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Draft Non-Regulatory Guidance

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Draft Non-Regulatory Guidance

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October 23, 2003

U.S. Department of Education

Washington, DC

**U.S. Department of Education**

Rod Paige

*Secretary*

**Office of Elementary and Secondary Education**

Raymond Simon

*Assistant Secretary*

**Office of Migrant Education**

Francisco Garcia

*Director*

October 2003

This report is in the public domain. Authorization to reproduce it in
whole or in part is granted. While permission to reprint this
publication is not necessary, the citation should be: U.S. Department of
Education, Office of Elementary and Secondary Education, Office of
Migrant Education, *Draft Non-Regulatory Guidance for the Title I, Part
C Education of Migratory Children*, Washington, D.C., 2003.

This report is also available on the Department's Web site at:
<http://www.ed.gov/programs/mep/legislation.html>.

On request, this publication is available in alternate formats, such as
Braille, large print or computer diskette. For more information, please
contact the Department's Alternate Format Center at (202) 260-9895 or
(202) 205-8113.

Table of Contents

[INTRODUCTION vi](#introduction)

[STATUTORY PURPOSE OF THE PROGRAM vi](#statutory-purpose-of-the-program)

[PURPOSE OF THIS GUIDANCE vii](#purpose-of-this-guidance)

[USING THIS GUIDANCE vii](#using-this-guidance)

[I. STATE APPLICATION AND FUNDING 1](#state-application-and-funding)

[A. Eligibility of an SEA 1](#eligibility-of-an-sea)

[B. SEA Application Process 1](#sea-application-process)

[C. Amount Available for an SEA Grant
3](#amount-available-for-an-sea-grant)

[D. Carryover Funds 5](#carryover-funds)

[E. Reallocation of Excess Funds 7](#reallocation-of-excess-funds)

[F. Bypass of an SEA 7](#bypass-of-an-sea)

[II. CHILD ELIGIBILITY 9](#child-eligibility)

[A. Migratory Child 9](#migratory-child)

[B. Migratory Agricultural Worker or Migratory Fisher
10](#migratory-agricultural-worker-or-migratory-fisher)

[C. Qualifying Move 11](#qualifying-move)

[D. Intent 14](#intent)

[E. "To Join" Issues 17](#to-join-issues)

[F. International Moves 18](#international-moves)

[G. Stopover Sites 19](#stopover-sites)

[H. Qualifying Work 19](#qualifying-work)

[I. Agricultural or Fishing Activity
19](#agricultural-or-fishing-activity)

[Production or Processing for Initial Commercial Sale
20](#production-or-processing-for-initial-commercial-sale)

[Cultivation or Harvesting of Trees
22](#cultivation-or-harvesting-of-trees)

[Fish Farms 22](#fish-farms)

[Fishing Activities 23](#fishing-activities)

[J. Principal Means of Livelihood (PMOL)
23](#principal-means-of-livelihood-pmol)

[K. Temporary or Seasonal Employment
26](#temporary-or-seasonal-employment)

[L. Industrial Surveys 27](#industrial-surveys)

[Sampling 31](#sampling)

[Quality Control for Industrial Surveys
33](#quality-control-for-industrial-surveys)

[M. Documenting Eligibility 34](#documenting-eligibility)

[III. IDENTIFICATION AND RECRUITMENT
39](#identification-and-recruitment)

[IV. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE DELIVERY PLAN
46](#comprehensive-needs-assessment-and-service-delivery-plan)

[A. Comprehensive Needs Assessment 46](#comprehensive-needs-assessment)

[B. Comprehensive State Plan for Service Delivery
52](#comprehensive-state-plan-for-service-delivery)

[V. PROVISION OF SERVICES 56](#provision-of-services)

[A. Services 56](#services)

[B. Priority for Services 60](#priority-for-services)

[C. Schoolwide Programs 62](#schoolwide-programs)

[D. Summer and Intersession Programs
63](#summer-and-intersession-programs)

[E. Serving Limited English Proficient Migrant Children
64](#serving-limited-english-proficient-migrant-children)

[F. Serving Undocumented Children 65](#serving-undocumented-children)

[G. Serving Migrant Children With Disabilities
65](#serving-migrant-children-with-disabilities)

