1. August 2008 MEP Regulations Teleconferences 1 New MEP Regulations §§200.81, 200.83 & 200.89 34 CFR Part 200 as published in the Federal Register Tuesday, July 29, 2008 pp. 44102-44125

2. August 2008 MEP Regulations Teleconferences 2 What are these regulations? EDs formal, published interpretation of the ESEA, Title I Part C statutory provisions regarding: EDs formal, published interpretation of the ESEA, Title I Part C statutory provisions regarding: –child eligibility, –the service delivery plan, –ID&R quality control, and –the adjustment of FY 2006 and subsequent years allocations.

3. August 2008 MEP Regulations Teleconferences 3 What is the Difference between Regulations and Guidance? Regulations are EDs formal, published interpretation of the statute. Regulations are EDs formal, published interpretation of the statute. Regulations are developed through a process of notice and comment rule- making and therefore -- Regulations are developed through a process of notice and comment rule- making and therefore -- Regulations have the force of law: SEAs & LOAs are required to comply with the regulations. Regulations have the force of law: SEAs & LOAs are required to comply with the regulations.

4. August 2008 MEP Regulations Teleconferences 4 What is the Difference between Regulations and Guidance? (cont.) Guidance represents EDs official written interpretation of both statute and regulations. Guidance represents EDs official written interpretation of both statute and regulations. Guidance does not have force of law. Guidance does not have force of law. Guidance is binding on the ED program office (though not always on OIG) and is generally a safe harbor for SEAs & LOAs. Guidance is binding on the ED program office (though not always on OIG) and is generally a safe harbor for SEAs & LOAs. SEAs & LOAs can deviate from guidance if they have other interpretations or procedures that they can show comport with statute or regulations. SEAs & LOAs can deviate from guidance if they have other interpretations or procedures that they can show comport with statute or regulations.

5. August 2008 MEP Regulations Teleconferences 5 In this Federal Register Notice There are both regulations & guidance. There are both regulations & guidance. The regulations consist only of the text provided on p. 44123 (from bottom of column 2) through p. 44125 (to end of column 3): §§200.81, 200.83 & 200.89 The regulations consist only of the text provided on p. 44123 (from bottom of column 2) through p. 44125 (to end of column 3): §§200.81, 200.83 & 200.89 The guidance is provided in the text included in the Notices preamble – particularly in the Analysis of Comments and Changes section provided on p. 44103 (from the bottom of column 1) through p. 44121 (to the top of column 2). The guidance is provided in the text included in the Notices preamble – particularly in the Analysis of Comments and Changes section provided on p. 44103 (from the bottom of column 1) through p. 44121 (to the top of column 2).

6. August 2008 MEP Regulations Teleconferences 6 T he guidance (as well as the regulatory sections) in this Federal Register Notice -- Needs to be reviewed carefully by SEAs and LOAs in that it represents EDs official interpretation of what the. actual regulatory language means.

7. August 2008 MEP Regulations Teleconferences 7 Why did ED regulate now? The new regulations were needed to address serious eligibility errors identified over the last few years and to provide procedures to avoid such errors in the future. The new regulations were needed to address serious eligibility errors identified over the last few years and to provide procedures to avoid such errors in the future. Essential for improving program integrity and program operations and demonstrating these improvements to Congress and the public. Essential for improving program integrity and program operations and demonstrating these improvements to Congress and the public.

8. August 2008 MEP Regulations Teleconferences 8 When do the new regulations take effect? In general, especially re the definitions: on August 28, 2008 – 30 days from the notices publication. In general, especially re the definitions: on August 28, 2008 – 30 days from the notices publication. However, those new regulatory provisions with information collection implications (e.g., retrospective and prospective re-interviewing, the national COE) will only become effective after OMB approval of the associated information collection package: which should occur -- after further public comment -- in approximately 60 days after the notices publication. However, those new regulatory provisions with information collection implications (e.g., retrospective and prospective re-interviewing, the national COE) will only become effective after OMB approval of the associated information collection package: which should occur -- after further public comment -- in approximately 60 days after the notices publication.

9. August 2008 MEP Regulations Teleconferences 9 What do I do if I have questions about the new regulations? Send questions/comments/example scenarios to mep.regs@ed.gov. Send questions/comments/example scenarios to mep.regs@ed.gov.mep.regs@ed.gov We will attempt to address them at or after the ID&R Forum in program guidance or a policy letter. We will attempt to address them at or after the ID&R Forum in program guidance or a policy letter.

