ESSA Changes 201 An IRRC Presentation 2017 ID&R Forum

Presenters Michael Maye Director, IRRC Zach Taylor South Carolina Migrant Education Program State ID&R Coordinator Bernardo Sánchez-Vesga Georgia Migrant Education Program

What is IRRC ? IRRC is one of four Consortium Incentive Grants whose primary objective is to improve the proper and timely identification and recruitment of eligible migratory children.

www.idr-consortium.net

IRRC Initiatives IRRC website- www.idr-consortium.net State ID&R plan template ID&R Competency Skills Assessment IRRC newsletter TRI (Targeted Response to ID&R) team deployments Interstate coordination activities Improved consistency across member states Agribusiness and agency partnerships

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ESSA Changes 201 Session Objectives Review key ESSA guidelines that effect MEP eligibility determinations Accurately apply new knowledge through the use of eligibility scenarios Accurately complete COE’s based on new ESSA guidance (work and moves section) Practice using key support materials to aid in accurate eligibility determination and COE completion under ESSA

References Statute Code of Federal Regulations Guidance Sections 1115(b) and (c), 1304(c)(2), and 1309 of the Elementary and Secondary Education Act (ESEA) of 1965, as amended by the Every Student Succeeds Act (ESSA) of 2015 Code of Federal Regulations 34 C.F.R. 200.81, 200.103, and 200.89(c) National Certificate of Eligibility (COE) Instructions (OMB Control Number 1810-0662) Guidance Chapter II of the Non-Regulatory Guidance for the Title I, Part C Education of Migratory Children (March 2017)

*Important Notes* Ultimately, each individual state has the final authority and responsibility to determine child eligibility A high percentage of eligibility determinations that you will make under ESSA will be identical to the way you have understood eligibility under NCLB

One Key Difference Under ESSA Under ESSA, there are scenarios in which a worker can move alone to engage in qualifying work, independent of his child or children, return to be with his family, then make another move with his child or children for reasons that may not involve qualifying activity, but the child or children can still be eligible.

The ESSA Toolkit Tools COE (work and moves section) ESSA checklist Definitions Scenarios

ESSA- Important Definitions Qualifying Move Migratory Child Migratory Agricultural Worker QAD- Qualifying Arrival Date

Qualifying Move A qualifying move is: made due to economic necessity; and from one residence to another residence; and from one school district to another school district.* In order to obtain qualifying work

Migratory Child 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 The child is not yet at a grade level at which the LEA provides a free public education, and The child made a qualifying move in the preceding 36 months as a migratory agricultural worker or a migratory fisher, or did so with, or to join a parent/guardian or spouse who is a migratory agricultural worker or a migratory fisher; and

Migratory Agricultural Worker Individual who: in the preceding 36 months, made a qualifying move and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture

If The Worker Did Not Engage in New Qualifying Activity If an individual did not engage in new employment soon after a qualifying move, such an individual may be considered a migratory agricultural worker if the individual- Actively sought such new employment, and, Has a recent history of moves for temporary or seasonal agricultural employment * No supporting documentation is required beyond worker’s statement and the recruiters use of the comments section

What Does “Actively Sought” Mean ? Means that the worker took positive actions to seek work If the worker moved reasonably believing work would be available, this is a basis for “actively sought” Must have taken place within 60 days of the move (soon after) Worker’s statement is sufficient to establish that they actively sought (must be documented in the comments section)

Recent History of Moves An individual may qualify through a recent of history of moves if those moves were made with, or to join, a parent/guardian or spouse who was the migratory worker Worker’s statement is sufficient basis to establish recent history of moves Recent history should not exceed 36 months As “moves” is plural, at least 2 moves must have been made Do not have to be qualifying moves (from one district to another)

QAD- Qualifying Arrival Date The date both the child and worker complete the qualifying move.

