1. Title I, Part C - Migrant Education Program (MEP) Identification and Recruitment (ID&R) 101 Title I Conference June 18, 19 & 20, 2013 Presenters: John Wight, State Program Manager Bernardo Sánchez-Vesga, State Identification and Recruitment Coordinator 110/12/2014

2. Objectives To understand the elements of the Title I, Part C – Migrant Education Program (MEP) in Georgia To learn the legal authorities for MEP eligibility To understand MEP eligibility factors 210/12/2014

4. MEP History 1960“Harvest of Shame” www.cbsnews.com/video/watch/?id=7087479n www.cbsnews.com/video/watch/?id=7087479n 1965 President Lyndon Johnson “Great Society Initiative” 1966 Migrant Education Program included in the Elementary and Secondary Education Act 7/26/20114

5. Georgia’s Responsibility The Georgia Department of Education is the direct recipient of Title I, Part C funds and is, therefore, responsible for ensuring the appropriate and best use of funds. To ensure the appropriate and best use of funds, the state follows its comprehensive Service Delivery Plan for implementing all aspects of the MEP.

6. Supplemental Program The MEP is entirely a supplemental program, meaning that funds can be used only to supplement, but in no case supplant, State, local or other non-federal funds. 7/26/20116

7. MEP Funds in Georgia Direct funded districts – Local educational agencies (LEAs) with a migrant eligible child population generating more than $15,000 in formula- based migrant funds Consortium districts – LEAs with a migrant eligible child population generating less than $15,000 Three regional GaDOE Migrant Education offices, statewide, provide LEAs and staff with program implementation support 3/28/20117

8. Special Educational Needs of Migrant Children and Youth Gaps in learning resulting from repeated moves Credit accrual Continuity of education from state-to-state and district-to-district Language barriers Emergency health and medical issues impacting academic performance 10/12/20148

9. Priority for Service Program requirement – Identify student needs – Identify those failing or most at-risk of failing – Identify those with repeated moves as well as failing – Create supplemental support based on the needs of the individuals Provide services to those migrant students first, and then to other migrant students 7/26/20119

10. Types of MEP Supplemental Services Classroom support – inclusion and pull-out After school, intersession, and summer programs Tutoring, including home tutoring English language acquisition assistance College and career preparation Health services (when they impact academic achievement) 3/28/201110

11. 10/12/201411

12. Migrant Education Program Unique Feature Before a migrant child may be served or counted for funding in the program, his or her eligibility must be documented on a Certificate of Eligibility (COE). These COEs are completed through face-to-face interviews performed by trained and qualified LEA and state staff, and they are certified by the state. 7/26/201112

13. Implication Only trained, authorized personnel are permitted to identify and recruit migrant students. 7/26/201113

14. 10/12/201414

15. South Georgia

16. North Georgia

18. Child Eligibility Children are eligible to receive 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). Legal Authorities for MEP Eligibility Statute Elementary and Secondary Education Act (ESEA) of 1965, Title I, Part C, Sections 1115(b)(1)(A) and1309(2) Regulation Code of Federal Regulations, 34 CFR 200.81 as published in the Federal Register on July 29, 2008 Guidance October 2010 Non-Regulatory Guidance, Revised Chapter II 1810/12/2014

19. Legal Authorities for MEP Eligibility Section 1309(2) Defines a “migratory child” Section 1115(b)(1)(A) Defines “eligible children” Statute Section 200.81(a) – (k) Defines several key eligibility terms such as “migratory agricultural worker,” “migratory fisher,” “migratory child”, “in order to obtain,” “move,” “temporary employment,” “seasonal employment,” and “personal subsistence” Regulations 1910/12/2014

20. Eligibility Factors AGE SCHOOL COMPLETION *MOVE *IN ORDER TO OBTAIN *QUALIFYING WORK 2010/12/2014

21. AGE: The child is younger than 22 years of age. SCHOOL COMPLETION: The child is eligible for a free public education (no HS diploma or GED). *MOVE: The child and worker “moved.” *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. Eligibility Factors 2110/12/2014

22. The child and worker “moved” Change of residence From one school district to another With or to join the worker, or on own as worker For economic necessity Within the past 36 months ANDAND ANDAND ANDAND ANDAND Move 2210/12/2014

23. Move “due to economic necessity” 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. The worker’s move is related to work. 2310/12/2014

24. What is the definition of a “residence”? A place where one lives and not just visits. In certain circumstances, boats, vehicles, tents, trailers, etc., may serve as a residence. 2410/12/2014

25. “change from one residence to another residence” a person, who goes to a new place because the person cannot afford to stay in his or her current location, has “changed from one residence to another residence” if the person makes a return move to obtain qualifying work Similarly: 2510/12/2014

26. “change from one residence to another residence” Cont.. 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. 2610/12/2014

27. A person would not have “changed residence” upon returning home from one of these visits A person who leaves, on a short-term basis, the place where he or she lives to: (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 2710/12/2014

28. Work during a vacation Is not qualifying, but…. there might be cultural differences in how people describe the reason for their relocation and, therefore, it is recommended 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. 2810/12/2014

29. One purpose of the move was to seek or obtain qualifying work To obtain qualifying work and obtained qualifying work To obtain any employment and obtained qualifying work soon after the move Specifically to obtain qualifying work, but did not obtain the work soon after the move OROR OROR Other credible evidence that worker sought the work Prior history to obtain qualifying work AND OROR In order to obtain 2910/12/2014

30. Other credible evidence to qualify under “seeking” Information obtained from conversations with an employer, crew chief, employment agency, or credible third party that indicates that the worker sought the qualifying work; Documentation of a natural disaster 3010/12/2014

