and use your own narrative comments, as you enter hours and miles it calculates at the bottom of each page. You can also save this to your desk top and continue working on it and the information is all save and ready for you to print when needed. Note: Consult with your FPD regarding Mileage and reimbursement purposes Home visitor log in Excel document Home visitor log in Word document You can type in your activities, and select from the drop down menus (Means of Contact, Purpose and Narrative Comments) to make your reporting easier. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 24 Section 6 LOCAL I/R RESPONSIBILITY Form: Home Visitor Log Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 25 Section 6 LOCAL I/R RESPONSIBILITY Home Visitor Log Acronyms & Abbreviations DNQ ................... Does Not Qualify COE .................... Certificate of Eligibility NH ...................... Not Home NI ....................... Not Interested NP ...................... No Phone MA ..................... Made Appointment SLP...................... Sent Letter to Parent Disc .................... Disconnected NS ...................... No Show Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 26 Section 6 LOCAL I/R RESPONSIBILITY Putting “Active” Into Active I/R Sometimes we’re stuck in the rut of our everyday routine that we forget some of the common elements of recruiting migrant families in our community. However, if we neglect these activities, some migrant families will certainly go without being identified and served. Mapping the School District Home visitors should have a map of their school district on file which indicates where the migrant or seasonal farm worker housing is located. They should refer to this map and visit the complexes repeatedly throughout the year, but especially during peak harvest seasons, to identify families which are new to the housing units. Networking with Community Agencies and Migrant Employers In order to provide excellent services to our migrant families, home visitors are encouraged to communicate regularly with agencies that provide social services. Posting flyers within the social services will visually inform their clients about the Migrant Education Program as a possible resource. Having a flyer available at social service agency network meetings may encourage possible referrals to eligible families to school district MEP staff. Home visitors should also arrange to visit local packing houses during peak harvest times to identify possible eligible families. Simply handing out flyers during the lunch break or posting flyers in the cafeteria may lead to the identification of families. Leaving flyers at the personnel office and asking that new employees be given the flyer may also prove beneficial. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 27 Section 6 LOCAL I/R RESPONSIBILITY Putting “Active” Into Active I/R Canvass the Community At the time when migrant farmworkers have an obvious presence in your community, home visitors should canvass the area identifying families whose children may not be enrolled in school. Laundromats, community parks, churches and taco trucks are places where migrant families may be identified for program service s. Posting flyers where permitted and making regular visits during peak harvest times will produce positive results. Plan on Getting Out There are migrant families whose children do not attend school. Home visitors will not find them by waiting for them in their school district office. A weekly plan must be established to go out and locate and identify the families. During peak seasons it may mean being out of the office every day. During the winter it may mean not leaving at all. However, having a plan that will be carried out throughout the year is essential. The plan should include when, and where they will go and who they will see. Who develops this plan? Together the home visitor and the federal programs director must carefully plot out this plan. Also, federal programs directors must ensure that other district activities do not interfere in conducting active recruitment, i.e., translation of forms, monitoring the lunch room, etc. Implementing just one of these strategies will not produce tremendous, immediate results. However, when all of these activities are properly coordinated, the end result will be a larger number of migrant children receiving valuable services. Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 28 Section 6 LOCAL I/R RESPONSIBILITY Creating the I/R Plan NOTES: Creating the I/R Plan 1. Mapping Your School District Boundaries 2. Contacts of Local Resources and Community Agencies 3. Plan to get out 4. Identification and Recruitment—The Interview 5. Utilizing the Migrant Student Information System (MSIS) Identification & Recruitment Handbook Section 6: Local I/R Responsibility, Page 29 Section 6 LOCAL I/R RESPONSIBILITY Home Visitor Log Are your home visiting activities appropriate? Do the activities logged fall under: o o o o Active Identification and Recruitment (61%), Home School Liaison (18%), Documentation of I/R Activities (10%) Social Services Assistance (10%) Are your activities supplemental to other home visitor activities carried out through other programs? You should not supplant other home visitors paid through other programs. Community Recruitment Are you surveying the community looking for families Placing flyers on store bulletin boards Visiting Laundromats Are you coordinating continuously with other agencies serving migrant families ECEAP/WSMC/DSHS/Local Food Banks Are you communication regularly with employers likely to hire emigrant families (farm contact form)? Are you visiting/surveying migrant housing camps/sites? Are you conducting evening home visits? Identification & Recruitment Handbook School District Coordination Are you communicating weekly with secretaries in each building to see if new students have enrolled into school? Are you coordinating with records clerk to ensure families are enrolled and withdrawn in a timely manner? Are you reviewing school registration forms as a tool to screen possible migrant families? Certificates of Eligibility (COEs) Are you identifying families in a timely manner? Within 2 weeks of arriving into the school district for non –summer migrations. In September for migrations which occur during the summer. Are you completing COEs for those families leaving the district in the winter and then returning to work in January of February? Are you completing COEs for students not attending school? Section 6: Local I/R Responsibility, Page 30 Section 7 MSIS FOR THE HOME VISITOR 1. Keep up with your COE revalidations run your Unreported Revalidation Report monthly 2. Students are still eligible for 30-60 or 120 day, run your Qualifying Arrival Date Report this will help you stay on top of your students who will soon become end-of-eligibility 3. Pull up your monthly termination report and find your End-ofEligibility students, it’s never too late to interview your families Identification & Recruitment Handbook Section 7: MSIS for the Home Visitor Section 7 MSIS FOR THE HOME VISITOR Eligibility COE Generation Report This report lists COEs generated by a school district for the school year selected. To Access the COE Generation Report Step 1: Under Eligibility Report Title, select COE Generation Report Step 1 Step 2: Select the criteria from the report selection screen Click “Run Report ” Step 3: View the COE Generation Report. Step 2 Step 3 Identification & Recruitment Handbook Section 7: MSIS for the Home Visitor, Page 1 Section 7 MSIS FOR THE HOME VISITOR Eligibility COE Revalidation Report This report lists COE revalidation status as reported in the MSIS for the present school year. Status can be all revalidations, reported revalidations or unreported revalidations. To Access the COE Revalidation Report Step 1 Step 1: Under Eligibility Report Title, select COE Revalidation Report. Step 2: Select the criteria from the report selection screen. Click “Run Report ” Step 3: View COE Revalidation Report. Step 2 Step 3 Identification & Recruitment Handbook Section 7: MSIS for the Home Visitor, Page 2 Section 7 MSIS FOR THE HOME VISITOR Eligibility Possible Missed COE Report This report lists students currently enrolled in your school district who do not have a COE completed by your school district as reported in the MSIS. To Access the Possible Missed COE Report Step 1 Step 1: Under Eligibility Report Title, select Possible Missed COE Report. Step 2: Select the criteria from the report selection screen. Click 05/31/2011“Run Report” Step 3: View Possible Missed COE Report. Step 2 Step 3 Identification & Recruitment Handbook Section 7: MSIS for the Home Visitor, Page 3 Section 7 MSIS FOR THE HOME VISITOR Eligibility Qualifying Arrival Date (QAD) Report This report lists students whose QAD will expire within 30, 60, 90 or 120 days. To Access the Qualifying Arrival Date (QAD) Report Step 1 Step 1: Under Eligibility Report Title, select Qualifying Arrival Date (QAD) Report. Step 2: Select the criteria from the report selection screen Click “Run Report” Step 3: View Qualifying Arrival Date (QAD) Report. Step 2 Step 3 Identification & Recruitment Handbook Section 7: MSIS for the Home Visitor, Page 4 Section 7 MSIS FOR THE HOME VISITOR Eligibility Termination Report This report lists students who have been terminated from the MSIS. Termination reasons are: graduated, deceased, end of eligibility, other or GED. To Access the Termination Report Steps 1 Step 1: Under Eligibility the MSIS Report Title, select Termination Report. Step 2: Select the criteria from the report selection screen Click “Run Report” Step 3: View Termination Report. Step 2 Step 3 Identification & Recruitment Handbook Section 7: MSIS for the Home Visitor, Page 5 Section 8 REFERENCE MATERIALS 1. Useful resources, supplies and valuable tools are available for the migrant home visitor at: www.msdr.org 2. The following are a request away: Certificate of Eligibility (COE) Transfer Packets Pocket Calendars Door Knob Hangers Guidance Books Identification & Recruitment Handbook Section 8: Reference Materials Section 8 REFERENCE MATERIALS School Information This section is provided for the home visitor to insert specific reference material about his/her district. Such information may be kept handy for quick reference and to share with families: HANDY SCHOOL INFORMATION FOR THE ACTIVE HOME VISITOR 1. District graduation requirements and handbooks from the schools in the district 2. Attendance Requirements 3. Bus Schedules 4. Holiday Schedules 5. School Board Policies 6. Parent Conference Days 7. Schedule of Field Trips 8. Handy information for New residents, some examples: Names, addresses and phone numbers of: Utility Services Social services agencies Police Department Phone company Adult learning centers Fire department, etc… 9. Alternative education program brochures and information, if applicable. HEP CAMP PASS 10. Home Visitor Information packet for parents Identification & Recruitment Handbook Section 8: Reference Materials, Page 1 Section 8 REFERENCE MATERIALS Home Visitor Parent Packet Each home visitor has his/her unique way of taking along necessary forms and information during home visits. Having all of the forms, information and supplies needed by a home visitor in a packet may aid in making the job of home visitor more efficient. Below is a suggested sample of what a home visitor parent packet may contain. FORMS: The home visitor may find it useful to have brochures and other information on programs available when identifying and recruiting families. The social services directory is one starting point to begin identifying services/programs in the family’s community. COEs School Enrollment forms (This would include all necessary school information, e.g., registration, immunizations and medical release forms). If applicable. OTHER INFORMATION Migrant Education Program – this would be any information on the National Program, Brochures, handouts, etc. Contact MSDR if more information is needed. Resources Directory – Listing of Social Agencies in the community and surrounding areas. For example daycare centers, WIC, Housing, Job/Employment, Clinics or other community social agencies like DSHS for TANF/Food Stamps and Medical. PAC - Contact the MERO office for information. Home visitor Log, Planner, Map, Miscellaneous Items – It may be helpful to have these items to record dates, referrals, and make appointments. There may be miscellaneous items that each home visitor may find useful. Supplies – This might include a clipboard, several pencils and pens, paper clips, post-it notes, door knob messages, file folders, tooth brushes and tooth paste (can be obtained by Migrant Health or MSDR) etc. Once the necessary forms and items are gathered, place them in a file and take with you on home visits. Identification & Recruitment Handbook Section 8: Reference Materials, Page 2 Section 8 REFERENCE MATERIALS Identification and Recruitment Checklist Home Visitor Log Are the home visitor’s activities appropriate? Do the activities logged fall under: Active Identification and Recruitment (61%) Home School Liaison (18%) Documentation of I/R Activities (10%) Social Service Assistance (10%) Other Identification and Recruitment activities (1%) Are the activities supplemental to other home visitor activities carried out through other programs? The migrant home visitor should not supplant other home visitors paid through other programs. Community Recruitment Surveying the community looking for families Placing flyers on store/church/laundromat bulletin boards Continuous coordination with agencies/churches serving migrant families – ECEAP/WSMC/DSHS, etc. Is the home visitor communicating regularly with employers likely to hire migrant families (farm contact form)? Is the home visitor visiting/surveying migrant housing camps/sites? Is the home visitor conducting evening home visits (for those families not available during the day)? School District Coordination Is the home visitor communicating weekly with secretaries in each building to see if new students have enrolled into school? Is the home visitor cross-referencing the Migrant student list with the Bilingual student list and interviewing those Bilingual families who are not on the Migrant list? Is the home visitor regularly reviewing school registration forms (or survey forms) as tool to screen possible migrant families? Identification & Recruitment Handbook Section 8: Reference Materials, Page 3 Section 8 REFERENCE MATERIALS Identification Certificates Of Eligibility (COEs) Are families being identified in a timely manner? Within two weeks of arriving into the school district for non-summer migrations? In September for migrations which occur during the summer? Are COEs being completed for those families leaving the district in the winter and then return to work in January or February? Are COEs being completed for students not in school? MSDR User Forum MSDR’s User Forum is an online discussion site especially created for Migrant Education staff to use as a tool in assisting and supporting them in their efforts to identify and recruit migrant students in the state of Washington. The forum is operated and managed by the Migrant Student Data and Recruitment Office (MSDR). MSDR USER FORUM https://www.msdr.org/forummvc/overview/?reload=testing#/init Identification & Recruitment Handbook Section 8: Reference Materials, Page 4 Section 8 REFERENCE MATERIALS Qualifying Activities & Crops Identification & Recruitment Handbook Section 8: Reference Materials, Page 5 Section 8 REFERENCE MATERIALS Reference Guide for Certificate of Eligibility Completion Identification & Recruitment Handbook Section 8: Reference Materials, Page 6 Section 8 REFERENCE MATERIALS Mexico Cities and Villages City/Village Abalá Abasolo Abasolo Acahualco Acambaro Acambay Acanceh Acaponeta Acapulco Acateno Acatepec Acatlán Acatlán Acatlán Acatlán Acatlán Acatlipa Acatzingo Acayuca Acayucan Acolman Aconchi Acoxochitlán Actopan Acuaco Acuitzio Aculco Agiabampo Agua Blanca Agua Caliente Agua Caliente Agua Prieta Agua Zarca Agua Caliente Aguascalientes Aguililla Agujita Ahome Ahuacatitlan AhuAcatlán Ahuacoutzingo Ahualulco Ahualulco Ahuazotec Ahuehuetzingo Ahuichila Ajacuba Ajijic Akimal Identification & Recruitment Handbook State YU GJ TM MX GJ MX YU NA GR PU PU GR HG JA OA PU MR PU HG VE MX SO HG HG PU MC MX SO MC CH JA SO SO SI AG MC CU SI MR NA GR JA SL PU PU CU HG JA QR City/Village Alaguinés Alamo Alamos Alazán Aldama Aldama Algodones Allende Allende Allende Almaya Almoloya de Juárez Almoloya del Río Alpoyeca Alpoyeca Altamira Altamirano Altar Altata Altepexi Alto del Moralito Altotonga Alvarado Alvaro Obregón Alzada Almacuzac Almanalco Almatenango del Valle Amatepec Amatlán Amatlán Amayuca Amealco Ameca Amecameca Ameyalco Amomolulco Amozoc Amuzgos Anáhuac Angahuan Angamacutiro Angangueo Angostura Angostura Anteojitos Antiguo Morelos Anton Lizardo Apaseo el Alto State SL VE SO VE CH TM BC CU NL VE MX MX MX GR MR TM CP SO SI PU VE VE VE MC CL MR MX CP MX NA OA MR QE JA MX MX MX PU OA TM MC MC MC SI SL NL TM VE GJ Section 8: Reference Materials, Page 7 Section 8 City/Village Apatzingán Apaxco Apatxla Apitpac Apizaco Apodaca Áporo Apozol Apulco Aquila Aquiles Serdán AQRxtla Arandas Arcelia Arenaol Arista Arizpe Armería Arnaga Arniga Aro de Rosales Arroyo de Agua Arroyo Seco Arroyo Zarco Arteaga Arteaga Arzampa Acencion Atenzingo Atenco Atenquique Atlilalaquia Atizapán Atlacomulco Atlatlahuca Atlatlahucan Atlatonga Atlixco Atongo Atotonilco Atotonilco Atotonilco Atotonilco el Alto Atoyac Atoyac Identification & Recruitment Handbook REFERENCE MATERIALS State MC MX GR CP TL NL MC ZA HG MC CH PU JA GR JA SL SO CL CL CP MC CH BC MX CU MC PU CH PU MX JA HG MX MX MX MR MX PU NL MR PU TL JA GR JA City/Village Axo Chiapan Ayoqueco Ayotla Ayutla Ayotlán Azcapotzalco Azoyú Bavícora Baca Baca dé Huachi Bacalar Bacanora Bacerac Bachimba Bachiniva Bacoachi Bacobampo Bácum Badiraguato Bahía Asunción Bahía de los Angels Bahía de San Carlos Bahía de Tortugas Bahía Kino Bahuichivo Balancan de Dominguez Bamoa Banámichi Banderas Barra de la Cruz Barra de Navidad Barra de Tonalá Barrientos Barroteran Bassoco Batopilas Bavícora Babispe Bayas Becal Becanchen Bejucos Bella Unión Bellavista Benjamin Hill State MR OA MX JA JA DF GR CH YU SO QR SO SO CH CH SO SO SO SI BS BC SO BS SO CH CP SI SO CH OA JA VE MX CU MX CH SO SO DU CM YU MX CU NA SO Section 8: Reference Materials, Page 8 Section 8 City/Village Atzacualco Atzacualoya Autlán Blanquillo Boca de Apiza Boca del Río Bolonchen de Rejon Bonancita Boquillas Buena Vista Buena Vista Buenaventura Buenavista Buenavista Buenavista Tomatlan Burgos Bustamante Cabeceras Cabo San Lucas Caborca Cabullona Cacalotan Cadereyta Cadereyta Caimanero Cajones Calderitas Caleta de Campos Calimaya Calmalli Calpulapan Calvillo Camalú Camargo Camotlán Campeche Cananea Canatlán Cancún Candela Candelaria Canoas Canutillo Carácuaro CapiRío Identification & Recruitment Handbook REFERENCE MATERIALS State MX GR JA CP MC SI CM SO CU BS SO CH CP SL MC TM NL CU BS SO SO SI NL QE SI MX QR MC MX BC TL AG BC TM OA CM SO DU QR CU CM SL DU MC MC City/Village Benstein Bermejillo Bernal Carlos A Carrillo Carmona Casas Cases Grandez Casimiro Castillo Castaños Castillo de Teayo Catarina-Sta Catazaja Catemaco Catorce Cuautla Cayal Cazones Ceballos Celoollas Cedillos Cedral Cedral Celaya Celestún Celulosa Cerocahui Cerralvo Cerritos Cerro de Ortega Cerro Gordo Cerro Gordo Cetocingo Chable Chahuites Chalcatongo Chalchiuites Chalco Chalma Chamela Champotón Chapa de Moto Chapala Chapalilla Chapingo Chapopote State PU DU QE VE MX TM CH JA CU VE BC CP VE SL JA CM VE DU DU CH MX SL GJ YU CH CH NL SL CL DU MX GR CP OA OA ZA MX MX JA CM MX JA NA MX VE Section 8: Reference Materials, Page 9 Section 8 City/Village Capultitlán Carapan Carbó Cardel Cárdenas Cárdenas Chavarria Chavez Chemax Chencoyi Cherán Chetumal Chiapa de Corzo Chiautla de Tapis Chichen Itza Chiconautla Chicontepec Chicxulub Chietla Chignahuapan Chihuahua Chila de la Sal Chilapa Chilapa de Diaz Chilmalhuacán Chilpancingo Chiltepec Chimalpa China China Chinacates Chinconcuac Chipilo ChirRíones Choix Cholula Chontalpa Churumuco Cibuta Ciénega Ciénega de Flores Cieneguillas Cihuatlán Cintalpa Ciudad Acuña Identification & Recruitment Handbook REFERENCE MATERIALS State MX MC SO VE SL TB MR CU YU CM MC QR CP PU YU MX VE YU PU PU CH PU GR OA MX GR OA MX CM NL DU MR PU SO SI PU TB MC SO DU NL MX JA CP CU City/Village Chapulco Chapultepec Chapuluacán Charapan Charay Charcas Ciudad del Maíz Ciudad Guerrero Ciudad Guzmán Ciudad Hidalgo Ciudad Hidalgo Ciudad Ixtepec Ciudad Jiménez Ciudad Juárez Ciudad Madero Ciudad Mendoza Ciudad Monte Ciudad Obregón Ciudad Pemex Ciudad Sahagún Ciudad Santos Ciudad Serdán Ciudad Valles Ciudad Victoria Coacalco Coacoyunga Coahuayana Coahuila Coajomulco Coalcomán Coatepec Coatepec Coatepec Harinas Coatetelco Coatzacoalcos Coatzingo Coba Cocoyoc Cocoyotla Cocula Coeneo Cohuibampo Colima Colomo Colnett State PU MR HG MC SI SL SL CH JA CP MC OA CH CH TM VE TM SO TB HG SL PU SL TM MX PU MC SO MX MC MX VE MX MR VE PU QR MR MR JA MC SI CL CL BC Section 8: Reference Materials, Page 10 Section 8 City/Village Ciudad Alemán Ciudad Alemán Ciudad Altamirano Ciudad Anáhuac