ESSA – Additional Factors “Soon after” window has been expanded from 30 days to 60 days. Trees- Initial processing of trees is now a recognized qualifying activity. Previously, this area was confined to cultivation and harvesting.

ESSA – Initial Processing of Trees

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ESSA – Scenarios Let’s Practice !!!

The ESSA Toolkit Tools COE (work and moves section) ESSA checklist Definitions Scenarios

Scenario #1 Amanda Lopez, age 11, lived with her parents in Cornelia, GA. Her father, Edgar Lopez, who is a mechanic by trade, lost his job. Edgar moved on his own to Lyons, GA, on November 17, 2016, where he immediately (within a few days) started work planting onions. Amanda’s father returned to Cornelia on December 28, 2016 to rejoin his family. Very soon after Edgar returned to Cornelia, Amanda’s mother found a job at a hotel in Atlanta, GA. The entire family moved together from Cornelia, GA to Atlanta, GA on January 26, 2017. A MEP recruiter interviewed Amanda’s parents on July 15th, 2017. Is Amanda eligible for MEP services? If she is eligible, what is the QAD?

Scenario #1- Response Is Amanda eligible for MEP services? YES What is the QAD? 01/26/17  Is the child under age 22 and still entitled to a free public education (through grade 12) in the State? YES  Did the child make a qualifying move in the preceding 36 months ? YES due to economic necessity? from one residence to another? from one school district to another?  Was the child’s qualifying move- On his or her own as a migratory agricultural worker or migratory fisher? OR With, or to join a parent/guardian or spouse who is a migratory agricultural worker or migratory fisher? YES  The migratory agricultural worker or migratory fisher- Made a qualifying move, and, YES Engaged in new qualifying activity, YES

Scenario #1- COE 1. The child(ren) listed on this form moved due to economic necessity from a residence in /Cornelia / _GA to a residence in _Atlanta / GA  2. The child(ren) moved (complete both a. and b.): a. □ as the worker, OR ۞ with the worker, OR □ to join or precede the worker. b. The worker, Edgar Lopez is □ the child or the child’s ۞ parent/guardian □ spouse. i.(Complete if “to join or precede” is checked in #2a.) The child(ren) moved on: MM/DD/YY . The worker moved on: MM/DD/YY (provide comment) 3. The Qualifying Arrival Date was 01/26/17 4.The worker moved due to economic necessity on ____11/17/16__, from a residence in Cornelia/ GA/ USA to a residence in Lyons/ GA, and: a. ۞ engaged in new qualifying work soon after the move (provide comment if worker engaged more than 60 days after the move), OR b. □ actively sought new qualifying work after the move AND has a recent history of moves for qualifying work (provide comment) 5. The qualifying work,* _Planting onions_ was (make a selection in both a. and b.): a. ۞ seasonal OR □ temporary employment b. ۞ agricultural OR □ fishing work *If applicable, check: □ personal subsistence (provide comment) 6. (Complete if “temporary” is checked in #5a) The work was determined to be temporary employment based on: a. □ worker’s statement (provide comment), OR b. □ employer’s statement (provide comment), OR c. □ State documentation for _________Employer__________.

Scenario #2 On July 15th, 2017, a MEP recruiter identifies Rodolfo Cortéz who moved from Houston, Texas to Laurel, South Carolina in order to find work picking watermelons. Rodolfo is 17 years old and has never moved to work before. Upon arrival in Laurel on July 8th, 2017, Rodolfo moved in with some friends he knew from the town where he grew up. That same day, the foreman told Rodolfo that once the season picked up in a few weeks, there would be plenty of work and that he would hire Rodolfo at that time. As of July 15th, 2017 (the day of the interview with Rodolfo), he had not begun to work yet.   Is Rodolfo eligible for the MEP ?

