1. 17 September 20091 Basic Eligibility for the High School Equivalency Program (HEP) and College Assistance Migrant Program (CAMP) Nathan Weiss US Department of Education Office of Migrant Education HEP and CAMP Directors Meeting Washington, D.C. 14 July 2009 Basic Eligibility

2. To Do, To Know and To Be To know the basis of eligibility qualifications To know the organization of qualifications from the laws and regulations To be able to make accurate basic eligibility determinations for HEP and CAMP To be able to screen for eligibility through MEP and WIA To be an advocate for migrant students by properly identifying them 17 September 2009 Basic Eligibility 2

3. Organizational Overview of Eligibility 17 September 2009 Basic Eligibility 3 HEP 418A(b)(1): Age, School Attendance, Work, MEP, WIA, Education Status CAMP 418A (c)(1)(A): Work, MEP, WIA, College or University Attendance LAW Title IV, Section 418A of the Higher Education Act of 1965 as amended by section 408 of the Higher Education Opportunity Act P.L. 110-315 (H.R. 4137) General HEP and CAMP participation eligibility: Work, MEP, WIA Special HEP Qualifications: Education Status, School Attendance, Age, Need Special CAMP Qualifications: IHE Admission, Not Beyond 1 st Year in IHE, Need Current REG Program Definitions: Agricultural Activity, Farmwork, Full-time, IHE, Migrant Farmworker, Seasonal Farmworker

4. Proposed Regulations Updated Regulations needed due to reauthorization of HEP/CAMP by Higher Education Opportunity Act. Negotiated Rulemaking process to draft proposed regulatory language concluded in April of this year. Key updates involve the definition of "immediate family member" and the introduction of language regarding prior experience points into the regulation. Notice of Proposed Rulemaking should be out by the end of September, 2009. 17 September 2009 Basic Eligibility 4

5. Guidance in Development Ongoing process of working towards issuing HEP/CAMP program guidance Updated to reflect new statutory language, proposed regulations, and feedback from the sessions on guidance at the last two Directors Meetings 17 September 2009 Basic Eligibility 5

6. It’s about the WORK! 17 September 2009 Basic Eligibility 6 Migrant or Seasonal Farmworker—who primary employment was in farmwork on a temporary or seasonal basis and In last 24 months has 75 days of Farmwork—agricultural activity for wages or personal subsistence on a farm, ranch or similar establishment Agricultural Activity—related to production of livestock dairy products crops poultry harvesting of trees cultivation of trees fish farms

7. Migrant or Seasonal Farmworker—who primary employment was in farmwork on a temporary or seasonal basis and It’s about the WORK! 17 September 2009 Basic Eligibility 7 In last 24 months has 75 days of Farmwork—agricultural activity for wages or personal subsistence on a farm, ranch or similar establishment Agricultural Activity—related to production of livestock Dairy products crops poultry harvesting of trees cultivation of trees fish farms

8. Migrant or Seasonal Farmworker—who primary employment was in farmwork on a temporary or seasonal basis and It’s about the WORK! 17 September 2009 Basic Eligibility 8 In last 24 months has 75 days of Farmwork—agricultural activity for wages or personal subsistence on a farm, ranch or similar establishment Agricultural Activity—related to production of livestock Dairy products crops poultry harvesting of trees cultivation of trees fish farms

9. Words to Live By! 17 September 2009 Basic Eligibility 9 34 CFR §206.3 Who is eligible to participate in a project? (a)General. To be eligible to participate in a HEP or CAMP project— (1) A person, or his or her immediate family member, must have spent a minimum of 75 days during the past 24 months as a migrant or seasonal farmworker; or (2) The person must have participated (with respect to HEP within the last 24 months), or be eligible to participate, in programs under 34 CFR part 200, Subpart C (Title I --Migrant Education Program) or 20 CFR part 633 (Employment and Training Administration, Department of Labor--Migrant and Seasonal Farmworker Programs).