Ciudad Camargo Ciudad Constitución Ciudad Cuauhtémoc Ciudad del Campo Ciudad del Carmen ColorInés Colotlán Colotlipa Comacalco Comanja Comitan Comonfort Compostela Concepción del Oro Concho Concordia Coneto de Comonfort Contreras Córdoba Coronel Corralejo Corralitos Cortazar Coruco Cosala Cosamaloapan Coscomatepec Cosío Costa de Careyes Costa Rica Costa Rica Cotija Coyame Coyote Coyotepec Coyuca de Benítez Coyuca de Catalán Creel Crucero Juárez Cruillas Cruz Grande Identification & Recruitment Handbook REFERENCE MATERIALS State TM VE MC NL CH BS CP MX CM MX JA GR TB MC CP GJ NA ZA CH SI DU DF VE TM GJ CH GJ MX SI VE VE AG JA SI SO MC CH CU MX GR GR CH CU TM GR City/Village Colonia Colonia Alvaro Obregón Colonia Búfalo Colonia Gonzales Ortega Colonia Guerrero Colonia Militar Colonia Nueva Delicias Colonia Unesco Colonia Yucatán Cuerámaro Cuernavaca Cuetzalán Cuicatlán Cuichapa Cuitláhuac Cuitzeo Culiacan Culiacancito Cumpas Cusarare Cuyamaloya Cuyutlán Danxho Delicias Dimas Dinamita Doctor Belisario Dominguez Dolores Hidalgo Don Martín Donato Guerra Dongu Dos Aguas Doxhev Dr. Arroyo Dr. Coss Dr. González Dublan Durango Dzilbalchén Dzidzantún Dzilam de Bravo Dzilam González Dzitás Dziuche E. Montes State HG CH CH ZA BC SO CH CP YU GJ MR PU OA VE VE MC SI SI SO CH HG CL MX CH SI DU CH GJ CU MX MX MC HG NL NL NL CH DU CM YU YU YU YU QR QR Section 8: Reference Materials, Page 11 Section 8 REFERENCE MATERIALS City/Village Cuajinicuilapa State GR Cuantitlan MX Cuatepin Cuatro Caminos CuatroCiénegas Cuauhtémoc Cuautepec Cuautitlan Cuautla Cuautlixco Cucurpe Cuencamé El Carmen El Carrizal El Carrizo El Cercado El Charquillo El Chilicote El Cuyo El Datil El Descanso El Desemboque El Divisadero El Ebano El Eorado El Espia El Fuerte El Fuerte El Gallo El Golfo de Santa Clara El Grullo El Higo El Higueron El Huizache El Jabalí El Jocote El Limón El Limón El Limón El Mayorazgo El Mogote El MorRíor El Mulato El Mulato GR MD CU CH HG MX MR MR SO DU PU SO SI NL SL CH YU SO BC SO CH SL SI CH SI ZA SI SO JA VE MR SL CL CP JA NA TM MX GR CH CH TM Identification & Recruitment Handbook City/Village Ecatepec Morelos Ejido de los Heroes de la Indépendencia Ejido Erendira Ejido Puebla Ejutla El Alamo El Arco El Bañito El Bosque El Bosque El Calabazal El Rincón El Camarón El Rosal El Rosario El Salitre El Salto El Salto El Salvador El Salvador El Sauz El Sauzal El Seco El Socorro El Sueco El Sumidero El Tejón El Tigre El Topo El Triunfo El Triunfo El Tuito El Tule El Vergel El Zape El Zapote Elota Emiliano Zapata Emiliano Zapata Emiliano Zapata Empalme Empalme Encarnación de Días Ensenada State MX BC BC BC OA BS BC SL CP MX ZA JA OA MX BC MX DU MX MX ZA CH BC PU BC CH CP TM CH BC BS TB JA OA CH DU MC SI CP CU MR TM SO JA BC Section 8: Reference Materials, Page 12 Section 8 City/Village El Naranjo El Naranjo El Naranjo El Ocote El Ocotito El Oeseo El Oro El Oro de Hidalgo El Palmito El Palmito El Porvenir El Progreso El Quelite El Refugio El Refugio Estación Charcas Estación Llano Estación Macuspana Estación Madero Estancia Estanco Estapilla Etchojoa Etzatlán F.I. Madero Felipe Carrillo Puerto Felipe Carrillo Puerto Felipe Pescador Filisola Finisterre Forlón Fortin de los Flores Fresnillo FRío Frontera Frontera Comalapa Fronteras Gabriel Zamora Galeana Galeana Gallego Garro Gaspar General Bravo General Cepeda Identification & Recruitment Handbook REFERENCE MATERIALS State GR SL VE HG GR SO CU MX DU SI CH BC SI BS HG SL SO TB CU MX MX TB SO JA DU MC QR ZA VE CU TM VE ZA ZA TB CP SO MC CH NL CH VE MX NL CU City/Village Entroque Axixintla Entroque El Huizache Epatlán EpAzoyúcan Erendia Escalón Escárgeca Escondida Esqueda Escuiapa Escuintla Esmeralda Españita Esperanza Espita Guadalupe Victoria Guadalupe y Calvo Guamuchil Guanajuato Guanoro Guasave Guatimape Guaymas Guelatao Guemes Guerrero Guerrero Negro Guisamopa Hacienda de Guadalupe Hacienda Ixtapan Halachó Haltunchen Hauchinera Hecelchakán Hermosillo Hidalgo Hidalgo Hidalgo del Parral Hidalgo Yalalag Higueras Hincada Hipólito Hoctún Hool Hopelchén State GR SL PU HG MC CH CM SO SO SI CP DU TL SO YU PU CH SI GJ MC SI DU SO OA TM CU BS SO CU MX YU CM SO CM SO NL TM CH OA SI SL CU YU CM CM Section 8: Reference Materials, Page 13 Section 8 City/Village General E. Estrada General Terán General Treviño General Trias Gómez Farías Gómez Farías Gómez Farías Gómez Palacio González Grufus Guachochi Guadalajara Guadalupe Guadalupe Guadalupe Guadalupe Guadalupe Bravo Guadalupe Victoria Huejutla Huépac Huetamo Hueyapan Hueyotlipan Huichapan Huichihuayan Huimanguillo Huitzilac Huitzo Huitzuco Huivalai Huixquilucan Huixtla Hunucmá Ignacio de la Llave Ignacio Zaragoza Iguala Imuris Indaparapeo Indé Irapuato Irimbo Irolo Isla Isla Aguada Iturbide Identification & Recruitment Handbook REFERENCE MATERIALS State ZA NL NL CH CH CU TM DU TM NL CH JA BC NL SO ZA CH DU HG SO MC MR TL HG SL TB MR OA GR SO MX CP YU VE CH GR SO MC DU GJ MC HG VE CM CM City/Village Horqueta Huajintlan Huajuapan de Léon Huamantla Huamuxtitlán Huaniqueo Huanusco Huaquechula Huásabas Huatabampo Huatusco Huauchinango Huehuetan Huehuetlán Huehuetlán el Chico Huejotzingo Huejucar Huejuquilla el Alto Jacala Jacona Jaimes Jairpo Jajalpa Jala Jalapa Jalapa Jalapa de Diaz Jalapa del Márquez Jalcocotán Jalisco Jalostotitlán Jalpa Jalpa de Méndez Jalpan Jaltipan Jamiltepec Jamulco Janateteleo Janos Jaralillo Jasso Jaulillas Jaumave Jazmin Jerécuaro State GR MR OA TL GR MC ZA PU SO SO VE PU CP PU MR PU ZA JA HG MC TM MC MX NA TB VE OA OA NA NA JA ZA TB QE VE OA NA MR CH JA HG PU TM MX GJ Section 8: Reference Materials, Page 14 Section 8 City/Village Iturbide Iturbide Ixcamilpa Ixcateopan Ixcauixtla Ixmiquilpan Ixtapa Ixtapa Ixtapalapa Ixtapan de la Sal Ixtapan del Oro Ixtapantongo Ixtlahuaca Ixtlahuacán del Río Ixtlán de Juárez Ixtlán de los Hervores Ixtlán del Río Izamal Izucar de Matamoros J. Coloma J.G. Aguilera Juchitán Juchitán Juchitlán Juitepec Julimes Jungapeo Juventino Rosas Kanasín Kantunil Kinchil La Ascención La Barca La Barra La Boquilla La Bufa La Bufadora La Cadena La Capilla La Cima La Ciudad La Colorada La Concordia La Cruz La Cuesta Identification & Recruitment Handbook REFERENCE MATERIALS State MX NL GR GR PU HG CP GR DF MX MX MX MX JA OA MC NA YU PU TB DU JA OA JA MR CH MC GJ YU YU YU NL JA VE PU CH BC DU OA DF DU SO HG SI CU City/Village Jeréz de García Salinas Jesús Carranza Jilotepec Jiménez Jiquilpan Jiquipilco Jitotol Joachin Jocotepec Jocotitlán Jojutla Joquicingo Juan Aldama Juan Diaz Covarrubias Juan Rodríguez Clara JuanAcatlán Juárez Juatlaco Juchatengo Juchipila Juchitán La Piedad La Placita La Poza Grande La Puerta La Purísima La Quemada La Resolana La Rosa La Rosita La Rumorosa La Sauceda La Sauceda La Soledad La Tinaja La Trinitaria La Unión La Unión La Vega La Venta La Ventosa La Ventura La Viga La Zarca Lagos de Moreno State ZA VE MX TM MC MX CP VE JA MX MR MX ZA VE VE JA CH MX OA ZA GR MC MC BS BC BS GJ DU CU CU BC CU GJ NL PU CP GR QR JA DF OA CU SL DU JA Section 8: Reference Materials, Page 15 Section 8 City/Village La Cuesta La Escondida La Esmeralda La Flor La Fundición La Gavia La Gloria La Granja La Huacana La Huerta La Jarita La Junta La Labor La Marquésa La Mesa La Mimbrera La Mira La Mula La Orilla La Paz La Paz La Paz La Perla La Pesca Las Vigas Lázaro Cárdenas Lázaro Cárdenas Lecheria Ledón Léon Léon Fonseca Léon Guzmán Léona Vicario Lerdo Lerdo de Tejeda Lerma Lerma Libre Unión Libres Limónes Limónes Linares Linos Llano Blanco Llano Enmedio Identification & Recruitment Handbook REFERENCE MATERIALS State DU NL CU DU MR NL NL VE MC JA NL CH NA MX VE DU MC CH MC BS NL SL CH TM VE CH MC MX BC GJ SI DU QR DU VE CM MX YU PU MX QR NL CU SO VE City/Village Lagunillas Lagunillas Lampazos Landa de Matamoros Las Anacuas Las Bocas Las Cañas Las Choapas Las Cruces Las Cruces Las Cruces Las Delicias Las Estacas Las Estancias Las Mangas Las Margaritas Las Nieves Las Norias de Conde Las Palomas Las Peñas Las Piedras Las Tablas Las Varas Las Varas M. Limónes Macho de Agua Macuiltianguis Macuspana Madera Magdalena Magdalena Majahual Malacota Malinalco Malinaltenango Malpaso Mama Maneadero Manuel Manuel Doblado Manzanillo Mapatepec Mapimí Maravatío Marmol State GR MR NL QE NL SO MC VE BS CP GR CU MR CU CU CP DU SL CH MC NA SL CH NA VE MC OA TB CH JA SO QR MX MX MX ZA YU BC TM GJ CL CP DU MC SI Section 8: Reference Materials, Page 16 Section 8 City/Village Llano Grande Llera Loma Bonita Lomas del Real Loreto Loreto Los Adames Los Barriles Los Campos Los ChirRíones Los Herrara Los Herreras Los Hoyos Los Mochis Los Muchachos Los Mungias Los Ojitos Los Remedios Los Reyes Los Reyes Los Reyes Los Sabinos Los Sabinos Los Volcanes Luis Moya Luis Moya Luvianos Metepec Metepec Metzquititlan Metztitlan Mexcaltitán Mexicali Mexicalzingo Mexico-Ciudad de Mextepec Mexticacán MiAcatlán Miahuatlan Mier Miguel Auza Milpa Alta Milpas Viejas Milpillas Mina Identification & Recruitment Handbook REFERENCE MATERIALS State MX TM VE TM BS ZA ZA BS AG SO DU NL SO SI CU TM SI MX DF MC MX GR MX JA DU ZA MX MX PU HG HG NA BC MX DF MX JA MR OA TM ZA DF NA GR NL City/Village Mascota Matamoros Matamoros Matanzas Matatán Matehuala Matías Romero Matinez de la T. Matlapa Maxcanú Maycava Mazamitla Mazapil Mazatán Mazatepec Mazatlán Melchor Ocampo Melchor Ocampo Mena Méndez Méndez Meoqui Meresichi Merida Mesa de San Miguel Mezquital Mesquitic Motul Movas Moyahua Moyotepec Mulegé Muna Múzquiz Nacimiento de los Negros Naco Nacori Chico Nacozari Nanacamilpa Nanchinal Navolato Naranjo Naranjos Naucalpan Nautla State JA TM CU JA SI SL OA VE SL YU SO JA ZA SO MR SI CU MX TL TM VE CH SO YU SI DU SL YU SO ZA MR BS YU CU CU SO SO SO TL VE SI SI VE MX VE Section 8: Reference Materials, Page 17 Section 8 City/Village Minatitlán Minatitlán Mineral del Monte Miraflores Miraflores Misantla Mitlan Mixcoac Mixtlán Mochicahui Mochitlán Mococha Mocorito Moctezuma Moctezuma Mocuzan Monclova Monjas Monte Escobedo Monte Escobedo Montemorelos Montepio Monterrey Morcillo Morconto Morelia Morelos Morelos Canada Moroléon Motozintla Oacalco Oakie Landing Oaxaca Oaxtepec Obayos Ocampo Ocampo Ocampo Ocampo Ocoroni Ocosingo Ocotepec Ocotepec Ocotlán Ocotlán Identification & Recruitment Handbook REFERENCE MATERIALS State CL VE HG BS MX VE OA DF JA SI GR YU SI CH SO SO CU CU JA ZA NL VE NL DU SI MC CU PU GJ CP MR BC OA MR CU CH GJ MC TM SI CP HG MR JA OA City/Village Nava Navarrete Navojoa Nayar Nazas NCP Monclova NCP Nueva Coahuila Nepantla Nextlalpan Nicolás Romero Nieves Nochistlán NochIxtlán Nogales Nogales Nombre de Dios Nonoava Nopala Nueva Alemánia Nueva Ciudad Guerrero Nueva Rosita Nuevas Casas Grandes Nuevo Laredo Nuevo Morelos Nuevo Padilla Nuevo Progreso Nuevo Santo Tomás Nuevo X-Can Nuñez Nuri Paila Pajacuarán Palenque Palizada Palizada Palma Sola Palmar Chico Palmillas Palmira Palo Alto Palomares Palpan Panabá Pánuco Panzacola State CU NA SO NA DU CM CM MX MX MX ZA ZA OA CH SO DU CH OA CP TM CU CH TM TM TM TM MX QR SL SO CU MC CP CM MX VE MX TM SL TM OA MR YU VE TL Section 8: Reference Materials, Page 18 Section 8 City/Village Ocotoxco Ocoyoacac Ocozocoautla Ocuilan Ojinaga Ojitlán Ojo Caliente Ojos Negros Ojuelos Olinála Ometepec Ometepec Opedope Opichén Opopeo Oputo Oquitoa Oriental Orizaba Orizatlan Oroz Orranteno Ortiz Otinapa Otocutia Otomba Otzoloapan Oxkutzcab Oxtotepec Ozumba Ozumbilla Pachuca Padilla Petlalcingo Peto Piaxtla Pichilingue Pichucalco Pie de la Cuesta Piedras Negras Piedras Negras Piedras Verdes Pijijapan Pilcaya Pimas Identification & Recruitment Handbook REFERENCE MATERIALS State TL MX CP MX CH OA ZA BC JA GR GR PU SO YU MC SO SO PU VE HG SO CH SO DU MC MX MX YU DF MX MX HG TM PU YU PU BS CP GR TL VE CH CP GR SO City/Village Papaloapan Papanoa Papantla Paracho Parácuaro Paraíso Paraje Minas Parás Paredón Parras Parrilla Pascuales Paso de Cortéz Paso de Ovejas Paso de San Juan Paso del Toro Pathe Pátzcuaro Pedernales Pedernales Pedricena Pedro Montoya Piedras Negras Peñafiel Pénjamo Pénjamo Peñón Blanco Peon Peribán de Ramos Perote Pesquería Chica Petaquillas Petatlán Puerto Peñasco Puertecitos Puerto Angel Puerto Arista Puerto Ceiba Puerto Chale Puerto de la Libertad Puerto Escondido Puerto Juárez Puerto Lopez Mateos Puerto Madero Puerto Magdalena State OA GR VE MC MC TB MX NL CP CU DU CL MX VE VE VE MX MC MC CH DU SL CU PU BS GJ DU SO MC VE NL GR GR SO BC OA CP TB BS SO OA QR BS CP BS Section 8: Reference Materials, Page 19 Section 8 City/Village Pinal de Amoles Pinos Pinotepa Nacional Pihuamo Piste Pitiquito Placer Plan de las Hayas Plateros Platón Sánchez Playa Azul Playa de Santiago Playa del Carmen Playa General Lauro Villar Playa los Corchos Playa Novillero Playa Vicente Pochutla Polyuc Porfirio Díaz Porvenir Potam Potosí Potrero del Llano Poxila Poza Rica Pozo Alemán Pozos Praxedis G. Guerrero Progreso Progreso Progreso Providencia Pachuquilla Puebla Puente Río Hondo Rincón de Romos Rincón de Tamayo Rincónada Río Bravo Río Frío Río Grande Río Grande Río Lagartos Río Verde Identification & Recruitment Handbook REFERENCE MATERIALS State QE ZA OA JA YU SO QR VE ZA VE MC CL QR TM NA NA VE OA QR MX NL SO NL VE YU VE BC GJ CH CU MX YU NL HG PU MX AG GJ VE TM MX OA ZA YU SL City/Village Puerto Marqués Puerto Real Puerto Santo Tomás Puerto Vallarta Pujal Punta Abreojos Punta Final Punta Palomas Punta Prieta Purépero Purificación Pururándiro Putla Quechultenango Querétaro Quiroga Quitovac Raboso Ramos Arizpe Rancho Bizani Rancho Chapala Rancho El Crucero Rancho Grande Rancho San José de Castro Raudal del Malpaso Rayón Rayón Reforma Agraria Refugio Revolcaderos Revolución Mexicana Reynosa Ricardo Flores Magón Riíto Rincón Chamula Rincón de Guayabitos San Bartolo San Bartolo San Bartolo San Blas San Blas San Blas San Bruno San Buenaventura San Carlos State GR CM BC JA SL BS BC OA BC MC JA MC OA GR QE MC SO PU CU SO BC BC ZA BS CP SL SO QR CU DU CP TM CH SO CP NA BS DF DU CU NA SI BS CU BS Section 8: Reference Materials, Page 20 Section 8 City/Village Rizo de Oro Rocheachic Rodeo Romita RosaRío RosaRío RosaRío Junco Rosarito Rosarito Ruiz S. Dimas S.A. Timilpan S.B. del Monte S.B. Morelos S.J. del Sitio Sabinas Hidalgo Sacramento Sahuaral Sahuaripa Sahuayo Salamanca Salinas Salina Cruz Salinas Victoria Saltillo Salto de Agua Salvatierra Samachic Samalayuca San Agustín San Agustín San Alejo San Alejo Saín Alto San Andrés San Andrés Tuxtla San Antonio San Antonio San Antonio de los Alazanas San José del Rincón San José Iturbide San José Purúa San José Viejo San Juan Identification & Recruitment Handbook REFERENCE MATERIALS State CP CH DU GJ DU SI CU BC BS NA CM MX MX MX MX NL CU SO SO MC GJ SL OA NL CU CP GJ CH CH CH BC HG MX ZA VE VE BS DU City/Village San Carlos San Carlos San Cayetano San Cayetano de las Vacas San Ciro San Cristobal San Cristobal de las Casas San Diego San Diego de la Unión San Dionisio San Felipe San Felipe San Felipe de los Alzati San Felipe Progreso San Fernando San Francisco San Francisco de Borja San Francisco de los Reyes San Francisco del Oro San Francisco del Rincón San Francisco las Tablas San Gabriel San Gabriel Chilac San Hipólito San Ignacio San Ignacio San Javier San Javier San Javier San Joaquin San Jorge San José San José Atzacoaloya San José de Comondú San José de Gracia San José de la Brecha San José de los Planes San José de Raices CU TM NA NL SL TL CP CH GJ TL BC GJ MC MX TM MX CH MC CH GJ MX OA PU PU BS SI BS SI SO CM BS CU MX BS BS SI BS NL State CU San José del Cabo BS MX GJ MC BS CH San Roque San Salvador San Sebastian San Simón San Simón BS PU VE BC MX Section 8: Reference Materials, Page 21 Section 8 City/Village San Juan San Juan San Juan Chamula San Juan de Guadalupe San Juan de Sabinas San Juan de los Lagos San Juan de los Llanos San Juan del Río San Juan del Río San Juan Evangelista San Juanito San Juanito San Lorenzo San Lucas San Lucas San Lucas San Luis San Luis San Luis de la Paz San Luis Potosí San Luisito San Marcos San Marcos San Marcos San Martín de las Piramides San Martín Texmelccan San Miguel San Miguel San Miguel Amatepec San Miguel de Allende San Miguel de los Magueyes San Miguel el Alto San Miguel Regla San Pedro San Pedro San Pedro Cholula San Pedro de las Colonias San Pedro Limón San Quintín San Rafael San Rafael San Rafael San Roberto Santo Domingo Identification & Recruitment Handbook REFERENCE MATERIALS State MX VE CP DU CU JA GJ DU QE VE CH NL HG BS DU PU GR SO GJ SL SO CU GR HG City/Village San Tiburcio San Vicente Sánchez Magallanes Santa Ana Santa Ana Chiautempan Santa Anita Santa Barbara Santa Catarina Santa Catarina Santa Catarina Santa Clara Santa Clara Santa Clara Santa Clara Santa Cruz Santa Cruz Santa Cruz Huatulco Santa Elena Santa Engracia Santa Inés Santa Isabel Santa Maria del Monte Santa Maria del Oro Santa Maria del Río ZA BC TB SO TL BS CH BC NL SL DU HG MX YU CU NA OA YU TM BC NA MX NA SL State MX Santa Maria Zacatepec PU PU CU QR MX GJ Santa Mónica Santa Rita Santa Rosa Santa Rosa Santa Rosa HG BS GJ JA QR MX Santa Rosa SO JA HG BS OA MX CU MX BC MX SO VE NL SL Santa Rosa Santa Rosa de Jauregui Santa Rosalía Santiago Santiago Acutzilapan Santiago Astata Santiago de la Peña Santiago Ixcuintla Santiago Papasquiaro Santiago Tianguistengo Santiago Tuxtla Santiago Yosundua Tajitos TL QE BS BS MX CP VE NA DU MX VE OA SO Section 8: Reference Materials, Page 22 Section 8 City/Village Santo Tomás Santo Tomás Santo Tomás Apipilhuasco Saric Sasabe Sauceda Saucillo Sauta Sayula Sayula Sayulita Senguio Sesvania Seybaplaya ShIndéjo Sierra Mojada Sihochac Sila de Vega Silao Silvituc Simojovel Sinaloa de Leyva Singuilucan Sinoquipe Siqueros Sisal Soledad Soledad Soledad de Doblado Solis Soltepec Solusuchiapa Sombrerete Sonorita Sontecomapan Soto la Marina Soyalo Soyaniquilpan Soyopa Suchixtepec Sucila Sultepec Suma Tabasco Tacámbaro Identification & Recruitment Handbook REFERENCE MATERIALS State BC HG MX SO SO ZA CH NA JA VE NA MC BC CM MX CU CM OA GJ CM CP SI HG SO SI YU HG SL VE MX TL CP ZA SO VE TM CP MX SO OA YU MX YU ZA MC City/Village Tala Talchaquillo Talismán Talpa de Allende Tamán Tamaseno Tamasopo Tamazula Tamazulapan Tamazunchale Tamiahua Tampico Tampico Alto Tamuín Tanacuayalab Tangancícuaro Tanguian Tantoyuca Tapachula Tapalpa Tapanatepec Tapaxco Taretan Tasquillo Tatetla Taxco Teabo Teacalco Teapa Tecajete Tecalitlan Tecamac Tecamachalco Tecapah Tecate Tecozantla Tecpan Tecuala Tehuacán Tehuantepec Tehuantepec Tehuetlan Tehuitzingo Tehuixtla Tejalpa State JA YU CP JA SL TM SL JA OA SL VE TM VE SL SL MC SL VE CP JA OA MX MC HG PU GR YU TL TB HG JA MX PU SI BC HG GR NA PU MC OA HG PU MR MR Section 8: Reference Materials, Page 23 Section 8 City/Village Tacotalpa Tacuba Tejupilco de Hidalgo Tekax Tekik de Regil Telchac Telchac Puerto Telixtlahuaca Teloloapan Temascalapa Temascalcingo Temascaltepec Temax Temazcal Temixco Temósachi Tempoal Tenabo Tenancingo Tenango Tenango de Arista Tenapache Tenaxpa Tenosique Teocaltiche Teocelo Teoloyuacan Teopantlan Teopisca Teotihuacan Teotitlán Tepakán Tepalcatepec Tepalcingo Tepatitlan Tepatlaxco Tepaxco Tepeaca Tepeapulco Tepechitlán Tepehuanes Tepeji del Río Tepenene Tepeojuma Tepetixtla Identification & Recruitment Handbook REFERENCE MATERIALS State TB MX MX YU YU YU YU OA GR MX MX MX YU OA MR CH VE CM MX PU MX VE GR CP JA VE MX PU CP MX OA YU MC MR JA PU MX PU HG ZA DU HG PU PU MX City/Village Tejocotal Tejocote Tepeyanco Tepic Tepic Tepotzotlán Tepoztlán Tequexquipan Tequila Tequisquiapan Tequisquitengo Tetecala Tetela de Ocampo Tetipac Tetitlán Tetitlán Texcaltitlán Texcalyacac Texcoco Texquisistlán Teyuca Teziutlán Tezoatlán Tezontepec Tezopaco Tezoyuca Ticul Ticumán Tierra Blanca Tierra Blanca Tierra Colorada Tierra y Libertad Tihosuco Tihuatlan Tijuana Tilzapotla Tinaja Tingambato Tinguindín Tiquicheo Tlxkokob Tixtla Tizapan el Alto Tizayuca Tizimín State PU MX TL NA QR MX MR MX JA QE MR MR PU GR MX NA MX MX MX OA PU PU OA HG SO MR YU MR GJ VE GR CP QR VE BC MR SO MX MC MC YU GR JA HG YU Section 8: Reference Materials, Page 24 Section 8 City/Village Tepetlaoxtoc Tepetongo Tepetzingo Tepexco Tepexpan Tlacotepec Tlacuitapan Tlahualillo Tlahuapan Tlahuelilpan Tlalchinol Tlalixtaquilla Tlalnepantla Tlalnepantla Tlalpan Tlalpujahua Tlaltenango Tlaltenchi Tlamacas Tlamanalco Tlapa Tlapacoya Tlapacoyan Tlaquepaque Tlaquiltenango Tlaltizapán Tlatlaya Tlaxcala Tlaxco Tlayacapan Tlayecac Tlazala Tlazazalca Tobarito Tocumba Todos Santos Tolimán Toluca Tomatlán Tonalá Tonatico Tonatzintla Tonaya Tonichi Tonila Identification & Recruitment Handbook REFERENCE MATERIALS State MX ZA MX PU MX PU JA DU PU HG HG GR MR MX DF MC ZA MR MX MX GR HG VE JA MR MR MX TL TL MR MR MX MC SO MC BS QE MX JA CP MX PU JA SO JA City/Village Tlacocomulco Tlacolula Tlacotalpan Tlacotepec Tlacotepec Totolapan Totolmaloya Tototlal Trancoso Tres Cumbres Tres Palos Tres Valles Trincheras Tubutama Tula Tula Tulancingo Tulantepec Tulcingo Tultengo Tultepec Tultitlán Tulum Tulyehualco Tumbala Tunkás Turicachi Tuxcacuesco Tuxpan Tuxpan Tuxpan Tuxtepec Tuxtla Gutiérrez Tuzal Tuzantla Tuzpan Tzintzuntzan Tzitzio Tzucacab Uh-May Umán Unión de San Antonio Unión de Tula Ures Uriangato State HG OA VE MR OA MR MX JA ZA MR GR VE SO SO HG TM HG HG PU HG MX MX QR DF CP YU SO JA JA MC VE OA CP SL MC NA MC MC YU QR YU JA JA SO GJ Section 8: Reference Materials, Page 25 Section 8 City/Village Topia Topilejo Topolobampo Torreon Tosanachi Totalco Totimehuacan Totlamajac V. Unión Valladolid Valle