31. In order to obtain ANY employment Specifically non-qualifying work 3110/12/2014

32. Any employment….. If the worker indicates that he or she was looking for a specific type of non-qualifying work, e.g., construction, the recruiter may ask whether the worker would have moved to the area to take any kind of work, if construction work was not available. If the answer is “yes,” and the worker obtained qualifying work, the recruiter can presume that obtaining qualifying work was one purpose of the move. 3210/12/2014

33. Does the fact that a worker and child moved to relocate permanently affect the child’s eligibility for the MEP? No. 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. 3310/12/2014

34. Are H-2A temporary agricultural workers eligible for the MEP? Yes, if they meet all requirements. Visa status does not foil eligibility. 3410/12/2014

35. Qualifying work is… *Seasonal Employment *Temporary Employment *Fishing Work *Agricultural Work OR ANDAND Qualifying Work ANDAND For Wages For Personal Subsistence OR 3510/12/2014

36. Seasonal Employment Occurs only during a certain part of the year because of the cycles of nature May not be continuous or carried on throughout the year 36 10/12/2014

37. Temporary Employment Employment that lasts for a limited period of time, usually a few months, but no longer than 12 months. It is determined based on… 1. EMPLOYER’S STATEMENT – e.g., the employer hires the worker for October, November, and December to prepare for the holiday season. 2. WORKER’S STATEMENT – e.g., the worker states that he plans to leave the job after a period of four months. 3. SEA DOCUMENTATION – The SEA has determined that, despite the apparent permanency of work at a particular worksite, virtually none of the workers (>90%) remain employed for more than 12 months. 37 10/12/2014

38. Temporary Employment Indefinitely Less than 12 months 3810/12/2014

39. Agricultural Work Production or Initial Processing Dairy Products Trees Crops Poultry Livestock OR Cultivation or Harvesting 3910/12/2014

40. Agricultural Work “Agricultural work” is: 1. The production or initial processing of crops, dairy products, poultry, or livestock, as well as 2. The cultivation or harvesting of trees, that is— 3. Performed for wages or personal subsistence. 4010/12/2014

41. Initial Processing Means working with a raw agricultural or fishing product before the raw material turns into a more refine product. 4110/12/2014

42. Is work such as gathering decorative greens considered agricultural work? Yes. The term “plants” includes decorative greens or ferns grown for the purpose of floral arrangements, wreaths, etc. Excludes the collection of these greens for recreation or personal use 4210/12/2014

43. What is livestock? any animal produced or kept primarily for breeding or slaughter purposes livestock does not include animals that are raised for sport, recreation, research, service, or pets. livestock does not include animals hunted or captured in the wild. 4310/12/2014

44. Are animals such as deer, ostrich, 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. 4410/12/2014

45. Cultivation or Harvesting of Trees In the context of trees, “cultivation” refers to work that promotes the growth of trees for wood production. Examples: 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. 4510/12/2014

46. Harvesting of trees For the purposes of the MEP, “harvesting” refers to the act of gathering or taking of the trees for wood production. Qualifying activities are; topping, felling, and skidding Non-qualifying activities are: clearing trees in preparation for construction; trimming trees around electric power lines; and cutting logs for firewood. 4610/12/2014

47. May a worker who is “self-employed” qualify as a migratory agricultural worker? In some circumstances, workers, such as those who pick up leftover crops from fields, might consider themselves “self employed”. The money such workers earn from the sale of the product is equivalent to “wages”. 4710/12/2014

48. Fishing Work Catching or initial processing Fish Shellfish Raising or harvesting at fish farms Fish Shellfish OR 4810/12/2014

49. What is a “fish farm”? A tract of water, such as a pond, a floating net pen, a tank, or a channel reserved for the raising or harvesting of fish or shellfish Qualifying activities 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. Catching fish or shellfish, for recreational or sport purposes, are no qualifying activities. 4910/12/2014

50. Eligibility Factors AGE: The child is younger than 22 years of age. SCHOOL COMPLETION: The child is eligible for a free public education (no HS diploma or GED). *MOVE: The child and worker “moved.” *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. 5010/12/2014

51. Scenario In Toombs County, a family with two children, ages 11 and 4, moved ten miles down the road last month to pick blueberries at another farm. The children changed schools, but they remained in the same school district. This is the family’s only means of income. Are the children eligible for the MEP?

52. Scenario Answer  Age  School Completion  Move  Time of move  Purpose  Agricultural/Fishing  Temporary/Seasonal  Economic Necessity - ages 11 and 4 - no HS diploma or GED - Moved w/in the district, not across SD boundaries - last month (w/in 36 months) - in order to seek or obtain qualifying work (i.e., work in a crop harvest) - agricultural - seasonal - Help family to earn a living NOT ELIGIBLE 

53. Scenario Ana Maria, age 21, worked at a processing plant in Arkansas. Her friends told her that the Tyson plant in Georgia was hiring temporary workers. Ana Maria moved to Gainesville, GA in October 2010 and worked at the Tyson plant for three months cutting chicken legs. This was her only means of income at that time; today she works at a restaurant. Assuming that Ana has not graduated from high school and does not have her GED, is she eligible for the MEP?

54. Scenario Answer  Age  School Completion  Move  Time of move  Purpose  Agricultural/Fishing  Temporary/Seasonal  Economic Necessity - age 21 - no HS Diploma or GED - Arkansas to Georgia (across SD lines) - October 2010 (w/in 36 months) - in order to seek or obtain qualifying work (i.e., cutting meat) - agricultural processing work -temporary (3-month period) - Earn a living ELIGIBLE

55. Contact Information John Wight jwight@doe.k12.ga.us Bernardo Sanchez-Vesga bsanchez@doe.k12.ga.us 10/12/201455