10. 17 September 2009 Basic Eligibility 10 Immediate family member means one or more of the following: (i) A spouse. (ii) A parent, step-parent, adoptive parent, foster parent, or anyone with guardianship. (iii) Any person who-- (A) Claims the individual as a dependent on a Federal income tax return for either of the previous two years, or (B) Resides in the same household as the individual, supports that individual financially, and is a relative of that individual. Proposed Definition of “immediate family member”

11. Definitions 17 September 2009 Basic Eligibility 11 was employed for at least 75 days in farmwork Seasonal farmworker means a person who, within the past 24 months, was employed for at least 75 days in farmwork, and whose primary employment was in farmwork on a temporary or seasonal basis (that is, not a constant year- round activity). Migrant farmworker means a seasonal farmworker—as defined in paragraph (c)(7) of this section—whose employment required travel that precluded the farmworker from returning to his or her domicile (permanent place of residence) within the same day.

12. Definitions 17 September 2009 Basic Eligibility 12 agricultural activity Farmwork means any agricultural activity, performed for either wages or personal subsistence, on a farm, ranch, or similar establishment. Agricultural activity means: (i) Any activity directly related to the production of crops, dairy products, poultry, or livestock; (ii) Any activity directly related to the cultivation or harvesting of trees; or (iii) Any activity directly related to fish farms.

13. Other Definitions 17 September 2009 Basic Eligibility 13 MEP Non-Regulatory Guidance can be found at: http://www.ed.gov/programs/mep/legislation.html Includes definitions of relevant terms such as personal subsistence and fish farm.

14. Production … 17 September 2009 Basic Eligibility 14 Agricultural production includes work on farms, ranches, dairies, orchards, nurseries, and greenhouses engaged in the production of crops, plants, or vines and the keeping, grazing, or feeding of livestock or livestock products for sale. The term also includes the production of bulbs, flower seeds, vegetable seeds, and specialty operations such as sod farms, mushroom cellars, and cranberry bogs (MEP Draft Non-Regulatory Guidance 2003, p. 20). Versus…

15. Processing 17 September 2009 Basic Eligibility 15 The term “processing” means working with a raw agricultural or fishing product and transforming it into a more refined product. According to the U.S. Department of Agriculture, processing includes: cooking, baking, curing, heating, drying, mixing, grinding, churning, separating, extracting, slaughtering, cutting, fermenting, distilling, eviscerating, preserving, dehydrating, freezing, chilling, packaging, canning, jarring, or otherwise enclosing food in a container. OME adopts this definition as those activities that are directly related to processing. (MEP Draft Non-Regulatory Guidance 2003, p. 21).

16. Components of Qualifying WORK  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal 17 September 2009 Basic Eligibility 16

17. HEP Eligibility Factors 17 September 2009 Basic Eligibility 17 The Law: Higher Education Act of 1965 – Section 418A As amended by section 408 of P.L. 110-____ (H.R. 4137) The Regulations: General HEP participation eligibility; Special HEP Qualifications; Program Definitions Is/Does the possible participant: A. 16 years old or beyond the state’s compulsory age? B. not enrolled in school? C. not have a high school diploma or equivalent? D. have qualifying WORK? Or have an immediate family member with qualifying WORK? E. need, as determined by the grantee, the academic and supporting services and financial assistance provided by the project to gain employment or be placed in an IHE or other postsecondary education or training? Age School Enrollment School Completion Qualifying Work Need