de Allende Valle de Banderas Valle de Bravo Valle de las Palmas Valle de Santiago Valle de Trinidad Valle de Zaragoza Valle Hermoso Valle Nacional Vallecito Valparaíso Varadero Venta de Carpio Venustiano Carranza Veracruz Vicam Victor Rosales Viesca Vigia Chico Villa A. Comacho Villa Ahumada Villa Aldama Villa Alta Villa Alta Villa Azueta Villa Carranza Villa Colnstitucion Villa de Arriaga Villa de Corzo Villa de Cos Villa de Fuentes Villa de García Villa de Guadalupe Villa de Ramos Villa de Reyes Identification & Recruitment Handbook REFERENCE MATERIALS State DU DF SI CU CH VE PU MX CU YU CH NA MX BC GJ BC CH TM OA NL ZA QR MX JA VE SO ZA CU QR PU CH NL OA TL VE CP BS SL CP ZA CU NL SL SL SL City/Village Uruapan Uxmal V. Cuauhtémoc V. Frontera V. Guerrero V. Hidalgo V. Matamoros V. Madero Villa Juárez Villa Madero Villa Marinero Villa Obregón Villa Ocampo Villa Rica Villa Unión Villa Unión Villa Victoria Villa Victoria Villa Aldama Villagran Villahermosa Villanueva Walamo Xalostoc Xalpa Xcabacab Xcalak X-Can Xiatil Xichú Xicohtzinco Xicotencatl Xicotopex de Juárez Xilitla Xipetzingo Xiutetelco Xochiltepec Xochimilco Xochitepec Xocoyucan Xolol XonAcatlán Xoxocotia Xpujil Yago State MC YU VE CU DU JA CH MC DU MX TM DF DU VE DU SI MC MX NL TM TB ZA SI TL DF CM QR YU QR GJ TL TM PU SL TL VE PU DF MR TL SL MX MR CM NA Section 8: Reference Materials, Page 26 Section 8 City/Village Villa de Santiago Villa del Carbón Villa Escalante Villa Escobedo Villa Flores Villa Guerrero Villa Hidalgo Villa Hidalgo Villa Hidalgo Villa Hidalgo Villa Insurgentes Yosonotu Yucudaac Yurécuaro Yuriria Zacapoaxtla Zacapu Zacatal Zacatecas Zacatelco Zacatepec Zacatepec Zacatepec ZAcatlán Zacazonapan Zacoalco Zacualpan Zacualpan Zacualpan Zamora Zanatepec Zapopan Zapotán Zapotitlán Zapotlanejo Zaragoza Zaragoza Zaragoza Zempoala Zempoala Zihuatanejo Zimapán Zimatlán Zínaparo Zinapécuaro Identification & Recruitment Handbook REFERENCE MATERIALS State NL MX MC CH CP MX DU NA SL SO BS OA OA MC GJ PU MC CM ZA TL MR OA PU PU MX JA MR MX VE MC OA JA NA PU JA CP CU TM HG VE GR HG OA MC MC City/Village Yahualica Yanhuitlán Yautepec Yavaros Yaxcaba Yecapixtla Yécora Yepachi Yepomera Yerbanis Yolotepec Zirahuen Zirándaro Zitácuaro Zitlata Zocac Zongolica Zoquiapan Zumpahuacan Zumpango Zumpango del Río State JA OA MR SO YU MR SO CH CH DU HG MC GR MC GR TL VE MX MX MX GR Section 8: Reference Materials, Page 27 Section 8 REFERENCE MATERIALS Reference Materials Guidance: Child Eligibility under Title I, Part C of the Elementary and Secondary Act of 1965 Identification & Recruitment Handbook Section 8: Reference Materials, Page 28 Section 8 REFERENCE MATERIALS Purpose of the Guidance The purpose of this guidance is to provide information about child eligibility for the Title I, Part C Migrant Education Program. This guidance provides ED’s interpretation of various statutory provisions and does not impose any requirements beyond those included in the Elementary and Secondary Education Act of 1965, as amended, ED’s Migrant Education Program regulations in 34 CFR part 200, and other applicable laws and regulations. In addition, it does not create or confer any rights for or on any person. This updated guidance replaces the chapter (Chapter II) on child eligibility that was part of the guidance ED issued on October 23, 2003. If you are interested in commenting on this guidance document, please send your comment to [email protected]. Identification & Recruitment Handbook Section 8: Reference Materials, Page 29 Section 8 REFERENCE MATERIALS 5. TABLE OF CONTENTS II. CHILD ELIGIBILITY ..............................................................................................36 A. A1. A2. Migratory Child .........................................................................................................36 What is the definition of ―migratory child"? ...............................................................36 Is there a difference between a child who is eligible to receive MEP services and one who is counted for State funding purposes? ........................................................................37 Is a child eligible for MEP services after finishing high school? ................................37 Is a child who graduated from high school in his or her native country eligible for the MEP?............................................................................................................................37 What is the definition of ―out-of-school youth?‖ Are such youth eligible for MEP services? .......................................................................................................................38 What is the definition of ―emancipated youth‖? ..........................................................38 Are emancipated youth eligible for MEP services? .....................................................38 A3. A4. A5. A6. A7. B. B1. B2. B3. B4. B5. Guardians and Spouses .............................................................................................38 May MEP eligibility be based on a guardian’s status as a migratory worker? ............38 Who is a ―guardian‖ for MEP purposes? .....................................................................38 Is a legal document necessary to establish guardianship? ...........................................38 May a sibling act as a guardian to other siblings? .......................................................38 Must a recruiter see a marriage certificate or other legal document in order to establish a spousal relationship when MEP eligibility is based on a spouse’s status as a migratory worker? ........................................................................................................................38 C. C1. C2. C3. Migratory Workers ....................................................................................................39 Who is a ―migratory agricultural worker‖? .................................................................39 Who is a ―migratory fisher‖? .......................................................................................39 Does an individual’s visa status as an H-2A temporary agricultural worker have any impact on whether he or she may be considered a migratory child, migratory agricultural worker, or a migratory fisher? .....................................................................................39 D. D1. D2. D3. D4. D5. D6. Qualifying Move .........................................................................................................39 What is a ―qualifying‖ move? ......................................................................................39 What is the definition of ―move‖ or ―moved‖? ...........................................................40 What is the definition of a ―residence‖? ......................................................................40 What does it mean to ―change from one residence to another residence‖? .................40 What does it mean to move ―due to economic necessity‖? .........................................40 If a worker and his or her children go on vacation and the worker engages in qualifying work during the vacation, would the children qualify for the MEP?...........................41 Is determining whether a worker changed residence due to economic necessity sufficient for determining that the worker made a qualifying move? ..........................................41 What is the definition of the phrase ―in order to obtain‖? ...........................................41 May a worker who asserts more than one purpose for moving be considered to have moved ―in order to obtain‖ qualifying work? ..............................................................41 D7. D8. D9. Identification & Recruitment Handbook Section 8: Reference Materials, Page 30 Section 8 D10. D11. D12. D13. D14. D15. D16. D17. D18. D19. D20. D21. D22. D23. D24. D25. D26. D27. D28. D29. REFERENCE MATERIALS May a worker, who states that he or she moved in order to obtain (or seek) any employment and who obtained qualifying work ―soon after the move,‖ be considered to have moved ―in order to obtain‖ qualifying work? .....................................................41 May a worker who asserts that he or she moved specifically to find only non-qualifying work be considered to have moved ―in order to obtain‖ such work if the worker obtains qualifying work soon after the move? .........................................................................42 Must a recruiter ask a worker why he or she moved if the worker is engaged in qualifying work?............................................................................................................................42 How can a recruiter determine if one of the purposes of the worker’s move was to obtain qualifying work if the recruiter finds the worker is engaged in qualifying work? ......42 May a worker who did not obtain qualifying work soon after the move, be considered to have moved ―in order to obtain‖ qualifying work? .....................................................43 If a worker states that he or she moved to obtain any employment and the worker has a prior history of moves to obtain qualifying work, may this worker be considered to have moved ―in order to obtain qualifying work‖ if the worker did not obtain qualifying work soon after the move? ....................................................................................................43 How may a recruiter determine whether a worker has a prior history of moving to obtain qualifying work? ..........................................................................................................43 How far back may a recruiter look in considering ―prior history of moves to obtain qualifying work‖? ........................................................................................................43 What are examples of ―other credible evidence‖ that a recruiter might rely on to determine that the worker actively sought qualifying work soon after a move but the work was unavailable for reasons beyond the worker’s control? .........................................44 As discussed in criteria (1) and (3) of D14, may a worker’s or family member’s statement about the purpose of the move serve as both (1) the statement that the worker moved specifically to obtain qualifying work and (2) the necessary ―other credible evidence‖ that the worker actively sought the work soon after the move? .........................................44 What happens if a worker, who moved to obtain qualifying work or any kind of job, first takes a non-qualifying job and only afterwards obtains qualifying work? ..................44 If a worker and his or her child move weeks before qualifying work is available (e.g., three weeks prior to the tomato harvest) in order to secure housing, and at the time of the interview the worker does not yet have qualifying work, may the worker be considered to have moved ―in order to obtain‖ qualifying work? .....................................................44 How much time may separate the date of the worker’s move and the date the worker obtains qualifying work to permit an SEA to reasonably conclude that the worker obtained qualifying work ―soon after the move‖? .......................................................45 Is there a minimum duration for a qualifying move? ..................................................45 Is there a minimum distance requirement for a qualifying move? ..............................46 Has a worker who travels back and forth between a residence and an agricultural or fishing job within the same day made a qualifying move? ..........................................46 Are there special issues that affect only the moves of migratory fishers who travel by boat? .............................................................................................................................46 Has a fisher who travels by boat and docks in a new school district made a qualifying move? ...........................................................................................................................46 What are stopover sites? ..............................................................................................46 May SEAs serve eligible migrant families who stay at a stopover site? .....................46 Identification & Recruitment Handbook Section 8: Reference Materials, Page 31 Section 8 D30. REFERENCE MATERIALS D31. D32. D33. May SEAs count the eligible migrant children they serve at stopover sites for funding purposes?......................................................................................................................46 May a worker’s move to the United States from another country qualify for the MEP?47 Is a move from the United States to another country a qualifying move? ...................47 If a worker and his or her children make a non-qualifying move to the U.S. from another country, may the children be considered eligible for the MEP based on a subsequent qualifying move? .........................................................................................................47 E. E1. E2. E3. E4. Qualifying Arrival Date (QAD) and Move “to Join” Issues ..................................47 When does a child’s eligibility for MEP services begin? ............................................47 Must a child move at the same time as the worker to be eligible for the MEP?..........47 What is the QAD when a child moves before or after the worker? .............................48 How much time may separate the worker’s move from a child’s move ―to join‖ a worker? ......................................................................................................................................48 F. F1. Qualifying Work ........................................................................................................48 What is ―qualifying work‖? .........................................................................................48 G. G1. G2. G3. G4. G5. G6. G7. G8. G9. G10. G11. G12. G13. G14. Agricultural Work or Fishing Work ........................................................................48 What is the definition of ―agricultural work‖ for purposes of the MEP? ....................48 What does ―production‖ mean? ...................................................................................48 What is a crop?.............................................................................................................49 What are examples of agricultural work related to the production of crops? ..............49 Is work such as gathering decorative greens considered agricultural work? ...............49 What is livestock? ........................................................................................................49 What are examples of agricultural work related to the production of livestock? ........49 Are animals such as deer, elk, and bison raised on farms considered ―livestock‖? ....49 What does ―cultivation‖ mean in the context of trees? ................................................49 What are examples of work that can be considered the cultivation of trees? ..............49 What does ―harvesting‖ mean in the context of trees? ................................................50 What are examples of work that can be considered the harvesting of trees? ..............50 What types of work are not considered part of the cultivation or harvesting of trees‖?50 Does transporting trees from a harvesting site to a processor (sawmill) qualify as agricultural work? ........................................................................................................50 Is processing trees considered agricultural work? .......................................................50 What is the definition of ―fishing work‖ for purposes of the MEP? ...........................50 What is a ―fish farm‖?..................................................................................................50 What are examples of work on a fish farm that would qualify as fishing work? ........51 Is the act of catching fish or shellfish for recreational or sport purposes ―fishing work‖? ......................................................................................................................................51 What does ―initial processing‖ mean? .........................................................................51 What are examples of ―initial processing‖ work in the poultry and livestock industries? ......................................................................................................................................51 What are examples of ―initial processing‖ work in the crop industry? .......................51 What are examples of ―initial processing‖ work in the fishing industry? ...................51 When does ―initial processing‖ end? ...........................................................................51 G15. G16. G17. G18. G19. G20. G21. G22. G23. G24. Identification & Recruitment Handbook Section 8: Reference Materials, Page 32 Section 8 G25. G26. G27. G28. G29. H. H1. H2. H3. H4. H5. H6. H7. H8. H9. H10. H11. H12. H13. H14. H15. REFERENCE MATERIALS What work is not considered production or initial processing? ...................................51 Is hauling a product on a farm, ranch or other facility considered agricultural work? 52 May a worker who performs both qualifying and non-qualifying work still be eligible for the MEP? ......................................................................................................................52 What does ―personal subsistence‖ mean? ....................................................................52 May a worker who is ―self-employed‖ qualify as a migratory agricultural worker or migratory fisher? ..........................................................................................................52 Temporary and Seasonal Employment ....................................................................52 What is seasonal employment? ....................................................................................52 How does the phrase ―cycles of nature‖ pertain to seasonal employment? .................53 How long may seasonal employment last? ..................................................................53 How may an SEA determine that a worker’s job is ―seasonal employment‖? ............53 What is temporary employment? .................................................................................53 How may an SEA determine that a worker’s job is ―temporary employment‖? .........53 Is a worker who was hired to perform a series of different jobs, which together lead to the worker being employed by the same employer for more than 12 months, employed on a temporary or seasonal basis? .......................................................................................53 What is an example of a statement from an employer that indicates that the employment is temporary? ................................................................................................................54 What is an example of a statement from a worker that indicates that the employment is temporary? ...................................................................................................................54 When would an SEA rely on its own determination that a worker’s employment is temporary? ...................................................................................................................54 What are examples of ―other reasonable bas[e]s‖ that an SEA might consider when determining that employment will not last longer than 12 months? ............................54 What are examples of information that would not be considered ―reasonable‖ for purposes of determining that employment will not last more than 12 months? ..........55 Must the SEA stop serving children whose parent or guardian remains employed by the same employer after 12 months even though the worker was originally employed on a temporary basis? ..........................................................................................................55 If a worker planned to work at an agricultural or fishing worksite permanently, can the worker be recruited for the MEP if the recruiter finds out later that the worker did not remain employed more than 12 months? .....................................................................56 Should jobs that occur only at certain times of the year because of a holiday or event be considered as temporary employment or seasonal employment? ................................56 Identification & Recruitment Handbook Section 8: Reference Materials, Page 33 Section 8 I. I1. I2. I3. I4. I5. I6. I7. I8. I9. I10. I11. I12. I13. I14. I15. I16. I17. I18. I19. REFERENCE MATERIALS Employment That Appears Constant and Available Year-Round .......................56 Is an SEA always required to determine whether employment that appears constant and available year-round may be considered temporary? ..................................................56 May SEAs consider employment that appears to be constant and available year-round to be temporary employment?..........................................................................................56 