10. August 2008 MEP Regulations Teleconferences 10 How/when can I comment on the information collection? To comment on the information collection: To comment on the information collection: –http://edicsweb.ed.gov/, Click on Browse Pending Collections, Click on (03701) 1810-0662-v.6 -- MEP Final Regulations and Certificate of Eligibility http://edicsweb.ed.gov/ Comments on information collection requirements should be directed to: Comments on information collection requirements should be directed to: Desk Officer for Education Office of Information and Regulatory Affairs Office of Management and Budget OIRA_DOCKET@omb.eop.govOIRA_DOCKET@omb.eop.gov, or OIRA_DOCKET@omb.eop.gov (FAX) 202-395-6974 Copy to mep.regs@ed.gov Copy to mep.regs@ed.govmep.regs@ed.gov Submit your comments within 30 days after the notices publication – by 8/28/08. Submit your comments within 30 days after the notices publication – by 8/28/08.

11. August 2008 MEP Regulations Teleconferences 11 How is the regulatory notice organized? Preamble - summarizes each comment we received, provides discussion as to our thinking and consideration for each comment, summarizes any changes that were made based on comments. Preamble - summarizes each comment we received, provides discussion as to our thinking and consideration for each comment, summarizes any changes that were made based on comments. Regulatory text – presents the new regulatory sections (§§ 200.81, 200.83 & 200.89) as they will appear in the next update of the Code of Federal Regulations (CFR). Regulatory text – presents the new regulatory sections (§§ 200.81, 200.83 & 200.89) as they will appear in the next update of the Code of Federal Regulations (CFR).

12. August 2008 MEP Regulations Teleconferences 12 Regulation Discussion Topics Child Eligibility – significant definitional changes. §200.81 Child Eligibility – significant definitional changes. §200.81 CNA & SDP – inclusion of Measurable Program Outcomes. §200.83 CNA & SDP – inclusion of Measurable Program Outcomes. §200.83 Adjustment of FY 06 and future year allocations. §200.89(a)(1) Adjustment of FY 06 and future year allocations. §200.89(a)(1) Re-documentation of children in 06-07 child count. §200.89(a)(2) Re-documentation of children in 06-07 child count. §200.89(a)(2) Retrospective Re-interviewing/Prospective Re- interview. §200.89(b)(1)-(2) Retrospective Re-interviewing/Prospective Re- interview. §200.89(b)(1)-(2) Minimum requirements for documenting eligibility. §200.89(c) Minimum requirements for documenting eligibility. §200.89(c) Minimum requirements for quality control. §200.89(d) Minimum requirements for quality control. §200.89(d)

13. August 2008 MEP Regulations Teleconferences 13 New Definitions § 200.81 Summary of Regulatory Language

14. August 2008 MEP Regulations Teleconferences 14 A Migratory Child is: §200.81(e), Preamble pp. 44106 – 44107 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 * …. [emphasis added.] 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 * …. [emphasis added.] *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 square miles. *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 square miles.

15. August 2008 MEP Regulations Teleconferences 15 A Migratory Agricultural Worker is: §200.81(d), Preamble p. 44106 a person who in the preceding 36 months, has moved, as defined in paragraph (g), from one school district to another, … * in order to obtain temporary employment or seasonal employment in agricultural work, including dairy work. [emphasis added] a person who in the preceding 36 months, has moved, as defined in paragraph (g), from one school district to another, … * in order to obtain temporary employment or seasonal employment in agricultural work, including dairy work. [emphasis added] *exceptions apply for States comprised of a single school district

16. August 2008 MEP Regulations Teleconferences 16 A Migratory Fisher is: § 200.81(f), Preamble p. 44107 a person who, in the preceding 36 months, has moved, as defined in paragraph (g), from one school district to another, … * in order to obtain temporary employment or seasonal employment in fishing work…. [emphasis added] a person who, in the preceding 36 months, has moved, as defined in paragraph (g), from one school district to another, … * in order to obtain temporary employment or seasonal employment in fishing work…. [emphasis added] *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 square miles.