18. CAMP Eligibility Factors 17 September 2009 Basic Eligibility 18 The Law: Higher Education Act of 1965 – Section 418A As amended by section 408 of P.L. 110-____ (H.R. 4137) Section 401(a) and (b); and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (also knows as the Welfare Reform Act) The Regulations: General HEP participation eligibility; Special HEP Qualifications; Program Definitions Is/Does the possible participant: A. able to be enrolled or admitted for enrollment as a full-time student at the participating IHE? B. Have at least a “qualified alien” status? C. not beyond the first academic year of a program of study at the IHE, as determined by the standards of the IHE? D. have qualifying WORK? Or have an immediate family member with qualifying WORK? E. need, as determined by the grantee, the academic and supporting services and financial assistance provided by the project in order to complete an academic program of study at the IHE ? IHE AdmissionFirst-yearQualifying WorkNeedStatus

19. But what about MEP and WIA? Referrals MEP or WIA programs may refer possible participants to your HEP or CAMP. It is still the project’s responsibility to have accurate documentation of all pertinent eligibility requirements. Identification If, after rudimentary screening, the person might qualify for the project through MEP or WIA, then you should contact your local area representative for that program. That program makes a determination or otherwise documents eligibility. 17 September 2009 Basic Eligibility 19 HEP and CAMPs must have documentation to ensure eligibility for the services of the project.

20. Screening for MEP Is the possible participant 22 years old or younger? Does the possible participant do agricultural or fishing work that may be temporary or seasonal? Do they have a family member who does? Has the possible participant moved in the last three years because of the work mentioned above? 17 September 2009 Basic Eligibility 20

21. Screening for WIA Does the possible participant have qualifying work as a migrant or seasonal farmworker under the WIA definitions? Is the possible participant a citizen, national, permanent resident alien, a refugee, an asylee, etc. of the U.S.? Is the possible participant disadvantaged according to WIA definitions? 17 September 2009 Basic Eligibility 21

22. Document, Document, Document An accurate eligibility determination does not mean anything unless you can demonstrate how the determination was made! For 75 days in 24 months eligibility, projects should develop a form to record this information. For MEP and WIA, projects are encouraged to maintain documentation from those programs with the pertinent eligibility information (e.g. COE for MEP eligiblity). Projects should have internal quality control procedures for eligibility verification as well. 17 September 2009 Basic Eligibility 22

23. What do I need to know about a possible participant for eligibility? 17 September 2009 Basic Eligibility 23 Has a son that is picking green beans. Acabar de cambiarse de Harlingen. Drives an old car. Drives a tomato truck. Wants to be the first in the family to go to college. Wants to get GED. Mom picked sugar beets in Montana. Graduarse de preparatoria en Mexico. On disability. Has a son who’s 9 years old. Worked on a chicken ranch. Has a spouse that is picking green beans. Acabar de cambiarse de Harlingen. Mom picked sugar beets in Montana. Wants to get GED. Drives a tomato truck. Wants to be the first in the family to go to college. Graduarse de preparatoria en Mexico. Worked on a chicken ranch.

24. What do I need to know about a possible participant for eligibility? 17 September 2009 Basic Eligibility 24 Has a spouse that is picking green beans. Acabar de cambiarse de Harlingen. Mom picked sugar beets in Montana. Wants to get GED. Drives a tomato truck. Wants to be the first in the family to go to college. Graduarse de preparatoria en Mexico. Worked on a chicken ranch. Migrant Farmworker Production of crops Immediate Family School Completion Immediate Family Production of poultry School Completion

25. Putting it all together 17 September 2009 Basic Eligibility 25 Has a spouse that is picking green beans. Is this work seasonal or temporary? Has the spouse done it for at least 75 days in the last 24 months? Is the participant beyond the age of 16 or your state’s compulsory age of attendance Does the spouse need the services of the project?