How does an SEA determine and document that certain employment that appears to be constant and available year-round is temporary employment for purposes of the MEP? ......................................................................................................................................56 May an SEA continue to rely on the documentation it used consistent with prior regulations and prior non-regulatory guidance to determine the temporary nature of employment that appears constant and available year round? .....................................57 What is the purpose of determining that ―virtually no workers remained employed by the same employer more than 12 months‖? .......................................................................57 How often must an SEA test the reasonableness of its temporary determinations for work that appears to be constant and available year-round?.................................................58 After February 28, 2010, may an SEA continue to rely on (1) ―industrial surveys‖ as discussed in the 2003 MEP Non-Regulatory Guidance, or (2) some other process that measures employee turnover that SEAs adopted prior to the issuance of the July 2008 regulations, as reasonable documentation of the temporary nature of employment that appears to be constant and available year-round?........................................................58 What is an attrition rate study? ....................................................................................58 What attrition rate would permit an SEA to conclude that ―virtually no workers remained employed by that employer more than 12 months‖? ...................................................58 If an SEA is documenting the temporary nature of employment that appears to be constant and available year-round, does it make its temporary determination by employer or by worksite? .............................................................................................................59 How would an SEA conduct an attrition rate study? ...................................................59 How can an SEA calculate an attrition rate? ...............................................................60 How would an SEA select the workers for its attrition rate study? .............................61 Is an attrition rate study the only vehicle SEAs may use to determine and document the temporary nature of work that appears to be constant and available year-round?.......62 Should an SEA include in its attrition rate study workers whose temporary employment determination was based on the worker’s statement or the employer’s statement? ....62 Should an SEA include in its attrition rate study workers who sought, but did not obtain, temporary employment in agricultural or fishing work? .............................................62 What should an SEA do if, when conducting its attrition rate study, it cannot locate a worker whom it previously determined was employed temporarily based on its own determination?..............................................................................................................62 When calculating attrition rates, how should an SEA take into account a migratory agricultural or fishing worker who changed jobs but is still employed at the same worksite? ......................................................................................................................63 What should an SEA do if it determines that employment at a particular worksite does not meet the ―virtually no workers remained employed…more than 12 months‖ threshold? Must the SEA stop serving, and remove from its rolls, those children whom it recruited in good faith? ................................................................................................63 Identification & Recruitment Handbook Section 8: Reference Materials, Page 34 Section 8 I20. I21. J. J1. J2. J3. K. K1. K2. K3. K4. K5. K6. K7. K8. K9. K10. K11. K12. K13. REFERENCE MATERIALS Once the SEA has determined which worksites meet the ―virtually no workers remained employed by the same employer more than 12 months‖ threshold, can it find all children of agricultural or fishing workers at those sites to be eligible for the MEP?...............63 If an SEA has determined that employment at a particular worksite is not ―temporary employment‖ (based on the SEA’s documentation), but the worker indicates that he or she intended to remain employed at that site less than 12 months, can the SEA qualify the child so long as all other eligibility criteria are met? ...................................................64 Other Changes to MEP Eligibility............................................................................64 Does the migratory worker’s temporary or seasonal agricultural or fishing employment have to be a ―principal means of livelihood‖? .............................................................64 Does the fact that a worker and child moved to relocate permanently affect the child’s eligibility for the MEP? ...............................................................................................64 Must the SEA consider whether an ―initial commercial sale‖ has occurred in order to determine if the agricultural or fishing work can be considered qualifying? ..............64 Documenting Eligibility .............................................................................................64 What responsibility does an SEA have to document eligibility determinations? ........64 What does the COE established by the Secretary require? ..........................................65 What are the required data elements of the national COE? .........................................65 What are the required data sections for the national COE? .........................................65 May an SEA include its own State-requested or State-required information on the national COE? ..............................................................................................................65 Where can an SEA find more information about the national COE requirements? ....65 Must each SEA maintain a COE on all children eligible for the MEP? ......................66 When should a recruiter complete a new COE? ..........................................................66 Must the parent or guardian sign the national COE? ...................................................66 Must the recruiter sign the national COE? ...................................................................66 Must someone else review the information on the national COE? ..............................66 May an SEA base its determination of a child’s eligibility on a qualifying move that occurred in another State within the past 36 months? .................................................66 May a recruiter accept automatically another State’s COE as evidence of a child’s eligibility for the MEP? ...............................................................................................67 Identification & Recruitment Handbook Section 8: Reference Materials, Page 35 Section 8 II. REFERENCE MATERIALS CHILD ELIGIBILITY Children are eligible to receive MEP services if (1) they meet the definition of ―migratory child‖ and ―eligible children‖ in the statute and regulations that apply to the MEP (or met them previously and qualify for continuation of services under section 1304(e)), and if (2) the basis for their being a ―migratory child‖ is properly recorded on a certificate of eligibility (COE). The term "migratory child" is defined in section 1309(2) of the statute and § 200.81(e) of the MEP regulations. The term ―eligible children‖ is defined in section 1115(b)(1)(A) of the statute and the term ―children‖ is defined in § 200.103(a) of the Title I regulations. Determining whether a child meets these definitions requires careful consideration and depends on a recruiter's assessment of information presented by a parent, spouse, or guardian responsible for the child, or by the child if the child is the migratory worker who is eligible for MEP services in his or her own right. This chapter discusses issues of child eligibility and how SEAs may make these important determinations. STATUTORY REQUIREMENTS: Sections 1115(b)(1)(A) and 1309 of Title I, Part C REGULATORY REQUIREMENTS: 34 CFR 200.81, 200.103 Migratory Child A1. What is the definition of “migratory child"? According to sections 1115(b)(1)(A) (incorporated into the MEP program by virtue of sections 1304(c)(2)) and 1309(2) of the statute and §§ 200.81(e) and 200.103(a) of the regulations, a child is a ―migratory child‖ and is eligible for MEP services if all of the following conditions are met: The child is not older than 21 years of age; and The child is entitled to a free public education (through grade 12) under State law or is below the age of compulsory school attendance; and The child is a migratory agricultural worker or a migratory fisher, or the child has a parent, spouse, or guardian who is a migratory agricultural worker or a migratory fisher; and The child moved within the preceding 36 months in order to seek or obtain qualifying work, or to accompany or join the migratory agricultural worker or migratory fisher identified in paragraph 3, above, in order to seek or obtain qualifying work; and With regard to the move identified in paragraph 4, above, the child: Has moved from one school district to another; or In a State that is comprised of a single school district, has moved from one administrative area to another within such district; or Resides in a school district of more than 15,000 square miles and migrates a distance of 20 miles or more to a temporary residence to engage in or to accompany or join a Identification & Recruitment Handbook Section 8: Reference Materials, Page 36 Section 8 REFERENCE MATERIALS parent, spouse, or guardian who engages in a fishing activity. (This provision currently applies only to Alaska.) Note that the terms ―migratory agricultural worker,‖ ―migratory fisher,‖ ―move or moved,‖ ―in order to obtain,‖ and ―qualifying work‖ are defined in § 200.81 of the regulations and discussed in sections C through H of this chapter. A2. Is there a difference between a child who is eligible to receive MEP services and one who is counted for State funding purposes? Yes. Any child, birth through age 21, who meets the statutory definition of ―migratory child‖ (or who is eligible for continuation of services under section 1304(e)) is eligible to receive MEP services. However, as provided in section 1303(a)(1)(A) of the statute, only migratory children ages 3 through 21 may be counted for State funding purposes. A3. Is a child eligible for MEP services after finishing high school? Generally, no. Under section 1309(2), a migratory child is a ―child‖ who meets the specific eligibility requirements for the MEP. While the MEP statute does not further define who is a ―child,‖ section 1304(c)(2) incorporates by reference the requirement to carry out MEP projects consistent with the basic objectives of section 1115(b), which defines eligible children to include: (i) children not older than age 21 who are entitled to a free public education through grade 12, and (ii) children who are not yet at a grade level at which the local educational agency provides a free public education. See also 34 CFR § 200.103(a). Given paragraph (i), once a migrant child has received a high school diploma or its equivalent, the individual is generally no longer entitled under State law to a free public education through grade 12 and, therefore, is not eligible as a ―child‖ to receive MEP services. However, in some circumstances, it might be possible that a child who finished high school may be eligible for MEP services because, under State law, he or she may still be entitled to a free public education through grade 12. For example, a child who received a certificate of completion or attendance but failed the State high school exit exam might be allowed to re-enroll in high school under State law. If so, as long as the child is not yet 22 years of age, the child remains eligible for MEP services. An SEA should consult with its own legal counsel to determine whether children who have received a certificate of completion or attendance rather than a diploma or equivalency certificate are still eligible for a free public education through grade 12 in its State. A4. Is a child who graduated from high school in his or her native country eligible for the MEP? It depends on State law. If the child is considered under State law to be eligible to receive a free public education through grade 12 and otherwise meets the definition of ―migratory child,‖ the child is eligible for the MEP. Identification & Recruitment Handbook Section 8: Reference Materials, Page 37 Section 8 A5. REFERENCE MATERIALS What is the definition of “out-of-school youth?” Are such youth eligible for MEP services? For the purposes of the MEP, the Department considers the term ―out-of-school youth‖ to mean youth up through age 21 who are entitled to a free public education in the State and who meet the definition of ―migratory child,‖ but who are not currently enrolled in a K-12 school. This could include students who have dropped out of school, youth who are working on a general education development credential (GED) outside of a K-12 school, and youth who are ―here-to-work‖ only. It would not include children in preschool. Out-of-school youth who meet the definition of a ―migratory child‖ as well as all other MEP eligibility criteria are eligible for the MEP. A6. What is the definition of “emancipated youth”? The Department considers emancipated youth to be children under the age of majority (in accordance with State law) who are no longer under the control of a parent or guardian and who are solely responsible for their own welfare. In order to be eligible for the MEP these youth may not be older than 21 years of age. A7. Are emancipated youth eligible for MEP services? Yes. Emancipated youth are eligible for the MEP so long as they meet the definition of a ―migratory child‖ and all other MEP eligibility criteria. Out-of-school youth may or may not be ―emancipated youth.‖ See A5 of this section. Guardians and Spouses B1. May MEP eligibility be based on a guardian’s status as a migratory worker? Yes. Section 200.81(e) of the regulations specifically includes a child’s move to accompany or join a guardian who is a migratory agricultural worker or a migratory fisher as a basis for a child’s eligibility. B2. Who is a “guardian” for MEP purposes? The Department considers a guardian to be any person who stands in the place of the child’s parent (―in loco parentis‖), whether by voluntarily accepting responsibility for the child’s welfare or by a court order. B3. Is a legal document necessary to establish guardianship? No. As long as the guardian stands in the place of the child’s parent and accepts responsibility for the child’s welfare, a legal document establishing the guardianship is not necessary. B4. May a sibling act as a guardian to other siblings? Yes. If a working sibling acknowledges responsibility for the child’s welfare and stands in the place of the child’s parent, the child may be eligible based on the working sibling’s qualifying employment and qualifying move. B5. Must a recruiter see a marriage certificate or other legal document in order to establish a spousal relationship when MEP eligibility is based on a spouse’s status as a migratory worker? No. Identification & Recruitment Handbook Section 8: Reference Materials, Page 38 Section 8 REFERENCE MATERIALS Migratory Workers C1. Who is a “migratory agricultural worker”? According to § 200.81(d) of the regulations, a ―migratory agricultural worker‖ is a person who, in the preceding 36 months, has moved from one school district to another, or, in a State that is comprised of a single school district, from one administrative area to another, in order to obtain temporary employment or seasonal employment in agricultural work (including dairy work). Note, the regulations also define the terms ―move,‖ ―in order to obtain,‖ ―temporary employment,‖ ―seasonal employment,‖ and ―agricultural work.‖ These terms are discussed later in this chapter. C2. Who is a “migratory fisher”? According to § 200.81(f) of the regulations, a ―migratory fisher‖ is a person who, in the preceding 36 months, has moved from one school district to another, or, in a State that is comprised of a single school district, from one administrative area to another, in order to obtain temporary employment or seasonal employment in fishing work. The definition also includes a person who, in the preceding 36 months, resided in a school district of more than 15,000 square miles and moved a distance of 20 miles or more to a temporary residence in order to obtain temporary employment or seasonal employment in fishing work. Note, the regulations also define the terms ―move,‖ ―in order to obtain,‖ ―temporary employment,‖ ―seasonal employment,‖ and ―fishing work.‖ These terms are discussed later in this chapter. C3. Does an individual’s visa status as an H-2A temporary agricultural worker have any impact on whether he or she may be considered a migratory child, migratory agricultural worker, or a migratory fisher? No. The only criteria for being considered a migratory child, migratory agricultural worker, or migratory fisher are those established in § 200.81(d), (e), or (f) of the regulations. Qualifying Move D1. What is a “qualifying” move? A qualifying move: 1. is across school district boundaries*; and 2. is a change from one residence to another residence; and 3. is made due to economic necessity; and 4. is made in order to obtain qualifying work; and 5. occurred in the preceding 36 months. Note that the terms ―move,‖ ―in order to obtain,‖ and ―qualifying work‖ are defined in § 200.81 of the regulations and discussed in sections D through H of this chapter. *In a State that is comprised of a single school district, a move qualifies if it is from one administrative area to another within such a district. In addition, in a school district of more than 15,000 square miles, a move qualifies if it is over a distance of 20 miles or more to a temporary residence to engage in, or to accompany or join a parent, spouse, or guardian who engages in, a fishing activity. Identification & Recruitment Handbook Section 8: Reference Materials, Page 39 Section 8 D2. REFERENCE MATERIALS What is the definition of “move” or “moved”? Under § 200.81(g) of the regulations, ―move‖ or ―moved‖ means ―a change from one residence to another residence that occurs due to economic necessity.‖ Change of Residence and Economic Necessity D3. What is the definition of a “residence”? For the purposes of the MEP, the Department considers a ―residence‖ to be a place where one lives and not just visits. In certain circumstances, boats, vehicles, tents, trailers, etc., may serve as a residence. D4. What does it mean to “change from one residence to another residence”? The Department considers this to mean leaving the place where one currently lives and going to a new place to live, and not just to visit. For example, the Department believes that, generally, a person who goes to a new place to seek or obtain work, or because the person cannot afford to stay in his or her current location, is leaving the place where he or she currently lives and is going to a new place to live-and thus, has ―changed from one residence to another residence‖ (or ―changed residence‖). Similarly, the Department believes that a person who goes to a new place to help sick or elderly family members on an extended basis is living with those family members, and thus might meet the MEP’s change of residence requirement if the person makes a return move to obtain qualifying work. Thus, a person who leaves, on a short-term basis, the place where he or she lives to, for example, (1) visit family or friends, (2) attend a wedding or other event, (3) take a vacation, (4) have an educational or recreational experience, or (5) take care of a legal matter, would not have ―changed residence‖ because the person did not go to the new place to live, but rather to visit. Similarly, this person would not have ―changed residence‖ upon returning home from one of these visits. Note that, in these examples, the person also has not ―moved‖ within the meaning of § 200.81(g) of the regulations since the move was not made ―due to economic necessity.‖ See also D5 of this chapter. The Department strongly recommends that the recruiter document on the COE his or her reason(s) for concluding that a person ―changed residence‖ if it appears that an independent reviewer might question that a change of residence occurred. D5. What does it mean to move “due to economic necessity”? The Department considers this to mean that the worker moved either because he or she could not afford to stay in the current location, or went to a new location in order to earn a living. In general, the Department believes that if the worker’s move is related to work, e.g., a move to seek or obtain work, a move because of the loss of work, or a move because of the unavailability of work, the worker moved ―due to economic necessity.