17. August 2008 MEP Regulations Teleconferences 17 Move or Moved §200.81(g), Preamble pp. 44107 – 44108 Move or moved means a change from one residence to another residence that occurs due to economic necessity.Move or moved means a change from one residence to another residence that occurs due to economic necessity. [Used in the definitions of In Order to Obtain, Migratory Child, Migratory Agricultural Worker, and Migratory Fisher.]

18. August 2008 MEP Regulations Teleconferences 18 In Order to Obtain (cont.) §200.81(c), Preamble pp. 44105 – 44106 (c) When used to describe why a worker moved, means that one of the purposes of the move is to seek or obtain qualifying work…. [emphasis added] (c) When used to describe why a worker moved, means that one of the purposes of the move is to seek or obtain qualifying work…. [emphasis added] [Used in the definitions of Migratory Child, Migratory Agricultural Worker and Migratory Fisher.]

19. August 2008 MEP Regulations Teleconferences 19 In Order to Obtain (cont.) §200.81(c), Preamble pp. 44105 – 44106 ( 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…. ( 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….

20. August 2008 MEP Regulations Teleconferences 20 In Order to Obtain (cont.) 2 00.81(c), Preamble pp. 44105 – 44106 ( 2) Notwithstanding the introductory text of this paragraph (c), 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. ( 2) Notwithstanding the introductory text of this paragraph (c), 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.

21. August 2008 MEP Regulations Teleconferences 21 Seasonal Employment §200.81(j), Preamble, p. 44109 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. 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. [Used in the definitions of Migratory Agricultural Worker, Migratory Fisher, and Qualifying Work. ]

22. August 2008 MEP Regulations Teleconferences 22 Temporary Employment § 200.81(k), Preamble, pp. 44109 – 44112 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… 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… [Used in the definitions of Migratory Agricultural Worker, Migratory Fisher, and Qualifying Work.]

23. August 2008 MEP Regulations Teleconferences 23 Temporary Employment (cont.) 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 workers remained employed by the same employer more than 12 months. 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 workers remained employed by the same employer more than 12 months.

24. August 2008 MEP Regulations Teleconferences 24 Agricultural Work § 200.81(a), Preamble, pp. 44104 – 44105 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. [emphasis added] 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. [emphasis added] [ Used in the definition of Migratory Agricultural Worker.]

25. August 2008 MEP Regulations Teleconferences 25 Fishing Work § 200.81(b), Preamble, pp. 44104 – 44105 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 subsistence.[emphasis added] 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 subsistence.[emphasis added] [Used in the definition of Migratory Fisher.]

26. August 2008 MEP Regulations Teleconferences 26 Personal Subsistence § 200.81(h), Preamble, p. 44108 the worker and the workers 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. the worker and the workers 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. [Used in the definitions of Agricultural Work and Fishing Work.]

27. August 2008 MEP Regulations Teleconferences 27 Qualifying Work § 200.81(i), Preamble, pp. 44108 – 44109 temporary employment or seasonal employment in agricultural work or fishing work. [emphasis added] temporary employment or seasonal employment in agricultural work or fishing work. [emphasis added] [Used in the definition of In Order To Obtain.]

28. August 2008 MEP Regulations Teleconferences 28 Summary: § 200.81(e), Preamble pp. 44106 - 44107 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 * …. [emphasis added.] 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 * …. [emphasis added.] *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 square miles. *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 square miles.

29. August 2008 MEP Regulations Teleconferences 29 Further Explanation of New Regulatory Definitions Summary of Issues Discussed in Preamble

30. August 2008 MEP Regulations Teleconferences 30 Migratory Child § 200.81(e), Preamble pp. 44106 - 44107 Tries to restructure the statutory definition to be clearer and linked to the additional regulatory definitions of the underlying terms in the basic migratory child definition. Tries to restructure the statutory definition to be clearer and linked to the additional regulatory definitions of the underlying terms in the basic migratory child definition. Clarifies that an emancipated youth – a worker in his or her own right --moving on his or her own may qualify. Clarifies that an emancipated youth – a worker in his or her own right --moving on his or her own may qualify. Does not define in regulation a time limit on to join moves. Does not define in regulation a time limit on to join moves. Does not define specific fact situations such as when a child moves ahead of a parent. Does not define specific fact situations such as when a child moves ahead of a parent.

31. August 2008 MEP Regulations Teleconferences 31 Migratory Agricultural Worker § 200.81(d), Preamble p. 44106 Based on comments, included a reference to dairy work. Based on comments, included a reference to dairy work. Deleted the phrase principal means of livelihood from the definition. Deleted the phrase principal means of livelihood from the definition.