[H. Serving migrant children who attend private schools
69](#serving-migrant-children-who-attend-private-schools)

[VI. COORDINATION 73](#coordination)

[A. Coordination With Other Programs
73](#coordination-with-other-programs)

[B. Interstate and Intrastate Coordination
75](#interstate-and-intrastate-coordination)

[C. Section 1308 -- Coordination of MEP Activities
77](#section-1308-coordination-of-mep-activities)

[D. Transfer of Student Records 78](#transfer-of-student-records)

[VII. PARENTAL INVOLVEMENT 81](#parental-involvement)

[A. Parent Consultation in MEP Planning and Operation
81](#parent-consultation-in-mep-planning-and-operation)

[B. Parent Advisory Councils 82](#parent-advisory-councils)

[C. Parental Involvement Activities under Section 1118
85](#parental-involvement-activities-under-section-1118)

[VIII. PROGRAM EVALUATION 87](#program-evaluation)

[A. General Evaluation Requirements
87](#general-evaluation-requirements)

[B. Performance Goals, Performance Indicators, Performance Targets, and
Measurable Outcomes
88](#performance-goals-performance-indicators-performance-targets-and-measurable-outcomes)

[C. Evaluation Requirements 92](#evaluation-requirements)

[D. Written Evaluation Reports 95](#written-evaluation-reports)

[E. Program Improvement 97](#program-improvement)

[F. Evaluation of Summer Programs 97](#evaluation-of-summer-programs)

[G. Evaluation of Support Services 98](#evaluation-of-support-services)

[IX. PROGRAM PERFORMANCE AND CHILD COUNT REPORTING
99](#program-performance-and-child-count-reporting)

[A. Performance Reporting 99](#performance-reporting)

[B. Child Count 101](#child-count)

[X. FISCAL REQUIREMENTS 109](#fiscal-requirements)

[A. "Supplement, Not Supplant" Requirement
109](#supplement-not-supplant-requirement)

[B. Comparability Requirement 110](#comparability-requirement)

[C. Monitoring Comparability and "Supplement, Not Supplant" Requirements
110](#monitoring-comparability-and-supplement-not-supplant-requirements)

[D. Exclusion of Supplemental State and Local Funds from the
Comparability and "Supplement, Not Supplant" Requirements
111](#exclusion-of-supplemental-state-and-local-funds-from-the-comparability-and-supplement-not-supplant-requirements)

[E. Maintenance of Effort 112](#maintenance-of-effort)

[F. Use of Funds 112](#use-of-funds)

[G. Combining MEP funds with other programs
114](#combining-mep-funds-with-other-programs)

[H. Equipment 116](#equipment)

[I. Indirect Costs 119](#indirect-costs)

[J. Travel 120](#travel)

[K. Transferability of Funds 120](#transferability-of-funds)

[XI. STATE ADMINISTRATION 121](#state-administration)

[A. Funds for State Administration 121](#funds-for-state-administration)

[B. Subgranting 123](#subgranting)

[Determining Subgrant Amounts 124](#determining-subgrant-amounts)

[Subgrant Process 127](#subgrant-process)

[C. Record keeping 129](#record-keeping)

[D. Federal and State Monitoring 131](#federal-and-state-monitoring)

[E. State Rulemaking 132](#state-rulemaking)

[F. Audits 133](#audits)

[G. Complaint Procedures 137](#complaint-procedures)

[XII. CROSS--CUTTING ISSUES 138](#crosscutting-issues)

[A. Standards and Assessments 138](#a.-standards-and-assessments)

[B. Paraprofessional Qualification Requirements under NCLB
139](#b.-paraprofessional-qualification-requirements-under-nclb)

Table 1: Federal Agencies and Programs With Which MEPs
Coordinate................ 141

[Index.............................................................................................\...
145](#index)

# INTRODUCTION {#introduction .unnumbered}

The No Child Left Behind Act of 2001 (NCLB) reauthorizes the Elementary
and Secondary Education Act of 1965 (ESEA). The purpose of the
reauthorized ESEA is to close the achievement gap, so that no child is
left behind, by providing all children the opportunity to obtain a
high-quality education that will enable them to meet the challenging
State academic achievement standards.