Scenario #2- Response Is Rodolfo eligible for MEP services? NO  Is the child under age 22 and still entitled to a free public education (through grade 12) in the State? YES  Did the child make a qualifying move in the preceding 36 months ? YES due to economic necessity? from one residence to another? from one school district to another?  Was the child’s qualifying move- On his or her own as a migratory agricultural worker or migratory fisher? NO OR With, or to join a parent/guardian or spouse who is a migratory agricultural worker or migratory fisher? NO  The migratory agricultural worker or migratory fisher- Made a qualifying move, and, YES Engaged in new qualifying activity, NO OR Did not engage in new qualifying activity, but, Actively sought new qualifying work, and, NO Has a recent history of moves for qualifying work NO

Scenario #3 On November 12, 2016, Sean Smith (age 31), his wife Caroline (age 29), and their nine-year-old daughter Elisa, moved from Baltimore, Maryland, to Philadelphia, Pennsylvania, where Sean found a job in construction with his brother-in-law. Sometime in June of 2017, Sean was fired from his construction job due to frequent tardiness because he drank a lot. On August 27th, 2017, Sean moved on his own to Elba, New York, where he worked picking apples. On October 11th, 2017, Sean returned to Philadelphia, PA to rejoin his family. A recruiter interviews the father on October 15th, 2017. Is Sean and Caroline’s daughter, Elisa, eligible for MEP services?

Scenario #3- Response Is Elisa eligible for MEP services? NO At the time Elisa made qualifying moves with her parents, her father had not yet established himself as a migratory agricultural worker.  Is the child under age 22 and still entitled to a free public education (through grade 12) in the State? YES  Did the child make a qualifying move in the preceding 36 months ? YES due to economic necessity? from one residence to another? from one school district to another?  Was the child’s qualifying move- On his or her own as a migratory agricultural worker or migratory fisher? NO OR With, or to join a parent/guardian or spouse who is a migratory agricultural worker or migratory fisher? NO  The migratory agricultural worker or migratory fisher- Made a qualifying move, and, YES Engaged in new qualifying activity, YES

Scenario #4 Josué Martinez, a 17-year old out-of-school youth, left his home in Acatlán, Mexico, to join his brother in Vidalia, GA. He left his home in Mexico in late January and arrived at his brother’s home on March 1, 2017. Three weeks after arriving in GA, Josué began working (picking onions) at the same farm where his brother works. Is Josué eligible for MEP services?

Scenario #4- Response Is Josué eligible for MEP services? YES  Is the child under age 22 and still entitled to a free public education (through grade 12) in the State? YES  Did the child make a qualifying move in the preceding 36 months ? YES due to economic necessity? from one residence to another? from one school district to another?  Was the child’s qualifying move- On his or her own as a migratory agricultural worker or migratory fisher? YES OR With, or to join a parent/guardian or spouse who is a migratory agricultural worker or migratory fisher?  The migratory agricultural worker or migratory fisher- Made a qualifying move, and, YES Engaged in new qualifying activity soon after the move, YES

Scenario #4- COE 1. The child(ren) listed on this form moved due to economic necessity from a residence in /Acatlan / HG / Mex to a residence in Vidalia / GA  2. The child(ren) moved (complete both a. and b.): a. ۞ as the worker, OR □ with the worker, OR □ to join or precede the worker. b. The worker, Josue Martinez is ۞ the child or the child’s □ parent/guardian □ spouse. i.(Complete if “to join or precede” is checked in #2a.) The child(ren) moved on: MM/DD/YY . The worker moved on: MM/DD/YY (provide comment) 3. The Qualifying Arrival Date was 03/01/17 4.The worker moved due to economic necessity on ____03/01/17__, from a residence in Acatlan / HG / Mex to a residence Vidalia / GA and: a. ۞ engaged in new qualifying work soon after the move (provide comment if worker engaged more than 60 days after the move), OR b. □ actively sought new qualifying work after the move AND has a recent history of moves for qualifying work (provide comment) 5. The qualifying work,* _Picking onions_ was (make a selection in both a. and b.): a. ۞ seasonal OR □ temporary employment b. ۞ agricultural OR □ fishing work *If applicable, check: □ personal subsistence (provide comment) 6. (Complete if “temporary” is checked in #5a) The work was determined to be temporary employment based on: a. □ worker’s statement (provide comment), OR b. □ employer’s statement (provide comment), OR c. □ State documentation for _________Employer__________.