32. August 2008 MEP Regulations Teleconferences 32 Migratory Fisher § 200.81(f), Preamble p. 44107 Does not address specific fact patterns raised by commenters during public comment – better handled in guidance. Does not address specific fact patterns raised by commenters during public comment – better handled in guidance. Deleted the phrase principal means of livelihood from the definition. Deleted the phrase principal means of livelihood from the definition.

33. August 2008 MEP Regulations Teleconferences 33 Move or Moved § 200.81(g), Preamble pp. 44107 – 44108 Eliminates the apparent contradiction from NPRM in definitions of move or moved and in order to obtain." Eliminates the apparent contradiction from NPRM in definitions of move or moved and in order to obtain." Clarifies that a move not made due to economic necessity is not a move for purposes of MEP eligibility. Clarifies that a move not made due to economic necessity is not a move for purposes of MEP eligibility. Addresses concern about the meaning of the terms vacation and holiday and the phrase during or after a vacation or holiday as used in the NPRM version of the definition. Addresses concern about the meaning of the terms vacation and holiday and the phrase during or after a vacation or holiday as used in the NPRM version of the definition.

34. August 2008 MEP Regulations Teleconferences 34 Move or Moved (cont.) § 200.81(g), Preamble pp. 44107 – 44108 Eliminates need to address in regulation moves that are unrelated to the familys economic need. Eliminates need to address in regulation moves that are unrelated to the familys economic need. Residence and economic necessity will be clarified in program guidance. Residence and economic necessity will be clarified in program guidance.

35. August 2008 MEP Regulations Teleconferences 35 In Order To Obtain 200.81(c), Preamble pp. 44105 – 44106 One of the purposes of the move was… One of the purposes of the move was… –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: …affirmed to be specifically to seek qualifying work, but the worker did not obtain the work. Prior history of moves to obtain qualifying work, or Prior history of moves to obtain qualifying work, or Other credible evidence Other credible evidence

36. August 2008 MEP Regulations Teleconferences 36 In Order To Obtain 200.81(c), Preamble pp. 44105 – 44106 Specific intent to obtain non-qualifying employment would not qualify. Specific intent to obtain non-qualifying employment would not qualify. Scenario 2 - Recruiters should be attentive to situations whereby the worker expresses specific intent to obtain only non-qualifying work. Scenario 2 - Recruiters should be attentive to situations whereby the worker expresses specific intent to obtain only non-qualifying work.

37. August 2008 MEP Regulations Teleconferences 37 Seasonal Employment 200.81(j), Preamble, p. 44109 Standardized the definition which had only previously been in non-binding guidance. Standardized the definition which had only previously been in non-binding guidance. Revised definition based on comments in order to not be too limited. Revised definition based on comments in order to not be too limited. The Secretary considered many of the examples provided by commenters to be temporary rather than seasonal employment. The Secretary considered many of the examples provided by commenters to be temporary rather than seasonal employment.

38. August 2008 MEP Regulations Teleconferences 38 Temporary Employment 200.81(k), Preamble, pp. 44109 – 44112 Standardized the definition which had only previously been in non-binding guidance. Standardized the definition which had only previously been in non-binding guidance. Employment that lasts for more than 12 months should not be considered temporary regardless of high turnover rates within a period longer than 12 months. Employment that lasts for more than 12 months should not be considered temporary regardless of high turnover rates within a period longer than 12 months. Temporary employment can be determined by the worker, the employer, or the SEA. Temporary employment can be determined by the worker, the employer, or the SEA. SEA determination is generally for those jobs that are constant and year-round. SEA determination is generally for those jobs that are constant and year-round.

39. August 2008 MEP Regulations Teleconferences 39 Temporary Employment (cont.) 200.81(k), Preamble, pp. 44109 – 44112 For jobs that are constant and year- round For jobs that are constant and year- round –SEAs must come up with a reasonable basis for initially determining which job categories can be considered temporary. –Working from these categories, SEAs have 18 months to document that virtually no workers in these specific categories remain at the plant after one year. –Final regulations give greater flexibility as to how the SEA must document that virtually no workers remain employed after one year (questioning workers at the time of the annual update remains one option).