The new law contains the most sweeping changes to the ESEA since it was
enacted in 1965. It changes the Federal Government's role in elementary
and secondary education by measuring success in terms of what each
student accomplishes. The law contains four basic education reform
principles: stronger accountability for results, increased flexibility
and local control, expanded options for parents, and an emphasis on
teaching methods that have been proven to work. These ideals are the
foundation for the changes that schools, districts, and States will
implement in the next few years.

The Migrant Education Program (MEP) is authorized by Part C of Title I
of the ESEA. The MEP provides formula grants to State educational
agencies (SEAs) to establish or improve education programs for migrant
children. These grants assist States in improving educational
opportunities for migrant children to help them succeed in the regular
school program, meet the challenging State academic content and student
academic achievement standards that all children are expected to meet,
and graduate from high school.

## STATUTORY PURPOSE OF THE PROGRAM {#statutory-purpose-of-the-program .unnumbered}

The general purpose of the MEP is to ensure that migrant children fully
benefit from the same free public education provided to other children.
To achieve this purpose, the MEP helps SEAs and local operating agencies
address the special educational needs of migrant children to better
enable migrant children to succeed academically. More specifically, the
purposes of the MEP are to:

-   Support high-quality and comprehensive educational programs for
    migrant children in order to reduce the educational disruption and
    other problems that result from repeated moves;

-   Ensure that migrant children who move among the States are not
    penalized in any manner by disparities among the States in
    curriculum, graduation requirements, and State academic content and
    student academic achievement standards;

-   Ensure that migrant children are provided with appropriate
    educational services (including supportive services) that address
    their special needs in a coordinated and efficient manner;

-   Ensure that migrant children receive full and appropriate
    opportunities to meet the same challenging State academic content
    and student academic achievement standards that all children are
    expected to meet;

-   Design programs to help migrant children overcome educational
    disruption, cultural and language barriers, social isolation,
    various health-related problems, and other factors that inhibit
    their ability to do well in school, and to prepare them to make a
    successful transition to postsecondary education or employment; and

-   Ensure that migrant children benefit from State and local systemic
    reforms.

(See section 1301 of the statute.)

## PURPOSE OF THIS GUIDANCE {#purpose-of-this-guidance .unnumbered}

This document is designed to help SEAs and local operating agencies use
MEP funds to develop and implement supplemental educational and support
services to help migrant children. The guidance in this document
replaces all prior nonregulatory guidance for the MEP. Compliance with
the guidance in this document will be deemed by departmental officials,
including the Inspector General, as compliance with the applicable
Federal statutes and regulations.

This guidance does not impose requirements beyond those in the ESEA and
other Federal statutes and regulations that apply to the MEP. While
States may wish to consider the guidance, they are free to develop their
own approaches that are consistent with applicable Federal statutes and
regulations. The guidance in this document is not intended to be
prescriptive or exhaustive. This document is one of many resources for
SEAs and local operating agencies to use as they determine how best to
meet the needs of migrant students in a manner consistent with the
requirements of the ESEA. It is intended to be read in conjunction with
the authorizing statute, applicable regulations, and the Department's
guidance on other programs (such as Title I, Part A, and Title III) that
are relevant to the MEP.

States are responsible for making decisions about how best to implement
and operate the MEP. It is critical that staff at the SEA and local
levels realize that they should not continue practices simply because
they are based on longstanding policy. Looking beyond what programs have
done in the past to what they can do in the future to improve teaching
and learning for all children is the biggest challenge of educational
reform. SEAs and local operating agencies are encouraged to adopt new
ideas and practices (particularly those grounded in research and
evidence of success) to enable migrant children to succeed in school.

## USING THIS GUIDANCE {#using-this-guidance .unnumbered}

This guidance uses a variety of strategies to clarify statutory or
regulatory requirements, including examples of how to comply with these
requirements and information on useful resources available through the
Department. *The examples provided in this document should not be viewed
as the \"only\" or the \"best\" way to comply with statutory or
regulatory requirements.* They are provided to help practitioners
consider the range of options available and to stimulate thinking about
teaching and learning in the context of local needs and resources.

Several issues addressed in this document (such as parent involvement,
schoolwide programs, teacher and paraprofessional qualification
requirements, and standards and assessments) are discussed in greater
detail in the current or forthcoming guidance for Title I, Part A and
Title II, Part A programs. Chapter XII of this guidance identifies
cross-cutting issues with the Title I, Part A program.