‖ However, with respect to a move that is of such short duration (e.g., less than a week) that an independent reviewer might question whether the move was really ―due to economic necessity,‖ the Department strongly recommends that each SEA establish a statewide written policy for determining and documenting whether and why these moves do and do not qualify for the MEP. The Department also recommends that recruiters provide a comment on the COE if there appears to be any other reason that an independent reviewer would question whether a worker changed residence ―due to economic necessity.‖ Identification & Recruitment Handbook Section 8: Reference Materials, Page 40 Section 8 REFERENCE MATERIALS D6. If a worker and his or her children go on vacation and the worker engages in qualifying work during the vacation, would the children qualify for the MEP? In general, as noted in D4 of this chapter, vacations (e.g., visits to family and friends, trips for entertainment purposes, etc.) do not constitute a change of residence, much less a change of residence due to economic necessity. In these cases, the family is not moving because it cannot afford to stay and live in the current location or because it needs to go to a new location to make a living. Therefore, even if the worker engages in qualifying work, a move for vacation purposes is not a qualifying move. The Department recognizes that there might be cultural differences in how people describe the reason for their relocation and, therefore, recommends that the recruiter question the worker carefully to determine what is meant when the worker asserts that his or her family is going on or returning from a vacation during which family members worked. D7. Is determining whether a worker changed residence due to economic necessity sufficient for determining that the worker made a qualifying move? No. In order for a move to qualify under the MEP, all of the conditions in D1 of this chapter must be met. ―In order to obtain‖ D8. What is the definition of the phrase “in order to obtain”? Under § 200.81(c) of the regulations, the phrase ―in order to obtain,‖ when used to describe why a worker moved, means that one of the purposes of the move is to seek or obtain qualifying work. This does not have to be the only purpose, or even the principal purpose of the move, but it must be one of the purposes of the move. D9. May a worker who asserts more than one purpose for moving be considered to have moved “in order to obtain” qualifying work? Yes. A worker who asserts more than one purpose for moving, for example, to be closer to other family members or to find a better school for the children, may be considered to have moved ―in order to obtain‖ qualifying work if the recruiter determines that one of the purposes of the move was also to seek or obtain qualifying work. As explained in D10 of this chapter, the phrase ―in order to obtain‖ includes determining that the worker moved to find any kind of employment, provided that the worker obtained qualifying work soon after the move. D10. May a worker, who states that he or she moved in order to obtain (or seek) any employment and who obtained qualifying work “soon after the move,” be considered to have moved “in order to obtain” qualifying work? Under certain circumstances, yes. The Department recognizes that workers may not always express a clear intent to move and obtain qualifying work. According to § 200.81(c)(1) of the regulations, in those situations where a worker’s intent is not clearly expressed, an SEA may infer that individuals who express a general intent to have moved, for example, ―for work,‖ ―to obtain work,‖ ―to obtain any type of employment,‖ or to ―take any job,‖ may be deemed to have moved with a purpose of obtaining qualifying work if he or she obtained qualifying work soon after the move. See D22 of this chapter regarding ―soon after the move.‖ Identification & Recruitment Handbook Section 8: Reference Materials, Page 41 Section 8 REFERENCE MATERIALS D11. May a worker who asserts that he or she moved specifically to find only non-qualifying work be considered to have moved “in order to obtain” such work if the worker obtains qualifying work soon after the move? No. Section 1309(2) of the statute requires migratory agricultural workers and fishers, to move ―in order to obtain‖ temporary or seasonal employment in agricultural or fishing work, that is, ―in order to obtain‖ qualifying work. The phrase ―in order to obtain‖ in this provision brings in the worker’s purpose or intent. See, in this regard, the July 29, 2008 notice of final MEP regulations at 73 FR 44102, 44105. The Department considers the phrase ―in order to obtain‖ to include workers who (a) moved to obtain qualifying work and obtained that work, and (b) moved with no specific type of work in mind and obtained qualifying work soon after the move. (Id., at 44106.) Therefore, if the worker who moved to obtain any work obtains qualifying work soon after the move, it is presumed that one of the purposes of the move was to seek or obtain qualifying work. However, if the worker asserts that he or she moved with only non-qualifying work (e.g., construction work) in mind, given the definition of a migratory child in section 1309(2) of the ESEA and § 200.81(c) of the Title I regulations, one may not presume that one of the purposes of the worker’s move was to obtain qualifying work – even if the worker obtained qualifying work soon after the move. D12. Must a recruiter ask a worker why he or she moved if the worker is engaged in qualifying work? Yes. The fact that a worker moved and is engaged in qualifying work does not automatically establish that the worker moved ―in order to obtain‖ that work. Consistent with the MEP regulations, the recruiter must determine whether one of the purposes of the worker’s move was to obtain qualifying work or any employment, or conversely that the purpose was specifically to obtain non-qualifying work. D13. How can a recruiter determine if one of the purposes of the worker’s move was to obtain qualifying work if the recruiter finds the worker is engaged in qualifying work? Even though a worker is engaged in qualifying work, the recruiter needs to ask the worker why he or she moved. In many cases, the response will clearly indicate that one purpose of the move was to obtain qualifying work or any employment. If this is not clear from the worker’s response, the recruiter should ask whether the worker would have moved if he or she knew that no work was available. If the answer is ―no,‖ then the recruiter can presume that obtaining qualifying work was one purpose of the move. If the worker indicates that he or she was looking for a specific type of work, which would be considered non-qualifying work, e.g., construction, for purposes of the MEP, the recruiter may follow up by asking whether the worker would have moved to the area to take any kind of work, in other words qualifying or non-qualifying work, if construction work was not available. If the answer is ―yes,‖ and the worker obtained qualifying work, then the recruiter can presume that obtaining qualifying work was one purpose of the move. However, if the worker continues to express that his or her specific intent was to obtain only non-qualifying work, the recruiter cannot find this worker eligible for the MEP based on this move, regardless of whether the worker is engaged in qualifying work. Identification & Recruitment Handbook Section 8: Reference Materials, Page 42 Section 8 REFERENCE MATERIALS D14. May a worker who did not obtain qualifying work soon after the move, be considered to have moved “in order to obtain” qualifying work? Under certain circumstances, yes. A worker who did not obtain qualifying work ―soon after a move‖ may only be considered to have moved ―in order to obtain‖ qualifying work if (1) the worker states that one purpose of the move was specifically to obtain qualifying work, AND (2) The worker has a prior history of moving to obtain qualifying work; OR (3) There is other credible evidence that the worker actively sought qualifying work soon after the move but, for reasons beyond the worker’s control, the work was not available. See § 200.81(c)(2) and D22 of this chapter regarding the phrase, ―soon after the move.‖ D15. If a worker states that he or she moved to obtain any employment and the worker has a prior history of moves to obtain qualifying work, may this worker be considered to have moved “in order to obtain qualifying work” if the worker did not obtain qualifying work soon after the move? No. The worker must have moved specifically for qualifying work, and not any employment, regardless of whether the worker has a prior history of moves to obtain qualifying work, or there is other credible evidence that the worker sought qualifying work. See § 200.89(c)(1) of the regulations. D16. How may a recruiter determine whether a worker has a prior history of moving to obtain qualifying work? The Department believes that the recruiter should ask the worker whether he or she has ever moved for temporary or seasonal employment in agricultural or fishing work, i.e., qualifying work. The recruiter may also search the State’s MEP database or the Migrant Student Information Exchange (MSIX) system (a web-based system that allows States to share education and health information on migrant children who travel from State to State) to see if the worker’s child, or the child, if the child is the worker, was identified as eligible for the MEP in another part of the State or in another State. After considering the available information, if the recruiter is satisfied that (1) one of the purposes of the worker’s move was specifically to obtain qualifying work and (2) the worker has a prior history of moves to obtain qualifying work, the recruiter may deem the worker’s children eligible for MEP services. The recruiter should document the basis for the decision in the comment section of the COE and, if available, attach the evidence he or she relied on for the decision. D17. How far back may a recruiter look in considering “prior history of moves to obtain qualifying work”? The Department does not believe that a worker’s ―prior history of moves to obtain qualifying work‖ had to have occurred within a certain time period before the most recent move, so long as the worker states that one of the purposes of his or her move was specifically to obtain qualifying work and not just any work, as explained in D14 and D15 of this chapter. Identification & Recruitment Handbook Section 8: Reference Materials, Page 43 Section 8 REFERENCE MATERIALS D18. What are examples of “other credible evidence” that a recruiter might rely on to determine that the worker actively sought qualifying work soon after a move but the work was unavailable for reasons beyond the worker’s control? Other credible evidence that a recruiter might consider includes: Information obtained from conversations with an employer, crew chief, employment agency, or credible third party that indicates that the worker sought the qualifying work; Written information from the employer, such as a copy of an employment application or a list of recent applicants; Information in the public domain (e.g., newspaper) that confirms a flood or crop failure in the area. After considering all of the available information, if the recruiter is satisfied that the worker actively sought qualifying work soon after the move and that the work was unavailable due to reasons beyond the worker’s control, the recruiter may deem the worker eligible for MEP services. The recruiter should document the basis for the decision in the comment section of the COE, and if available, attach the evidence he or she relied on for the decision. D19. As discussed in criteria (1) and (3) of D14, may a worker’s or family member’s statement about the purpose of the move serve as both (1) the statement that the worker moved specifically to obtain qualifying work and (2) the necessary “other credible evidence” that the worker actively sought the work soon after the move? No. The Department considers the term ―other credible evidence‖ to refer to additional information that supports the worker’s or family member’s statement that the worker moved in order to obtain qualifying work. Therefore, this information would need to be obtained in addition to the information about the purpose of the move provided by the worker or his or her family. D20. What happens if a worker, who moved to obtain qualifying work or any kind of job, first takes a non-qualifying job and only afterwards obtains qualifying work? A worker does not necessarily forfeit MEP eligibility by taking a non-qualifying job for a limited period of time, so long as the worker moved in order to obtain qualifying work or any kind of job, and then obtains qualifying work that is still ―soon after the move‖. See D22 of this chapter. D21. If a worker and his or her child move weeks before qualifying work is available (e.g., three weeks prior to the tomato harvest) in order to secure housing, and at the time of the interview the worker does not yet have qualifying work, may the worker be considered to have moved “in order to obtain” qualifying work? Yes. The regulatory definition of ―in order to obtain‖ does not expressly address this situation. However, the Department believes that the recruiter may find this move to have been made ―in order to obtain‖ the work so long as the recruiter determines that one purpose of the move was to seek or obtain qualifying work, and not just any employment – which presumably would be the case in this situation. In this situation, the recruiter should check box 4a of the COE (the section on Qualifying Move & Work), which states that ―the worker moved due to economic necessity in order to obtain qualifying work and obtained qualifying work.‖ The recruiter should document in the COE Comments section that (1) the worker moved in advance to secure housing, (2) one purpose of the move was to secure the qualifying Identification & Recruitment Handbook Section 8: Reference Materials, Page 44 Section 8 REFERENCE MATERIALS employment, and (3) the date that the worker is or was expected to start work. The children would be considered eligible upon the SEA’s approval of the COE. In this type of situation, consistent with § 200.81(c)(1) of the regulations, the recruiter must follow up with the worker to verify that the worker obtained qualifying work ―soon after the move (see D22 of this section).‖ If the recruiter discovers that the worker did not obtain qualifying work ―soon after the move,‖ the recruiter must then determine, consistent with § 200.81(c)(2) of the regulations, that the worker has either a prior history of moves to obtain qualifying work or some other credible evidence that the worker actively sought qualifying work. The COE must be updated accordingly. If the recruiter cannot document a prior history or other credible evidence, this worker’s children are not eligible for the MEP and must be removed from the rolls of eligible children. ―Soon After the Move‖ D22. How much time may separate the date of the worker’s move and the date the worker obtains qualifying work to permit an SEA to reasonably conclude that the worker obtained qualifying work “soon after the move”? Because one of the purposes of the worker’s move must be to seek or obtain qualifying work, the Department established the ―soon after the move‖ test in the belief that the time between when the worker moves and when he or she obtains qualifying work must be small enough to reasonably presume that one of the purposes of the move was to obtain qualifying work. We think that in these circumstances, a worker generally should obtain qualifying work within 30 days of the move. However, we recognize that this period of time may vary depending on local conditions in agricultural or fishing operations or personal circumstance, which may cause the worker to delay obtaining qualifying work for a limited period of time beyond 30 days. If the recruiter believes that such circumstances exist and that he or she can still reasonably conclude that the worker obtained qualifying work ―soon after the move,‖ the Department recommends that the recruiter document in the comment section of the COE the factors that led him or her to this conclusion. Duration and Distance D23. Is there a minimum duration for a qualifying move? Although the statute and regulations are silent on the duration of a qualifying move, a migratory worker must stay in a new place long enough to show that the worker ―moved,‖ i.e., changed residence due to economic necessity, and that one of the purposes of the move was to seek or obtain qualifying work, or any kind of work so long as the worker obtained qualifying work soon after the move. Recruiters should carefully examine and evaluate relevant factors, such as whether the worker obtained, or could have obtained, a place to live that would allow the worker and the migratory child to remain in the new location long enough for the worker to engage in qualifying work or whether the move to work was a one-time act or a series of short moves to work in order to augment the family’s income. If the worker sought but did not obtain qualifying work soon after the move (or at all), the recruiter should determine whether the worker meets the requirements for moving ―in order to obtain‖ qualifying work, as described in D14-D21 of this chapter. With respect to moves of such short duration (e.g., less than a week) that an independent reviewer might question whether the move was ―due to economic necessity,‖ the Department strongly recommends that the SEA establish a written policy for determining and documenting when and why these moves qualify for the MEP. Identification & Recruitment Handbook Section 8: Reference Materials, Page 45 Section 8 D24. REFERENCE MATERIALS Is there a minimum distance requirement for a qualifying move? No. The only requirement is that the move be across school district boundaries. In a State that is comprised of a single school district (e.g., Hawaii), the move must be across the established boundaries of intra-district administrative areas. In a State where school districts are more than 15,000 square miles (e.g., Alaska), the move must be either across established school district boundaries or, a distance of 20 miles or more to a temporary residence to engage in temporary or seasonal fishing work. See § 200.81(d), (e), and (f) of the regulations. D25. Has a worker who travels back and forth between a residence and an agricultural or fishing job within the same day made a qualifying move? No. Such a worker is a ―day-haul‖ worker whose travel is a non-qualifying commute, not a qualifying migration involving a change of residence. Moves by Boat D26. Are there special issues that affect only the moves of migratory fishers who travel by boat? No. These workers’ moves must be across school district boundaries (i.e., from one school district to another), whether the moves are by water or by land. As with any other MEP eligibility determination, the SEA must maintain documentation of school district boundaries as they extend into the water. In addition, all other eligibility criteria must be met. D27. Has a fisher who travels by boat and docks in a new school district made a qualifying move? It depends. A fisher who travels by boat to a new school district, or travels 20 miles or more in Alaska, must stay in the new place long enough to show that the worker ―moved,‖ i.e., changed residence due to economic necessity, and that one of the purposes of the move was to seek or obtain qualifying work (or any kind of work, so long as the worker obtained qualified work soon after the move). See D23 of this chapter regarding moves of short duration. The Department recommends that recruiters obtain sufficient information about this type of trip to document in the COE that the move meets these requirements. Stopover Sites D28. What are stopover sites? Stopover sites are rest centers where migrant families who are in transit stop for a night or two before moving on to another locale. D29. May SEAs serve eligible migrant families who stay at a stopover site? Yes. D30. May SEAs count the eligible migrant children they serve at stopover sites for funding purposes? It depends. An SEA may count eligible migrant children who have already established residency in the State prior to staying at the stopover site. (See D3 of this section for an explanation of the term ―residence‖ as it pertains to the MEP.) However, an SEA may not count migrant children who have stopped at the stopover site but have not established residency in the State – the move was not made to Identification & Recruitment Handbook Section 8: Reference Materials, Page 46 Section 8 REFERENCE MATERIALS obtain qualifying work at the stopover site. Moreover, simply stopping in the State for a rest period does not establish residency. In these cases, the SEA must wait for the migrant family to complete the qualifying move and establish residency in the State before it may count the children. International Moves D31. May a worker’s move to the United States from another country qualify for the MEP? Yes. A worker’s move from another country to the U.S. may qualify if one of the purposes for the move was to