Scenario #5 Lucas Arroyo, age 14, and his parents lived in Monmouth, Oregon. For as long as Lucas can remember, his family has moved to Tacoma, Washington each summer where his parents worked a temporary job canning salmon. The last move they made for this reason was on June 11, 2016. This year they moved to Tacoma, WA on June 7, 2017. Upon arrival in Tacoma, Lucas’ father, Aparicio, went to the cannery where he had worked for the previous two summers and was told that work was slower than usual and that there were no jobs available. The family stayed in Tacoma where the mother found work at a local restaurant. Is Lucas eligible for the MEP?

Scenario #5- Response Is Lucas eligible for MEP services? YES  Is the child under age 22 and still entitled to a free public education (through grade 12) in the State? YES  Did the child make a qualifying move in the preceding 36 months ? YES due to economic necessity? from one residence to another? from one school district to another?  Was the child’s qualifying move- On his or her own as a migratory agricultural worker or migratory fisher? OR With, or to join a parent/guardian or spouse who is a migratory agricultural worker or migratory fisher? YES  The migratory agricultural worker or migratory fisher- Made a qualifying move, YES and, Did not engage in new qualifying activity, but, Actively sought new qualifying work, and, YES (explain, indicate in comments section of COE) Has a recent history of moves for qualifying work YES (indicate recent history in comments section)

Scenario #5- COE The child(ren) listed on this form moved due to economic necessity from a residence in Monmouth, OR, to a residence in Tacoma, WA.   2. The child(ren) moved (complete both a. and b.): a. □ as the worker, OR ۞ with the worker, OR □ to join or precede the worker. b. The worker, Aparicio Arroyo is □ the child or the child’s ۞ parent/guardian □ spouse. i.(Complete if “to join or precede” is checked in #2a.) The child(ren) moved on: MM/DD/YY . The worker moved on: MM/DD/YY (provide comment) 3. The Qualifying Arrival Date was 06/07/17 4.The worker moved due to economic necessity on ____06/07/17__, from a residence in Monmouth, OR to a residence in Tacoma, WA , and: a. □ engaged in new qualifying work soon after the move (provide comment if worker engaged more than 60 days after the move), OR b. ۞ actively sought new qualifying work after the move AND has a recent history of moves for qualifying work (provide comment) 5. The qualifying work,* _canning salmon was (make a selection in both a. and b.): a. □ seasonal OR ۞ temporary employment b. □ agricultural OR ۞ fishing work *If applicable, check: □ personal subsistence (provide comment) 6. (Complete if “temporary” is checked in #5a) The work was determined to be temporary employment based on: a. ۞ worker’s statement (provide comment), OR b. □ employer’s statement (provide comment), OR c. □ State documentation for _________Employer__________.

Scenario #5- Comments 4b. Actively Sought- The worker made a qualifying move to Tacoma, WA on June 7th, 2017 believing temporary work was available at the YAK processing plant. (The worker had worked at this same place for many years in a row previous to this year). 4b. Recent History- In June, 2015, and in June, 2016, the worker made moves from Monmouth, Oregon to Tacoma, WA to do work canning salmon. 6a. Temporary Work- The worker has stated that he only intended to work this job for the summer, then return to Monmouth, Oregon. The family has followed this pattern of mobility and work for the past several summers. Place of Work: YAK Processing Plant, 3755 Willingham St., Tacoma, WA

Key Resources http://www.idr-consortium.net/NationalIDRresources.html - link to Non-regulatory Guidance and National COE. https://results.ed.gov/legislation - link to OME Results page. Contains Q&As from July and August

Comments or Questions… www.idr-consortium.net

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