26. Eligibility Concerns HEP CAMP 17 September 2009 Basic Eligibility 26 Age School Enrollment School Completion Qualifying Work Need IHE AdmissionFirst-year Qualifying Work Need Status

27. CAMP Scenario #1 Ruben, 18, just graduated from Hillcrest High School and plans to attend the local state university. His father is a long-haul trucker for Tyson foods and his mom works full-time in the office of a local landscaper. Now that Ruben is out of school, he sometimes joins his dad on cross-country hauls. He is interested in getting his degree in Marine Biology. Assuming all other eligibility factors are met, is he eligible for CAMP? 17 September 2009 Basic Eligibility 27

28. 17 September 2009 Basic Eligibility 28 CAMP Scenario #1 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK No ------ Wages No  IHE Admission  Status  First-year  Need ---- HSD, Age, Has not attended college Determined in Need by Grantee X X X X X X X NOT ELIGIBLE Assume Status

29. HEP Scenario #2 Omar came from Coahuila, Mexico to Green Forrest, Arkansas to plant new tree seedlings for the season on a farm; he is 14 and his brother, who accompanied him, is 17. They have been working there about four months. Neither one has finished secundaria in Mexico. Most of the money they earn, they send money home to their family. Assuming all other eligibility factors are met, is Omar eligible for HEP? 17 September 2009 Basic Eligibility 29

30. 17 September 2009 Basic Eligibility 30 HEP Scenario #2 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK No other work Planting seedlings Wages Seasonal  Age  School Enrollment  School Completion  Need Farm Four months in last year 14 Compulsory Age No HSD/GED Determined in Need by Grantee X X NOT ELIGIBLE

31. HEP Scenario #3 Omar came from Coahuila, Mexico to Green Forrest, Arkansas to plant new tree seedlings for the season on a farm; he is 14 and his brother, who accompanied him, is 17. They have been working there about four months. Neither one has finished secundaria in Mexico. Most of the money they earn, they send home to their family. Assuming all other all other eligibility factors are met, is Omar eligible for HEP? 17 September 2009 Basic Eligibility 31 Assuming all other eligibility factors are met, is Omar’s brother eligible for HEP?

32. 17 September 2009 Basic Eligibility 32 HEP Scenario #3 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK No other work Planting seedlings Wages Seasonal  Age  School Enrollment  School Completion  Need Farm Four months in last year 17 Beyond Compulsory Age No HSD/GED Determined in Need by Grantee HEP Eligible

33. CAMP Scenario #4 Adelia, 24, quit working last year as a part-time childcare provider to pick up work as an employee harvesting green beans during the season at a local farm that provides them to Gerber; she worked there for about four months. She got her GED and her U.S. citizenship two years ago and would like to go to college, but she doesn’t understand all the financing involved. Her husband still works in fields, but she had to quit to take care of her new infant son. Assuming all other eligibility factors are met, is she eligible for CAMP? 17 September 2009 Basic Eligibility 33

34. 17 September 2009 Basic Eligibility 34 CAMP Scenario #4 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK No other work Harvesting green beans Wages Seasonal  IHE Admission  Status  First-year  Need Farm Four months in last year GED, Age, Status Has not attended college Determined in Need by Grantee CAMP Eligible Status

35. HEP Scenario #5 Maykao, an emancipated youth, 17, with no GED or H.S. Diploma moved two weeks ago from Texas to Missouri to work on a crew in the apple harvest; this is his first and only job. He has never done any other seasonal or migrant farmwork. Assuming all other eligibility factors are met, is he eligible for HEP? 17 September 2009 Basic Eligibility 35

36. 17 September 2009 Basic Eligibility 36 HEP Scenario #5 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK Yes Harvesting apples Wages Seasonal  Age  School Enrollment  School Completion  Need Orchard Two weeks 19 Beyond Compulsory Age No HSD/GED Determined in Need by Grantee X X NOT ELIGIBLE

37. CAMP Scenario #6 Carlos, 23, a high school graduate and permanent resident, moved from Michigan to Florida so he could work for wages in an orange grove for the harvest; he has been working for eighty days. Carlos had started college in Michigan and was a few courses away from finishing his Associates degree. He would like to go back to school and is interested in getting his degree in Business. Assuming all other eligibility factors are met, is he eligible for CAMP? 17 September 2009 Basic Eligibility 37