seek or obtain qualifying work. For example, orchard growers in the Northeast hire contract workers from Guatemala to pick crops for a short period of time. Assuming all other eligibility criteria are met, the children of these workers would qualify because one of the purposes of the move to the U.S. was to obtain qualifying work. The workers are not disqualified if they have other reasons for moving to the U.S., even permanent relocation, so long as one of the purposes of the move is to obtain qualifying work and the other conditions are met. D32. Is a move from the United States to another country a qualifying move? No. The MEP was established to benefit families who perform qualifying work in the United States. Therefore, the Department does not view the MEP statute as authorizing moves to another country to engage in temporary or seasonal employment in agricultural or fishing work to be considered qualifying moves. However, if a worker’s move to another country is a ―change of residence,‖ the worker’s move back to a school district in the U.S. might be a qualifying move. D33. If a worker and his or her children make a non-qualifying move to the U.S. from another country, may the children be considered eligible for the MEP based on a subsequent qualifying move? Yes. B. Qualifying Arrival Date (QAD) and Move ―to Join‖ Issues I. E1. When does a child’s eligibility for MEP services begin? A child may be identified as a ―migratory child‖ when the child and the worker complete the qualifying move. This is often referred to as the qualifying arrival date, or QAD, for purposes of the COE. However, a child is only eligible for MEP services once the SEA has determined that the child meets all eligibility criteria outlined in A1 of this chapter. E2. Must a child move at the same time as the worker to be eligible for the MEP? No; however, both the worker and child must make the move. Section 1309(2) of the ESEA provides that if the child is not the qualifying worker, the child must move to "accompany" the worker who moved in order to obtain or seek qualifying work. The regulations expand the term ―accompany‖ to include a child who moves separately to ―join‖ a parent, spouse, or guardian. That is, under the definition of ―migratory child‖ in § 200.81(e) of the regulations, a child who is not a migratory agricultural worker or migratory fisher qualifies if the child accompanies or ―joins‖ a parent, spouse, or guardian who is a migratory agricultural worker or migratory fisher who moves in order to obtain qualifying work. The Department considers this provision to mean that the child’s move may either precede or follow the worker’s move. For example, the child may move before the worker in order to start the school year on time, or the worker may move before the child in order to secure housing. In either case, the fact that the child and Identification & Recruitment Handbook Section 8: Reference Materials, Page 47 Section 8 REFERENCE MATERIALS his or her parent, spouse, or guardian do not move at the same time does not nullify the child’s eligibility for the MEP. E3. What is the QAD when a child moves before or after the worker? In situations where the child and worker do not move at the same time, the Department considers the QAD to be the day that the child and worker complete the move to be together. That is, if the child’s move precedes the worker’s move, the QAD is the date that the worker arrived. If the child’s move follows the worker’s move, the QAD is the date the child arrived. E4. How much time may separate the worker’s move from a child’s move “to join” a worker? The time limit depends on the circumstances. The Department believes that, as a best and safe practice, the child’s move should generally occur within no more than 12 months of the worker’s move to obtain qualifying work, and that after one year it is difficult to link the child’s move to the worker’s move to obtain qualifying work. Nonetheless, there may be unusual circumstances that prevent a child from moving within 12 months of the worker’s move. In these cases, the Department recommends that an SEA document in the comment section of the COE the basis for determining that the child moved to ―accompany‖ a worker after such a prolonged period of time between the two moves. A. Qualifying Work F1. What is “qualifying work”? Under § 200.81(i) of the regulations, ―qualifying work‖ means temporary employment or seasonal employment in agricultural work or fishing work. B. Agricultural Work or Fishing Work Agricultural Work G1. What is the definition of “agricultural work” for purposes of the MEP? ―Agricultural work‖ is: 1. the production or initial processing of crops, dairy products, poultry, or livestock; as well as the cultivation or harvesting of trees, that is— 2. performed for wages or personal subsistence. See § 200.81(a). G2. What does “production” mean? The Department considers agricultural production to mean work on farms, ranches, dairies, orchards, nurseries, and greenhouses engaged in the growing and harvesting of crops, plants, or vines and the keeping, grazing, or feeding of livestock or livestock products for sale. The term also includes, among Identification & Recruitment Handbook Section 8: Reference Materials, Page 48 Section 8 REFERENCE MATERIALS other things, the production of bulbs, flower seeds, vegetable seeds, and specialty operations such as sod farms, mushroom cellars, and cranberry bogs. G3. What is a crop? The Department considers a crop to be a plant that is harvested for use by people or by livestock. G4. What are examples of agricultural work related to the production of crops? The production of crops involves work such as preparing land or greenhouse beds, planting, seeding, watering, fertilizing, staking, pruning, thinning, weeding, transplanting, applying pesticides, harvesting, picking, and gathering. G5. Is work such as gathering decorative greens considered agricultural work? Yes. The Department considers the term ―plants‖ to include decorative greens or ferns grown for the purpose of floral arrangements, wreaths, etc. Therefore, the collection of these plants can be considered agricultural work. For the purposes of the MEP, the collection of these greens for recreation or personal use would not be considered agricultural work. G6. What is livestock? The term ―livestock‖ refers to any animal produced or kept primarily for breeding or slaughter purposes, including, but not limited to, beef and dairy cattle, hogs, sheep, goats, and horses. For purposes of the MEP, livestock does not include animals that are raised for sport, recreation, research, service, or pets. The Department does not consider the term ―livestock‖ to include animals hunted or captured in the wild. G7. What are examples of agricultural work related to the production of livestock? The Department considers the production of livestock to involve raising and taking care of animals described in the previous question. Such work includes, but is not limited to: herding; handling; feeding; watering; milking; caring for; branding; tagging, and assisting in the raising of livestock. G8. Are animals such as deer, elk, and bison raised on farms considered “livestock”? Yes, so long as these animals, sometimes referred to as specialty or alternative livestock, are raised for breeding or slaughter purposes and not for sport or recreation. Cultivation or Harvesting of Trees G9. What does “cultivation” mean in the context of trees? In the context of trees, ―cultivation‖ refers to work that promotes the growth of trees. G10. What are examples of work that can be considered the cultivation of trees? For the purposes of the MEP, examples of work that can be considered the cultivation of trees include, but are not limited to: soil preparation; plowing or fertilizing land; sorting seedlings; planting seedlings; transplanting; staking; watering; removing diseased or undesirable trees; applying insecticides; shearing tops and limbs; and tending, pruning, or trimming trees. Identification & Recruitment Handbook Section 8: Reference Materials, Page 49 Section 8 G11. REFERENCE MATERIALS What does “harvesting” mean in the context of trees? For the purposes of the MEP, ―harvesting‖ refers to the act of gathering or taking of the trees. G12. What are examples of work that can be considered the harvesting of trees? The Department considers the harvesting of trees to include work such as topping, felling, and skidding. G13. What types of work are not considered part of the cultivation or harvesting of trees”? The Department believes that the following activities are not part of the cultivation or harvesting of trees: clearing trees in preparation for construction; trimming trees around electric power lines; and cutting logs for firewood. G14. Does transporting trees from a harvesting site to a processor (sawmill) qualify as agricultural work? No. Transporting trees is not agricultural work for purposes of the MEP because it occurs after the cultivation and harvesting of trees. G15. Is processing trees considered agricultural work? No. According to § 200.81(a) of the regulations, only the cultivation or harvesting of trees is considered agricultural work. Processing trees occurs after the cultivation and harvesting. Fishing Work G16. What is the definition of “fishing work” for purposes of the MEP? ―Fishing work‖ is: 1. the catching or initial processing of fish or shellfish; as well as the raising or harvesting of fish or shellfish at fish farms, that is-performed for wages or personal subsistence. See § 200.81(b). G17. What is a “fish farm”? For purposes of the MEP, the Department considers a fish farm to be a tract of water, such as a pond, a floating net pen, a tank, or a raceway reserved for the raising or harvesting of fish or shellfish. Large fish farms sometimes cultivate fish in the sea, relatively close to shore. The fish are artificially cultivated, rather than caught, as they would be in ―fishing.‖ Fish species raised on fish farms include, but are not limited to, catfish, salmon, cod, carp, eels, oysters, and clams. Identification & Recruitment Handbook Section 8: Reference Materials, Page 50 Section 8 G18. REFERENCE MATERIALS What are examples of work on a fish farm that would qualify as fishing work? For the purposes of the MEP, examples of work on a fish farm that would qualify as ―fishing work‖ include, but are not limited to, raising, feeding, grading, collecting, and sorting of fish, removing dead or dying fish from tanks or pens, and constructing nets, long-lines, and cages. G19. Is the act of catching fish or shellfish for recreational or sport purposes “fishing work”? No. These activities are not performed for wages or personal subsistence. Initial Processing G20. What does “initial processing” mean? The Department considers ―initial processing‖ to be work that (1) is beyond the production stage of agricultural work and (2) precedes the transformation of the raw product into something more refined. It means working with a raw agricultural or fishing product. G21. What are examples of “initial processing” work in the poultry and livestock industries? For the purposes of the MEP, examples of ―initial processing‖ work in the poultry and livestock industries include, but are not limited to: stunning; slaughtering; skinning; eviscerating; splitting carcasses; hanging; cutting; trimming; deboning; and enclosing the raw product in a container. G22. What are examples of “initial processing” work in the crop industry? For the purposes of the MEP, examples of ―initial processing‖ work in the crop industry include, but are not limited to: cleaning; weighing; cutting; grading; peeling; sorting; freezing, and enclosing the raw product in a container. G23. What are examples of “initial processing” work in the fishing industry? For the purposes of the MEP, examples of ―initial processing‖ work in the fishing industry include, but are not limited to: scaling; cutting; dressing; and enclosing the raw product in a container. G24. When does “initial processing” end? The Department considers a product no longer to be in the stage of ―initial processing‖ once the transformation of the raw product into something more refined begins. The Department believes that work up to, but not including, the start of the transformation process is agricultural or fishing work for purposes of the MEP. However, work such as placing raw chicken breasts into the oven for cooking, adding starter cultures to milk to make cheese, or applying necessary ingredients to a raw pork belly to begin the curing process is the beginning of the transformation process and therefore is not agricultural or fishing work for purposes of the MEP. G25. What work is not considered production or initial processing? Work such as cooking; baking; curing; fermenting; dehydrating; breading; marinating; and mixing of ingredients involves transforming a raw product into a more refined product. Therefore, the Department does not consider this work to be production or initial processing. In addition, the Department does not consider the following work to be production or processing: placing labels on boxes of refined products; selling an agricultural or fishing product; landscaping; managing a farm or processing plant; providing Identification & Recruitment Handbook Section 8: Reference Materials, Page 51 Section 8 REFERENCE MATERIALS accounting, bookkeeping, or clerical services; providing babysitting or childcare services for farmworkers; or working at a bakery or restaurant. With regard to work such as repairing or maintaining equipment used for production or processing, or cleaning or sterilizing farm machinery or processing equipment, the Department does not consider individuals whose profession is to do this work, or who were hired solely to perform this work, to be performing agricultural work. G26. Is hauling a product on a farm, ranch or other facility considered agricultural work? Yes. The Department considers hauling a product on a farm, ranch, or other facility an integral part of production or initial processing and therefore, is agricultural work. However, it does not consider transporting a product to a market, wholesaler, or processing plant to be production or initial processing. ―Shipping and trucking‖ is work that is often carried out by a third-party retailer, wholesaler, or contractor paid to transport various products. Therefore, the service these companies or contractors provide is ―shipping‖ or ―trucking‖ and not production or initial processing. G27. May a worker who performs both qualifying and non-qualifying work still be eligible for the MEP? Yes. A worker is only required to meet the definition of a migratory agricultural worker or migratory fisher as defined in § 200.81(d) and (f) of the regulations. The fact that the worker performs nonqualifying work in addition to qualifying work has no bearing on his or her eligibility for the MEP. Wages and Personal Subsistence G28. What does “personal subsistence” mean? As used in the definitions of agricultural work and fishing work in § 200.81(a) and (b) of the regulations, and as defined in § 200.81(h) of the regulations, ―personal subsistence‖ means that the worker and the worker’s family, as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch. G29. May a worker who is “self-employed” qualify as a migratory agricultural worker or migratory fisher? Yes, in some circumstances. In general, the Department considers migratory agricultural workers and fishers to be either employed for wages or performing work for personal subsistence. However, while some workers, such as those who glean leftover crops from fields or fishers who own their own boats, might consider themselves ―self employed,‖ for purposes of MEP eligibility the Department considers the provisions regarding personal subsistence to mean that the money such workers earn from the sale of the product is equivalent to ―wages‖ (and to the extent that gleaners consume the food they gather as a substantial portion of their food intake, ―performed for personal subsistence‖). C. Temporary and Seasonal Employment H1. What is seasonal employment? According to § 200.81(j) of the regulations, seasonal employment is employment that occurs only during a certain period of the year because of the cycles of nature and that, by its nature, may not be continuous or carried on throughout the year. Identification & Recruitment Handbook Section 8: Reference Materials, Page 52 Section 8 H2. REFERENCE MATERIALS How does the phrase “cycles of nature” pertain to seasonal employment? For purposes of the MEP, the phrase ―cycles of nature‖ is used to describe the basis for why certain types of employment in agricultural or fishing work only occur during certain, limited periods in the year. The length of ―seasonal‖ employment is based on the distinct period of time associated with the cultivation and harvesting cycles of the agricultural or fishing work, and is not employment that is continuous or carried on throughout the year. H3. How long may seasonal employment last? The definition of seasonal employment in § 200.81(j) of the regulations states that it is employment that occurs only during a certain period of the year and may not be continuous or carried on throughout the year. Therefore, like temporary employment, seasonal employment may not last longer than 12 months. H4. How may an SEA determine that a worker’s job is “seasonal employment”? A worker’s employment is seasonal if: 1. it occurs during a certain period of the year; and 2. it is not continuous or carried on throughout the year H5. What is temporary employment? According to § 200.81(k) of the regulations, temporary employment means ―employment that lasts for a limited period of time, usually a few months, but no longer than 12 months.‖ H6. How may an SEA determine that a worker’s job is “temporary employment”? Section 200.81(k) of the regulations identifies three ways in which an SEA may determine that employment is temporary: a. Employer Statement - The employer states that the worker was hired for a limited time frame, not to exceed 12 months; b. Worker Statement - The worker states that he or she does not intend to remain in that employment indefinitely (i.e., the worker’s employment will not last longer than 12 months); c. State Determination - The SEA has determined on some other reasonable basis that the employment will not last longer than 12 months. H7. Is a worker who was hired to perform a series of different jobs, which together lead to the worker being employed by the same employer for more than 12 months, employed on a temporary or seasonal basis? No. Workers who are hired to work for more than 12 months by the same employer regardless of how many different jobs they perform are not employed on a temporary or seasonal basis as defined in 200.81(j) and (k) of the MEP regulations. Identification & Recruitment Handbook Section 8: Reference Materials, Page 53 Section 8 REFERENCE MATERIALS H8. What is an example of a statement from an employer that indicates that the employment is temporary? An example of a statement from an employer who harvests ferns for the floral industry might be: ―employer ___________ (name) stated that she will hire the worker only for the months of February through May to accommodate the increase in floral gifting around Valentine’s Day, Easter, and Mother’s Day.‖ In this example, the employer stated that she is hiring the worker for a short period of time that will not exceed 12 months. H9. What is an example of a statement from a worker that indicates that the employment is temporary? An example of a worker’s statement might be: ―the worker stated that he plans to leave the job after seven months in order to return to his home with his family.‖ Similar to the employer’s statement, the worker’s statement indicates that he will only remain in the job for a short period of time that will not exceed 12 months. H10. When would an SEA rely on its own determination that a worker’s employment is temporary? In general, the Department believes that a determination about the temporary nature of a worker’s employment is best obtained through a recruiter’s interview with the worker or employer. However, § 200.81(k) of the regulations authorizes an SEA to make its own determination that employment is temporary so long as the SEA has some other reasonable basis for determining that the employment will not last more than 12 months. For employment that appears constant and available year round, § 200.81(k) of the regulations permits an SEA to conclude that the employment is ―temporary‖ for purposes of the MEP only if it determines and documents that, given the nature of the work, of those agricultural and fishing workers whose children the SEA determined to be eligible using some other reasonable basis, virtually none remained employed by the same employer more than 12 months. For more information about how to determine and document that virtually no workers remained employed by the same employer for more than 12 months, please see section I of this chapter. H11. What are examples of “other reasonable bas[e]s” that an SEA might consider when determining that employment will not last longer than 12 months? Examples of information that an SEA might consider include: 1. A recent survey of workers (e.g., an attrition rate study—see I8 through I19 of this chapter), by worksite, whom the SEA previously determined to be employed temporarily. 