40. August 2008 MEP Regulations Teleconferences 40 Temporary Employment (cont.) 200.81(k), Preamble, pp. 44109 – 44112 For jobs that are constant and year- round (cont.) For jobs that are constant and year- round (cont.) –Phrases virtually all and a few months allow SEAs to use discretion for those situations whereby a few workers remain employed. –Final regulations change the requirement from annually determining temporary to once every 3 years (after the initial 18 mths).

41. August 2008 MEP Regulations Teleconferences 41 Temporary Employment (cont.) 200.81(k), Preamble, pp. 44109 – 44112 For jobs that are constant and year- round (cont.) For jobs that are constant and year- round (cont.) –Secretary has recognized that the industrial surveys/turnover rates suggested in prior guidance are flawed. –Department will provide guidance on how SEAs can document that work that appears to be constant and year round can be deemed temporary. –Validations should be conducted at each plant because of the variations from plant to plant.

42. August 2008 MEP Regulations Teleconferences 42 Agricultural Work 200.81(a), Preamble, pp. 44104 – 44105 Definition conforms to terms used in statutory definition of migratory child. Definition conforms to terms used in statutory definition of migratory child. Must be performed for wages or personal subsistence. Must be performed for wages or personal subsistence. Based on comments, deleted the language generally and in rare cases. Based on comments, deleted the language generally and in rare cases. Eliminated – as confusing -- the phrases directly related to and for initial commercial sale. Eliminated – as confusing -- the phrases directly related to and for initial commercial sale.

43. August 2008 MEP Regulations Teleconferences 43 Agricultural Work (cont.) 200.81(a), Preamble, pp. 44104 – 44105 Chose not to define initial processing in regulations – this will allow SEAs flexibility to consider different situations in different industries. Chose not to define initial processing in regulations – this will allow SEAs flexibility to consider different situations in different industries. Secretary believes – as a point of guidance –that the phrase initial processing only involves working with raw products. Secretary believes – as a point of guidance –that the phrase initial processing only involves working with raw products. Secretary believes that working with a refined product is beyond initial processing. Secretary believes that working with a refined product is beyond initial processing.

44. August 2008 MEP Regulations Teleconferences 44 Fishing Work 200.81(b), Preamble, pp. 44104 – 44105 Same changes as to Agricultural Work with limited exceptions. Same changes as to Agricultural Work with limited exceptions. Hunting or harvesting of whales, walruses, or seals is not included in definition of fishing work. Hunting or harvesting of whales, walruses, or seals is not included in definition of fishing work. Moved fish farms from agricultural work to fishing work. Moved fish farms from agricultural work to fishing work.

45. August 2008 MEP Regulations Teleconferences 45 Personal Subsistence 200.81(h), Preamble, p. 44108 New regulatory definition; revised from NPRM version based on public comment. New regulatory definition; revised from NPRM version based on public comment.

46. August 2008 MEP Regulations Teleconferences 46 Principal Means of Livelihood. Eliminated from new regulations. Eliminated from new regulations. Covered by new definition of move or moved – which must be for economic necessity. Covered by new definition of move or moved – which must be for economic necessity.

47. August 2008 MEP Regulations Teleconferences 47 Qualifying Work § 200.81(i), Preamble, pp. 44108 – 44109 Was not included in NPRM. Was not included in NPRM. Means temporary employment or seasonal employment in agricultural work or fishing work. Means temporary employment or seasonal employment in agricultural work or fishing work. Created as a matter of technical convenience in drafting the other regulatory definitions. Created as a matter of technical convenience in drafting the other regulatory definitions.

48. August 2008 MEP Regulations Teleconferences 48 Further Explanation of Other New Regulatory Sections The service delivery plan -- 200.83 The service delivery plan -- 200.83 FY 2006 and subsequent years allocation adjustments –-- 200.89(a) FY 2006 and subsequent years allocation adjustments –-- 200.89(a) Retrospective and Prospective Re- interviewing – 200.89(b) Retrospective and Prospective Re- interviewing – 200.89(b) Standard National COE – 200.89(c) Standard National COE – 200.89(c) Other quality control procedures – 200.89(d) Other quality control procedures – 200.89(d)

49. August 2008 MEP Regulations Teleconferences 49 Responsibilities Implementing Projects through a CNA and SDP § 200.83, Preamble, pp. 44112 - 44113 Requires States to include measurable program outcomes in their MEP comprehensive plans. Requires States to include measurable program outcomes in their MEP comprehensive plans. Corrects a prior drafting error by conforming the regulatory language with the language in section 1306(a)(1)(D) of the statute. Corrects a prior drafting error by conforming the regulatory language with the language in section 1306(a)(1)(D) of the statute. Eliminates any ambiguity from the drafting error about whether the outcomes are required in the plan. Eliminates any ambiguity from the drafting error about whether the outcomes are required in the plan.