38. 17 September 2009 Basic Eligibility 38 CAMP Scenario #6 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK No Harvesting oranges Wages No  IHE Admission  Status  First-year  Need Orange Grove Eighty days HSD, Age Has completed more than first year Determined in Need by Grantee X NOT ELIGIBLE Status

39. HEP Scenario #7 Juan, 27, a native of California, moved to Ohio five months ago and started a job feeding cattle at a ranch. The job will only last 1 more week. He hasn’t found a place to live yet or any other work, so he has been living in his car. He didn’t finish high school in California, but would like to go into the military. Assuming all other eligibility factors are met, is he eligible for HEP? 17 September 2009 Basic Eligibility 39

40. 17 September 2009 Basic Eligibility 40 HEP Scenario #7 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK No other work Feeding Cattle Wages Temporary  Age  School Enrollment  School Completion  Need Ranch Five months in last year 27 Above Age No HSD/GED Determined in Need by Grantee HEP Eligible

41. CAMP Scenario #8 Callie, 19, a native of Iowa, just graduated from high school and plans to attend the local community college in the fall. Her dad was on vacation volunteering for a month helping on his brother’s Christmas trees farm; he will return in a week to work in construction. Assuming all other eligibility factors are met, is she eligible for CAMP? 17 September 2009 Basic Eligibility 41

42. 17 September 2009 Basic Eligibility 42 CAMP Scenario #8 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK No Harvesting Christmas Trees Volunteering Seasonal X  IHE Admission  Status  First-year  Need Farm One month, recently HSD, Age Has not attended college Determined in Need by Grantee X X X X NOT ELIGIBLE Status

43. HEP Scenario #9 Matak, 27, a Sudanese refugee, lived in Nebraska, but moved to Pennsylvania for a job driving a truck on a mushroom farm four months ago; he plans to return to Nebraska in the next month or so to pick-up seasonal work on a ranch. His English is pretty good, but he doesn’t have a H.S.D. or a GED. Assuming all other eligibility factors are met, is he eligible for HEP? 17 September 2009 Basic Eligibility 43

44. 17 September 2009 Basic Eligibility 44 HEP Scenario #9 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK Yes Production of mushrooms Wages Seasonal  Age  School Enrollment  School Completion  Need Farm Four months in last year 27 Above Age No HSD/GED Determined in Need by Grantee HEP Eligible

45. CAMP Scenario #10 Juan Ortega has had a long history of moving from Arizona to Michigan and back. Mr. Ortega works at least 100 days for wages harvesting various crops during the spring, summer, and fall. This year, on his annual migration, Mr. Ortega brings with him his 19-year old son, born in Michigan, who just finished his GED. Mr. Ortega just returned from his annual migration to continue his other temporary job in construction. Assuming all other eligibility factors are met, is the son eligible for CAMP? 17 September 2009 Basic Eligibility 45

46. 17 September 2009 Basic Eligibility 46 CAMP Scenario #10 Discussion  Agricultural Activity  Wages/Personal Subsistence  Place  Duration (75/24)  Employment  Primary  Temporary/Seasonal  WORK Yes Harvesting crops Wages Yes  IHE Admission  Status  First-year  Need Farm Over 100 days GED, Age, Status Has not attended college CAMP Eligible Grantee has determined need

47. 17 September 2009 Basic Eligibility 47

48. Sending OME Questions and Scenarios We are happy to look at scenarios or address eligibility questions; however: 1. Make sure you have first gone through your project’ s chain-of-command to attempt to resolve the issue on your own. 2. In correspondence with us, please include all pertinent eligibility information. 3. Send the question to your program officer. 17 September 2009 Basic Eligibility 48

49. Contact Information Nathan Weiss Office of Migrant Education 400 Maryland SW #3E321 Washington, DC 20202 Nathan.weiss@ed.gov 17 September 2009 Basic Eligibility 49