2. A recent survey of workers (e.g., an attrition rate study—see I8 through I19 of this chapter) from another State that documents the temporary nature of employment at a similar worksite. 3. A relevant and timely literature review that supports the temporary nature of employment at a similar worksite(s) and that can be considered for the worksite in question. The SEA should maintain appropriate documentation to support the basis for its determination. In the case of examples 2 and 3 above, this documentation should include the basis for finding that the worksite in the State is similar to those discussed in another State’s documentation or in the literature review. Identification & Recruitment Handbook Section 8: Reference Materials, Page 54 Section 8 REFERENCE MATERIALS As mentioned in H10, an SEA that relies on some other reasonable basis to determine the temporary nature of employment that appears constant and available year round must later confirm its conclusion by documenting that virtually none of the agricultural or fishing workers whose children were determined to be eligible, based on its determination of temporary employment, were still employed by the same employer for more than 12 months. See Section I of this chapter for more information. H12. What are examples of information that would not be considered “reasonable” for purposes of determining that employment will not last more than 12 months? The Department does not consider information such as the following to be reasonable for purposes of determining that employment will not last more than 12 months: 1. Anecdotal information about a worksite or industry, for example, the working conditions are such that a worker is unlikely to remain employed for more than 12 months. 2. Newspaper ads announcing a job opening on a farm or at a worksite. The fact that an employer plans to hire new workers by announcing job openings is not necessarily a signal that employment at a worksite is to be temporary. Specificity about the nature of the jobs to be filled, e.g., whether the work is agricultural or fishing and the employment is temporary or seasonal, would be needed. 3. After February 28, 2010, ―industrial surveys‖ as described in the Department’s 2003 Non-Regulatory Guidance or other studies of turnover within job categories. See I7 of this chapter. The Department does not believe that this type of information is sufficiently reliable for determining whether a worker’s employment is likely to last less than 12 months. H13. Must the SEA stop serving children whose parent or guardian remains employed by the same employer after 12 months even though the worker was originally employed on a temporary basis? In general, an SEA may continue serving these children and keep them on its rolls for the duration of their 36-month eligibility period. MEP eligibility is determined at the time of the interview and is based on the worker’s (or employer’s) stated intention at the time of the move, or on the SEA’s evidence of an ―other reasonable basis‖ for determining the work may be considered to be temporary. The Department would expect a situation in which the worker continues to be employed after 12 months to be a rare occurrence and not the norm for workers who are recruited on this basis. However, if a significant number or percentage of workers recruited on this basis remains employed at a particular worksite beyond 12 months, either in the same job or in another job at the same worksite, the Department believes the SEA should examine the reasons why workers are remaining employed. In some cases, the reasons may be justifiable. For example, if the economy took a turn for the worse, employees who intended to leave their employment much earlier did not do so because other jobs were not available. On the other hand, the recruiter might have made an incorrect eligibility determination because he or she did not understand the MEP definition of temporary employment. There even could be reasons to suspect fraud. In both of these latter situations, children’s eligibility should be terminated immediately if the SEA determines that the original eligibility determinations were erroneous. Thus, the reasons workers remain employed for more than 12 months will determine whether and what action the SEA needs to take. Identification & Recruitment Handbook Section 8: Reference Materials, Page 55 Section 8 REFERENCE MATERIALS H14. If a worker planned to work at an agricultural or fishing worksite permanently, can the worker be recruited for the MEP if the recruiter finds out later that the worker did not remain employed more than 12 months? In general, no. A worker who moved to seek permanent employment did not move ―in order to obtain temporary or seasonal employment in agricultural or fishing work‖ as required by the statute. However, if the SEA has determined and documented that employment at the worksite, despite appearing to be constant and available year-round, is temporary in accordance with 200.81(k) of the regulations, the worker can be considered eligible for the MEP (assuming that all other eligibility criteria are met). See Section I of this chapter. H15. Should jobs that occur only at certain times of the year because of a holiday or event be considered as temporary employment or seasonal employment? Jobs that occur only at certain times of the year because of a holiday or event (e.g., Thanksgiving, Christmas, etc.) should be considered temporary employment because the time of year that the work is performed is not dependent on the cycles of nature, but rather the holiday or event. D. Employment That Appears Constant and Available Year-Round I1. Is an SEA always required to determine whether employment that appears constant and available year-round may be considered temporary? No. An SEA is required to determine whether employment that is constant and available year-round may be considered temporary only if it intends to qualify the children of workers employed in these types of jobs. I2. May SEAs consider employment that appears to be constant and available year-round to be temporary employment? Yes. The Department recognizes that some agricultural and fishing jobs, for example certain jobs at processing plants or dairy farms, may appear to be constant and available year-round, but, perhaps because of the nature of the work, workers typically do not stay long at these jobs. In cases of employment that appears to be constant and available year-round, recruiters can base their determination that the employment is temporary on: 1. the worker’s or the employer’s statement that even though the work appears to be constant and available year- round, he or she intends to remain no longer than 12 months, or 2. the SEA’s determination that even though the work appears to be constant and available year-round, the SEA has determined and documented, in accordance with § 200.81(k) of the regulations, that the employment is temporary. I3. How does an SEA determine and document that certain employment that appears to be constant and available year-round is temporary employment for purposes of the MEP? Consistent with § 200.81(k) of the regulations, an SEA determines the temporary nature of employment that appears to be constant and available year-round by: Identification & Recruitment Handbook Section 8: Reference Materials, Page 56 Section 8 REFERENCE MATERIALS Step 1: establishing its basis for reasonably concluding that particular employment that appears to be constant and available year-round can be considered temporary. (See H11 and H12 of this chapter regarding ―reasonable bases‖ for determining temporary employment.) AND Step 2: later confirming the basis of this conclusion by documenting that virtually none of the migratory agricultural or fishing workers whose children were determined to be eligible, based on the SEA’s determination of the temporary nature of such employment, remained employed by the same employer for more than 12 months. One way an SEA might confirm the basis of its subsequent conclusion is through an ―attrition rate study.‖ See I1 – I7, which apply to the requirements for documenting the temporary nature of work that appears to be constant and available year-round, and I8 – I21, which address attrition rate studies. I4. May an SEA continue to rely on the documentation it used consistent with prior regulations and prior non-regulatory guidance to determine the temporary nature of employment that appears constant and available year round? No. For a limited time, the July 29, 2008, regulations allowed the SEA to rely on documentation consistent with prior regulations and prior guidance (e.g., ―industrial surveys) when determining the temporary nature of employment that appears constant and available year round. However, this allowance ended on February 28, 2010 (i.e., 18 months from the effective date of the July 2008 regulations). To continue to find whether agricultural and fishing workers employed in what appears to be constant and year-round employment are, in fact, engaged in temporary employment, § 200.81(k) requires that by February 28, 2010, the SEA establish and implement procedures for determining which employers, whose agricultural and fishing workers it previously determined were employed temporarily, meet the definition of temporary employment established in the July 29, 2008 regulations. In other words, the SEA must have determined by February 28, 2010, which employers, who offer employment that the SEA previously considered to be temporary based on its prior documentation, met the ―virtually no workers remained employed by the same employer for more than 12 months‖ threshold. For employers (or their worksites – see I10 of this chapter) for which the SEA has made this determination, the SEA may continue to qualify the children of workers employed in agricultural or fishing work at these worksites on the basis of its new documentation. But, for employers (or their worksites) that did not meet the ―virtually no workers remained employed…‖ threshold, the SEA must stop recruiting the children of agricultural and fishing workers at these worksites on the basis of the SEA’s prior documentation that work that appears constant and available year-round is temporary. The SEA also must terminate eligibility of any children who were determined to be eligible on or after February 28, 2010, on the basis of the SEA’s prior determination that work that appears constant and available year-round is temporary. See also I20 of this chapter. I5. What is the purpose of determining that “virtually no workers remained employed by the same employer more than 12 months”? The purpose is to determine which employers, whose workers’ employment appears to be constant and available year-round, may be considered to offer ―temporary employment‖ for purposes of MEP eligibility. This determination only affects whether an SEA may continue, going forward, to consider employment for a particular employer to be temporary based on the SEA’s documentation (i.e., employment may still be determined temporary based on the worker’s or employer’s statement that the Identification & Recruitment Handbook Section 8: Reference Materials, Page 57 Section 8 REFERENCE MATERIALS employment will not last longer than 12 months). See reference to SEA documentation in § 200.81(k) of the regulations. I6. How often must an SEA test the reasonableness of its temporary determinations for work that appears to be constant and available year-round? Determinations made on the basis of criteria in the July 29, 2008, regulations must be made at least once every three years. See § 200.81(k). (By February 28, 2010, each SEA must have tested the reasonableness of determinations made according to the 2003 MEP Non-Regulatory Guidance or some other reasonable process that was used prior to the issuance of the July 29, 2008 regulations.) I7. After February 28, 2010, may an SEA continue to rely on (1) “industrial surveys” as discussed in the 2003 MEP Non-Regulatory Guidance, or (2) some other process that measures employee turnover that SEAs adopted prior to the issuance of the July 2008 regulations, as reasonable documentation of the temporary nature of employment that appears to be constant and available year-round? No. See § 200.81(k) of the regulations. The 2003 MEP Non-Regulatory Guidance permitted an SEA to consider certain jobs temporary based on the turnover rate of workers within particular job categories. However, surveys that measure the turnover rate of workers in and out of a particular job do not account for situations in which workers continue to remain employed by the same employer in a succession of jobs. These types of surveys do not measure the temporary nature of a worker’s employment, but rather only the turnover within a particular job category. Thus, these types of surveys are not valid measures of ―temporary employment‖ as defined in § 200.81(k) of the regulations. Instead, the SEA should consider conducting an ―attrition rate study‖ to document the temporary nature of employment that appears to be constant and available year-round. Attrition Rate Study I8. What is an attrition rate study? An attrition rate study is one way that an SEA can confirm its basis for reasonably concluding, despite the appearance that employment at a worksite is constant and available year-round, that virtually no migratory agricultural or fishing workers remained employed by the same employer for more than 12 months. For those worksites where the results of the attrition rate study reveal that virtually no migratory agricultural or fishing workers remained employed for more than 12 months, the SEA can continue to conclude that workers who perform agricultural or fishing work at those worksites are employed temporarily. (See Step 2 of I3 of this section.) In this kind of study, an ―attrition rate‖ means the percent of all migratory agricultural or fishing workers at a particular worksite (1) who were previously identified as eligible for the MEP, and (2) whose employment appears to be constant and available year-round, but who do not remain employed at that worksite more than 12 months. I9. What attrition rate would permit an SEA to conclude that “virtually no workers remained employed by that employer more than 12 months”? The Department has adopted a presumption that an attrition rate of at least 90% for any given worksite satisfies the requirement that virtually none of the migratory agricultural or fishing workers hired Identification & Recruitment Handbook Section 8: Reference Materials, Page 58 Section 8 REFERENCE MATERIALS remained employed at that worksite for more than 12 months – and, therefore, the employment may be considered temporary. For worksites of five or fewer migratory workers who perform agricultural or fishing work that appears to be constant and available year-round (e.g., small dairy farms), calculating an attrition rate of 90% is impossible. Therefore, the Department considers the termination of employment for four out of five workers to be equivalent to ―virtually no workers remained employed by the same employer more than 12 months.‖ Similarly, the Department considers worksites with three out of four workers, and two out of three workers, leaving within 12 months or less to be equivalent to ―virtually no workers remained employed by the same employer more than 12 months.‖ I10. If an SEA is documenting the temporary nature of employment that appears to be constant and available year-round, does it make its temporary determination by employer or by worksite? An SEA that wants to document the temporary nature of employment that appears to be constant and available year-round is only required to make this determination by employer. Specifically, § 200.81(k) requires an SEA, for employment that appears to be constant and available year-round, to document that virtually no agricultural or fishing workers, whose children the SEA previously identified as eligible for the MEP, ―remained employed by the same employer more than 12 months‖ (emphasis added). However, in cases where the employer has several worksites, the Department recommends that the SEA consider going further, and conduct its study by each of the employer’s worksites. Conducting an attrition rate study by worksite allows an SEA to continue qualifying the children of agricultural or fishing workers who are employed at worksites that have a 90% or higher attrition rate even though the attrition rate for the employer (which combines all of the worksites) might be less than 90%. In this situation, if the SEA only conducted its attrition rate by employer, it would no longer be able to qualify the children of agricultural or fishing workers employed by this employer, because the employer’s overall attrition rate is not 90% or higher. Note, given the possible benefit of conducting an attrition rate study by employer’s worksite, the remainder of the discussion about attrition rate studies uses this perspective. I11. How would an SEA conduct an attrition rate study? The Department suggests following these steps: 1. Generate a list of migratory agricultural and fishing workers whose children are currently qualified as eligible under temporary employment. 2. Separate COEs for these workers into two categories: Category A – determinations of temporary employment based on the worker’s or employer’s statement that the job was temporary or the worker would not remain employed longer than 12 months; and Category B – determinations of temporary employment based on employment that appeared constant and available year-round, but which the SEA determined to be temporary. Note, COEs classified as Category A should not be factored into the attrition rate study or calculation since the purpose of the study is to confirm whether the SEA’s determination is correct. COEs classified as Category B will represent the pool of workers whose employment appears constant and available year round but that the SEA has determined to be temporary. 3. Further separate the COEs for Category B by worksite if this has not been done already. 4. Contact each of these workers (or the workers’ employer) to determine or verify: a. whether the worker is still employed at the same worksite listed on the COE; b. when the worker started working at that worksite; Identification & Recruitment Handbook Section 8: Reference Materials, Page 59 Section 8 REFERENCE MATERIALS c. when the worker stopped working at the worksite (if the worker has stopped working at the worksite); and d. whether the worker’s employment was terminated and resumed at any time during the 12 months. 5. Use the information from the results of the interviews to determine which of the Category B workers were employed at the same worksite for 12 months or less. 6. Calculate the percent of agricultural and fishing workers by worksite that the SEA can verify as being employed at that worksite for 12 months or less. See I12, immediately below, for information about calculating the attrition rate. I12. How can an SEA calculate an attrition rate? Attrition rates can be calculated as follows: (1) Determine the total number of agricultural and fishing workers at each worksite whose children were qualified as eligible according to the SEA’s determination of temporary employment for employment that appears to be constant and available year-round; i.e., steps 1 through 3 in I11, immediately above. Consider this number to be ―Y‖. (2) Determine the number of agricultural and fishing workers by worksite identified in Step 1 who were employed for 12 months or less; i.e., step 4 and 5 in I11, immediately above. Consider this number to be ―X‖. (3) Divide ―X‖ by ―Y‖ and multiply this number (―Z‖) by 100 to give you the attrition rate for each worksite in a percentage. Attrition Rate formula: X/Y=Z Z x 100 = Attrition rate (%) The following example demonstrates how the formula works: Worksite USA (X) Total number of agricultural workers from worksite USA that were employed for 12 months or less 32 (Y) Total number of agricultural workers at worksite USA whose children are qualified as eligible according to the SEA’s prior determination of temporary employment that appears to be constant and available year-round 120 Calculation: X/Y=Z Z x 100 = Attrition Rate (%) 32 / 120 = 0.266 0.266 x 100 =27% (round to the nearest tenth) Identification & Recruitment Handbook Section 8: Reference Materials, Page 60 Section 8 REFERENCE MATERIALS In this example, only 27% of agricultural workers at worksite USA were no longer employed after 12 months (i.e., 73% of workers were employed longer than 12 months). Despite the fact that workers at worksite USA were previously determined to be eligible for the MEP, agricultural or fishing work at worksite USA can no longer be considered temporary employment. This is because the SEA could not determine that ―virtually no workers remained employed by [worksite USA] more than 12 months,‖ as required by § 200.81(k) of the regulations. Therefore, the SEA must stop recruiting workers at worksite USA based on the SEA’s own determination of temporary employment. Workers at the site may still be determined to be migratory workers if the determination of temporary employment is based on the worker’s or employer’s statement. See I21 of this chapter. I13. How would an SEA select the workers for its attrition rate study? An SEA may use any approach that is reasonable to select workers for participation in its attrition rate study.1 Below are two suggested approaches. In both examples, the SEA should only include in its sample migratory agricultural workers and fishers whose children (or the children themselves if they were the workers) were previously determined to be eligible based on the SEA’s prior determination that the worker’s constant and available year-round employment was actually temporary. In other words, these samples would not include the children of workers whose employment was determined to be temporary based on the worker’s statement or the employer’s statement. 