50. August 2008 MEP Regulations Teleconferences 50 MEP Allocations for FY 2006 and future years 200.89(a)(1), Preamble, pp. 44113 - 44114 Provides authority to adjust base-year allocations, for making FY 2006 and subsequent year awards, by applying each States defect rate to its 2000-01 base year child counts. Provides authority to adjust base-year allocations, for making FY 2006 and subsequent year awards, by applying each States defect rate to its 2000-01 base year child counts. Intended to result in a better distribution of MEP funds (more in line with the intent of the statute). Intended to result in a better distribution of MEP funds (more in line with the intent of the statute).

51. August 2008 MEP Regulations Teleconferences 51 MEP Allocations for FY 2006 and future years 200.89(a)(2), Preamble, pp. 44114 - 44115 Requires SEAs to use the results of the retrospective re-interviewing to re- document the eligibility of all children (and remove all ineligible children) in the 2006- 2007 child counts. Requires SEAs to use the results of the retrospective re-interviewing to re- document the eligibility of all children (and remove all ineligible children) in the 2006- 2007 child counts. SEAs will need to examine rolls and remove all children judged to be ineligible based on types of problems identified in its retrospective re-interview. SEAs will need to examine rolls and remove all children judged to be ineligible based on types of problems identified in its retrospective re-interview. Can be carried out at annual update/residency check. Can be carried out at annual update/residency check.

52. August 2008 MEP Regulations Teleconferences 52 Retrospective Re-interviewing 200.89(b)(1), Preamble, p. 44115 - 44116 Retrospective re-interviewing will be required of -- SEAs that did not do the voluntary re- interview initiative (Two SEAs). SEAs that did not do the voluntary re- interview initiative (Two SEAs). SEAs whose defect rate was not accepted by the Secretary (Small number of SEAs). SEAs whose defect rate was not accepted by the Secretary (Small number of SEAs). SEAs under corrective action because of prospective re-interviewing or other quality control checks. SEAs under corrective action because of prospective re-interviewing or other quality control checks.

53. August 2008 MEP Regulations Teleconferences 53 Retrospective Re-interviewing 200.89(b)(1), Preamble, p. 44115 - 44116 Recognition that sample size and data burden is greater for retrospective re- interviewing than prospective re- interviewing. Recognition that sample size and data burden is greater for retrospective re- interviewing than prospective re- interviewing. Independent re-interviewers are required. Independent re-interviewers are required. Retrospective re-interviewing is an allowable and necessary use of MEP funds. Retrospective re-interviewing is an allowable and necessary use of MEP funds. The child count year in question when/if an SEA is required to do retrospective re- interviewing will depend on the reason that the procedure is required. The child count year in question when/if an SEA is required to do retrospective re- interviewing will depend on the reason that the procedure is required.

54. August 2008 MEP Regulations Teleconferences 54 Prospective Re-interviewing 200.89(b)(2), Preamble, p. 44116 - 44119 Prospective re-interviewing needs to be done annually on current year eligibility determinations Prospective re-interviewing needs to be done annually on current year eligibility determinations Independent re-interviewers must be used at least once every three years. Independent re-interviewers must be used at least once every three years.

55. August 2008 MEP Regulations Teleconferences 55 Prospective Re-interviewing 200.89(b)(2), Preamble, p. 44116 - 44119 Much smaller sample size than for retrospective re-interviewing – to serve as an early warning system, not to adjust child counts or allocations Much smaller sample size than for retrospective re-interviewing – to serve as an early warning system, not to adjust child counts or allocations –Estimate approximately 50 re-interviews (approximately 152 hours of staff time) per State. The reference to 100 re-interviews in the NPRM was incorrect. –Small States may be able to do fewer than 50, while large States should likely do more than 50. Samples should be selected based on identified risk factors. Samples should be selected based on identified risk factors.