1. This approach relies on workers whose children were identified as eligible for the MEP during a specified 12-month time period. Depending on the 12-month time period that the SEA selects, this option will allow the SEA to determine the temporary nature of employment at a particular worksite as quickly as the SEA can conduct the interviews with the workers and analyze the data. To select workers2 using this approach, the SEA should generate a list of workers whose children were identified as eligible for the MEP during a specified 12-month time period (e.g., between September 1, 2008, and August 31, 2009). The SEA should select a time period that is sufficiently recent to ensure the most accurate data. However, to complete the attrition rate study as quickly as possible, it might want to ensure that at least 12 months have passed from the date the last child in the study was determined eligible. For example, if the last child in a September 1, 2008 through August 31, 2009 12-month list was determined eligible on August 31, 2009, the worker has until August 31, 2010, to leave his or her job before the SEA can determine whether the worker was employed at the same worksite for longer than 12 months. Thus, the overall timeframe for the attrition rate study would end on August 31, 2010. (That is, the period of analysis for this sampling approach will be no longer than 24 months.) 2. This approach selects workers whose children were identified as eligible for the MEP at a specific date in time. Depending on the date that the SEA chooses, it might have to wait as long as 12 months to complete its attrition rate study. To select workers using this approach, the SEA should generate a list of all workers whose children were eligible for the MEP at a specific date in time, for example, September 1, 2009. (Note: given a This guidance does not address requirements for statistically valid samples. SEAs should consult their own statistical experts if they choose to sample rather than interview the entire population. 1 Again, as used in these two approaches, the term “workers” should include only migratory agricultural workers and fishers whose children (or the children themselves if they are the workers) were previously determined to be eligible based on the State’s prior determination that the workers’ employment was temporary. 2 Identification & Recruitment Handbook Section 8: Reference Materials, Page 61 Section 8 REFERENCE MATERIALS child’s 36-month period of eligibility, children with qualifying arrival dates as early as September 2, 2006, will be included on this list.) When using this approach, the SEA should select a specific date in time that is sufficiently recent to ensure the most accurate data, but it should keep in mind that, depending on the date chosen, the SEA may have to wait as many as 12 months for the results of its attrition rate study. For example, if the SEA generates a list of children who were eligible on September 1, 2009, the sample could include children whose qualifying arrival date was as recent as August 31, 2009, and whose parent began his or her employment on that same date. In this situation, the worker has until August 31, 2010, to leave his or her job before the SEA can determine whether the worker was employed at the same worksite for longer than 12 months. These are just two approaches an SEA can use to select its workers to test whether employment that appears constant and available year-round can reasonably be considered temporary employment. The approach an SEA uses will depend on the amount of time the SEA has to complete its attrition rate study and what data the SEA has about such employment: e.g., the number of years the SEA has been collecting needed data, and the specific data the SEA has been collecting. I14. Is an attrition rate study the only vehicle SEAs may use to determine and document the temporary nature of work that appears to be constant and available year-round? No. An attrition rate study is one way an SEA might determine and document that of those agricultural and fishing workers whose children were previously determined to be eligible based on the SEA’s prior determination of the temporary nature of such employment (or the children themselves if they are the workers), virtually no workers remained employed by the same employer more than 12 months. Any SEA that adopts an alternate process should ensure that its process adequately determines that ―virtually no workers remained employed…more than 12 months‖ and should document its basis for reasonably making this conclusion. I15. Should an SEA include in its attrition rate study workers whose temporary employment determination was based on the worker’s statement or the employer’s statement? No. As we noted in step 2 of I11 of this chapter, the SEA should not include in its attrition rate study workers whose temporary employment determination was based on the worker’s statement or the employer’s statement. The purpose of the study is to determine whether employment that appears to be constant and year round is, in fact, temporary. In these cases, either the worker or the employer has already determined that the employment will not last longer than 12 months. I16. Should an SEA include in its attrition rate study workers who sought, but did not obtain, temporary employment in agricultural or fishing work? No. In this situation, the worker never obtained the employment, therefore, the SEA cannot determine the length of time the worker was employed. However, if the SEA knows that a specific worker obtained qualifying work after his or her children were recruited in to the MEP, the SEA should include the worker in the study and subsequently determine the length of time he or she was employed. I17. What should an SEA do if, when conducting its attrition rate study, it cannot locate a worker whom it previously determined was employed temporarily based on its own determination? In situations where the SEA cannot locate a worker whom it previously determined was employed temporarily based on the SEA’s determination, the SEA should contact the employer for information Identification & Recruitment Handbook Section 8: Reference Materials, Page 62 Section 8 REFERENCE MATERIALS about the worker’s length of employment. The SEA should only presume that the worker was not employed more than 12 months if the SEA can document that (1) the worker is no longer employed by the employer listed on the COE and (2) the worker was not employed by that employer for more than 12 months. If the SEA is unable to verify a worker’s length of employment by asking the employer, then the SEA may follow up with the children’s school district to see if the worker’s children are still enrolled and, if so, to obtain the worker’s most up-to-date contact information. The SEA could also check its State database or MSIX to determine if either of these resources has current information on the worker. If the SEA obtains more current contact information, it should again try to speak with the worker to determine that (1) the worker is no longer employed by the employer listed on the COE, and (2) the worker was not employed by that employer for more than 12 months. The Department strongly recommends that the SEA establish a process for recruiters to follow when verifying whether a worker is no longer employed at a worksite. If the SEA can document that (1) the worker is no longer employed by the employer listed on the COE and (2) the worker was not employed by that employer for more than 12 months, it should include the worker in both the X and Y variables described in question I12 of this section. If the SEA cannot confidently document both of these criteria, then it should not include the worker in either variable. I18. When calculating attrition rates, how should an SEA take into account a migratory agricultural or fishing worker who changed jobs but is still employed at the same worksite? The fact that a worker changed jobs is irrelevant. A worker who changes jobs at a worksite should be included, in an attrition rate study, in the same manner as all other workers—by considering whether he or she remained employed at the worksite for 12 months or less. I19. What should an SEA do if it determines that employment at a particular worksite does not meet the “virtually no workers remained employed…more than 12 months” threshold? Must the SEA stop serving, and remove from its rolls, those children whom it recruited in good faith? If the SEA determines that employment at a worksite does not meet this threshold, it must stop recruiting the children of workers at these worksites on the basis of the SEA’s own documentation that the employment at the worksite is temporary, because it has found otherwise. However, the SEA may continue to qualify the children of workers at these worksites if the determination of temporary employment is based on the worker’s or the employer’s statement that the work is to be temporary and the worker will not remain employed longer than 12 months, the child would still be eligible for the MEP (assuming all other eligibility criteria are met). Children who were recruited by the SEA (1) on a reasonable basis (i.e., in good faith) that the employment that appeared constant and year-round could be considered temporary (see H11 of this chapter and the corresponding references), and (2) before the SEA completed its attrition rate study, remain eligible for the duration of their 36-month eligibility period starting with their last qualifying move. I20. Once the SEA has determined which worksites meet the “virtually no workers remained employed by the same employer more than 12 months” threshold, can it find all children of agricultural or fishing workers at those sites to be eligible for the MEP? Yes, provided that the children meet all other MEP eligibility requirements. The purpose of determining which worksites meet the ―virtually no workers remained employed…more than 12 months‖ threshold is Identification & Recruitment Handbook Section 8: Reference Materials, Page 63 Section 8 REFERENCE MATERIALS to permit anyone who works in agricultural or fishing work at these worksites to be considered employed on a temporary basis, regardless of any employer or worker statement that the work is intended to be permanent, and thus to permit their children to be considered migrant so long as all other MEP eligibility criteria are met. I21. If an SEA has determined that employment at a particular worksite is not “temporary employment” (based on the SEA’s documentation), but the worker indicates that he or she intended to remain employed at that site less than 12 months, can the SEA qualify the child so long as all other eligibility criteria are met? Yes. As we noted in I19 of this chapter, an SEA may rely on a worker’s statement to determine that employment is temporary even if the SEA’s documentation demonstrates that the constant and available year-round employment is not ―temporary‖. In this case, it is the worker’s statement about his or her intention that makes the employment temporary. E. Other Changes to MEP Eligibility J1. Does the migratory worker’s temporary or seasonal agricultural or fishing employment have to be a “principal means of livelihood”? No. The MEP regulations published on July 29, 2008, removed the prior requirement that one’s agricultural or fishing work needs to be a principal means of livelihood. J2. Does the fact that a worker and child moved to relocate permanently affect the child’s eligibility for the MEP? No. The July 29, 2008 regulations define ―move‖ or ―moved‖ as it pertains to the MEP as a change from one residence to another residence that occurs due to economic necessity. Under this definition, the fact that a worker moved to permanently relocate does not matter so long as (1) another purpose of the worker’s move was to obtain either qualifying work or any employment (not to include a move specifically for non-qualifying work), (2) the worker obtained qualifying work soon after the move, and (3) all other conditions of a qualifying move were met. J3. Must the SEA consider whether an “initial commercial sale” has occurred in order to determine if the agricultural or fishing work can be considered qualifying? No. The new regulations also removed the phrase ―initial commercial sale‖ from the definition of agricultural work and fishing work. SEAs are no longer required to determine whether an ―initial commercial sale‖ has occurred in order to determine if the work can be considered agricultural work or fishing work for purposes of the MEP. F. Documenting Eligibility K1. What responsibility does an SEA have to document eligibility determinations? An SEA must document eligibility determinations in order to comply with § 76.731 of EDGAR, which provides that ―[a] State and a subgrantee shall keep records to show its compliance with program requirements.‖ As the MEP statute and regulations provide that only eligible migrant children (i.e., those who meet the definitions contained in section 1309(2) of the MEP statute and § 200.81 of the MEP regulations) may be counted for and served by the MEP, each SEA must maintain documentation to confirm the eligibility of each child whom the SEA considers to be eligible for the program. In this Identification & Recruitment Handbook Section 8: Reference Materials, Page 64 Section 8 REFERENCE MATERIALS regard, § 200.89(c) of the regulations requires an SEA and its local operating agencies to use the Certificate of Eligibility (COE) form established by the Secretary to document the State’s determination of the eligibility of migratory children. (For more information about ID&R quality control requirements, see Chapter III titled Identification, Recruitment, and Quality Control.) K2. What does the COE established by the Secretary require? The COE established by the Secretary (the ―national COE‖) consists of required data elements and required data sections necessary for documenting a child’s eligibility for the MEP. A third part, for Staterequested or required information, is optional. Each State’s COE may look different, but every State’s COE must include all of the required data elements and the required data sections contained in the national COE. K3. What are the required data elements of the national COE? The required data elements of the national COE are organized as Family Data and Child Data. The Family Data are as follows: Male Parent/Guardian Last Name, Male Parent/Guardian First Name, Female Parent/Guardian Last Name, Female Parent/Guardian First Name, Current Address, City, State, Zip Code, and Telephone. The Child Data are as follows: Last Name 1, Last Name 2, Suffix, First Name, Middle Name, Sex, Birth Date, Multiple Birth Flag (or MB), Birth Date Verification Code (or Code), and Residency Date. K4. What are the required data sections for the national COE? The required data sections mandated by the national COE are as follows: Qualifying Move & Work Section, Comment Section, Parent/Guardian/Worker/Spouse Signature Section, and Eligibility Certification Section. The content of these sections must remain unaltered, with limited exceptions. Certain formatting changes are allowable. K5. May an SEA include its own State-requested or State-required information on the national COE? Yes. As mentioned in K2 of this chapter, an SEA may include State-requested or State-required information on the national COE, within certain parameters. An SEA may only include its own information to the extent space is available on the single page in which the required data elements and the required data sections are included. However, an SEA may include its own information on additional pages that are to be attached to the single eligibility page. And, in general, an SEA may not collect any State-required or State-requested information inside any of the required data sections on the national COE. The Department has made limited exceptions to this last standard. For more information about exceptions for State-requested or State-required information, please see the national COE instructions at http://www2.ed.gov/programs/mep/legislation.html. K6. Where can an SEA find more information about the national COE requirements? Detailed information about the national COE, including how to complete a COE and specifics about how a State may design its COE to be in compliance with the July 2008 regulatory requirements, is available on the Department’s website at http://www2.ed.gov/programs/mep/legislation.html or by calling the Department’s Office of Migrant Education at (202) 260-1164. Identification & Recruitment Handbook Section 8: Reference Materials, Page 65 Section 8 K7. REFERENCE MATERIALS Must each SEA maintain a COE on all children eligible for the MEP? Yes. Every child who the SEA determines is eligible for the MEP must have the basis for his or her eligibility recorded on the national COE. Children within the same family may be recorded on one COE so long as all of the children have the same eligibility information. K8. When should a recruiter complete a new COE? In order to ensure that children remain eligible to be counted and served by the MEP as long as is appropriate, recruiters should complete a new COE every time a child makes a new qualifying move. K9. Must the parent or guardian sign the national COE? Except for a few limited exceptions, yes. (See the instructions for completing the national COE at http://www2.ed.gov/programs/mep/legislation.html for more information about these exceptions.) By signing the national COE, the parent or guardian confirms that the information he or she provided is accurate and identifies who provided the information so that the SEA can verify information contained on the COE at a later date, if necessary. K10. Must the recruiter sign the national COE? Yes. The recruiter's signature on the national COE certifies that: (1) the children are eligible for the MEP, and (2) the information upon which the recruiter based the eligibility determination is correct to the best of his or her knowledge. Moreover, under § 200.89(c) and (d), the Department requires this signature on the national COE as an element of a reasonable system of quality control. K11. Must someone else review the information on the national COE? Yes. As part of a sound system of quality control, § 200.89(d)(4) of the MEP regulations (as revised on July 29, 2008) requires that the system of quality control that an SEA establishes must include ―[a]n examination by qualified individuals at the SEA or local operating agency level of each COE to verify that the written documentation is sufficient and that, based on the recorded data, the child is eligible for MEP services.‖ Therefore, the SEA may designate someone at the State, regional, or local level to assume this responsibility. This person must sign and date the national COE to indicate that this level of review has occurred. (For more information about ID&R quality control requirements, see 34 CFR 200.89.) II. K12. May an SEA base its determination of a child’s eligibility on a qualifying move that occurred in another State within the past 36 months? Yes. It is possible that a child and his or her family will make a qualifying move, for example, to State A and then make a subsequent non-qualifying move to State B. So long as State B identifies the child within 36 months of the qualifying move, it may enroll the child in the MEP on the basis of the qualifying move to State A for the remainder of the 36 months. In doing so, State B makes its own independent determination that the child is eligible based on the earlier qualifying move as well as completes its own State’s COE. SEAs are encouraged to coordinate with the State in which the qualifying move occurred to confirm the qualifying information. Identification & Recruitment Handbook Section 8: Reference Materials, Page 66 Section 8 III. REFERENCE MATERIALS K13. May a recruiter accept automatically another State’s COE as evidence of a child’s eligibility for the MEP? No. Each State is responsible for making its own eligibility determination for the children it enrolls in the MEP. However, the Department encourages States to share information and to utilize each other’s information to assist in making eligibility determinations. Identification & Recruitment Handbook Section 8: Reference Materials, Page 67