56. August 2008 MEP Regulations Teleconferences 56 Prospective Re-interviewing 200.89(b)(2), Preamble, p. 44116 - 44119 Telephone interviews are an allowable alternative when face-to-face is impractical. Telephone interviews are an allowable alternative when face-to-face is impractical. Stop serving & remove from database, children found to be ineligible. Stop serving & remove from database, children found to be ineligible. Implement corrective actions based on identified errors. Implement corrective actions based on identified errors. Prospective re-interviewing is an allowable and necessary use of MEP funds. Prospective re-interviewing is an allowable and necessary use of MEP funds. OME will issue non-regulatory guidance on prospective (and retrospective) re- interviewing. OME will issue non-regulatory guidance on prospective (and retrospective) re- interviewing.

57. August 2008 MEP Regulations Teleconferences 57 Responsibilities Documenting Child Eligibility 200.89(c), Preamble, pp. 44119 - 44120 Establishes and requires use of a standard, national COE. Establishes and requires use of a standard, national COE. Still subject to change: Comments on final format, content, and burden of the COE (and other information collection concerns) in paperwork package 1810-0662-v.6 found at Still subject to change: Comments on final format, content, and burden of the COE (and other information collection concerns) in paperwork package 1810-0662-v.6 found at http://edicsweb.ed.gov/ http://edicsweb.ed.gov/ should be directed to OMB: OIRA_DOCKET@omb.eop.gov, or (FAX) 202-395- 6974; with a copy to OME (mep.regs@ed.gov). OIRA_DOCKET@omb.eop.gov http://edicsweb.ed.gov/ OIRA_DOCKET@omb.eop.gov Additional documentation is allowable and should be included if it supports/explains information on COE. It can include other items currently collected by States that are not on the national COE. Additional documentation is allowable and should be included if it supports/explains information on COE. It can include other items currently collected by States that are not on the national COE.

58. August 2008 MEP Regulations Teleconferences 58 Responsibilities for a Quality Control System Related to Eligibility 200.89(d), Preamble, pp. 44120 - 44121 SEAs must establish and implement a system of quality controls for proper ID&R of eligible children. Must include (at a minimum): SEAs must establish and implement a system of quality controls for proper ID&R of eligible children. Must include (at a minimum): –Training on eligibility & documentation requirements –Supervision & annual review and evaluation of ID&R practices of individual recruiters.

59. August 2008 MEP Regulations Teleconferences 59 Responsibilities for a Quality Control System Related to Eligibility 200.89(d), Preamble, pp. 44120 - 44121 Quality Control System (cont.) Quality Control System (cont.) –Formal process for resolving eligibility questions and communicating this information to all LOAs – not required to be written copies. –Examination of each COE (can be done at LOA or SEA level) –Process for validating proper eligibility determinations – to include prospective re-interviewing.

60. August 2008 MEP Regulations Teleconferences 60 Responsibilities for a Quality Control System Related to Eligibility 200.89(d), Preamble, pp. 44120 - 44121 Quality Control System (cont.) Quality Control System (cont.) –Documentation to support implementation & improvement of this quality control system. –Process for implementing corrective action if COEs do not sufficiently document eligibility.

61. August 2008 MEP Regulations Teleconferences 61 Next Steps Regulations generally become effective – esp. the definitions -- as of 8/28/08. Regulations generally become effective – esp. the definitions -- as of 8/28/08. Information collection package still subject to public comment – until 8/28/08 Information collection package still subject to public comment – until 8/28/08 Information collection likely to be finalized by OMB on/around 9/28/08. Information collection likely to be finalized by OMB on/around 9/28/08. Send Qs you and your staff have re the regulations in writing to mep.regs@ed.gov. Send Qs you and your staff have re the regulations in writing to mep.regs@ed.gov.mep.regs@ed.gov ED working on guidance – including a re- interviewing manual and written responses to emailed Qs. ED working on guidance – including a re- interviewing manual and written responses to emailed Qs.

62. August 2008 MEP Regulations Teleconferences 62 Next Steps (cont.) ID&R Conference scheduled for Oct 6-9 in Atlanta, GA – further discussion of regulations will occur at that time. ID&R Conference scheduled for Oct 6-9 in Atlanta, GA – further discussion of regulations will occur at that time. ED will present at statewide conferences by invitation and depending on the availability of funds/staff time. ED will present at statewide conferences by invitation and depending on the availability of funds/staff time.

63. August 2008 MEP Regulations Teleconferences 63 Any Questions?