# STATE APPLICATION AND FUNDING

Under the MEP, the Department awards grants to SEAs for the purpose of
establishing and improving programs and projects that are designed to
meet the special educational needs of children of migratory agricultural
workers or migratory fishers. Grants are awarded after review and
approval of an application that each SEA submits to the Department. This
chapter discusses the SEA application process, requirements for
receiving MEP funds, and the process that the Department uses to
determine the amount of MEP funds for which each SEA may apply.

#### Statutory Requirements: {#statutory-requirements .unnumbered}

Sections 1301, 1302, 1303, 1304, 1305, 1306(a) of Title I, Part C;
Section 9302 of Title IX; Section 421(b) of GEPA

#### Regulatory Requirements:  {#regulatory-requirements .unnumbered}

34 CFR 76.700 -- 76.783 and 80.3

## Eligibility of an SEA

### A1. Who is eligible to receive a MEP grant? {#a1.-who-is-eligible-to-receive-a-mep-grant .unnumbered}

Only an SEA may receive a MEP grant from the Department. However, local
educational agencies (LEAs), other public agencies, and private
nonprofit organizations, including institutions of higher education, may
participate in the program through subgrants or contracts with SEAs.

### A2. May two or more SEAs jointly apply for a MEP grant? {#a2.-may-two-or-more-seas-jointly-apply-for-a-mep-grant .unnumbered}

Yes. Section 1302 of the statute provides that either an individual SEA
or a combination of SEAs may apply for a MEP grant. If SEAs apply
jointly, one of the SEAs should be designated as a principal contact
with the Department for program and fiscal matters related to the
proposed project. A joint application should describe how SEAs will
cooperate on the migrant education project and outline each SEA\'s
responsibilities.

## SEA Application Process

### B1. How does an SEA apply for a State MEP grant? {#b1.-how-does-an-sea-apply-for-a-state-mep-grant .unnumbered}

Although an SEA may apply for a MEP grant by submitting either a
consolidated application or a MEP-specific application, all SEAs have
chosen to submit a consolidated application.

### B2. What is the difference between a consolidated application and an MEP- specific application? {#b2.-what-is-the-difference-between-a-consolidated-application-and-an-mep--specific-application .unnumbered}

In a consolidated application, an SEA applies for many Federal programs
in a single application, rather than submitting separate applications
for each program. Programs that an SEA may choose to include in a
consolidated application are: Title I --Part A (Improving Basic Programs
Operated by Local Educational Agencies), Part B (Even Start Family
Literacy), Part C (Education of Migrant Children), Part D (Prevention
and Intervention Programs for Children and Youth Who Are Neglected,
Delinquent, or At-Risk), and Part F (Comprehensive School Reform); Title
II --Part A (Teacher and Principal Training and Recruiting Fund), and
Part D (Enhancing Education Through Technology); Title III --Part A
(English Language Acquisition, Language Enhancement, and Academic
Achievement); Title IV --Part A, Subpart 1 (Safe and Drug Free Schools
and Communities), Subpart 2 (Community Service Grants), and Part B
(21^st^ Century Community Learning Centers); Title V --Part A
(Innovative Programs); and Title VI --Part A, Subpart 1, Section 6111
(State Assessment Program), Section 6112 (Enhanced Assessment
Instruments Competitive Grant Program), and Part B (Rural and Low
--Income Schools).

The MEP--specific application is an application that only pertains to
the MEP.

### B3. What type of information is required in a consolidated application? {#b3.-what-type-of-information-is-required-in-a-consolidated-application .unnumbered}

The consolidated application package is available on the Department's
website at
<http://www.ed.gov/admins/lead/account/consolidated/index.html>. In a
consolidated application, the SEA does not have to submit most of the
information that would otherwise be required in an individual ESEA
program application. Instead, an SEA's consolidated application for FY
2002 generally must: 1) confirm that it has adopted the five ESEA goals
and the corresponding indicators that the Department has established; 2)
describe key steps it will take to implement the State administrative
responsibilities (such as definitions of adequate yearly progress used
in Title I, Part A and discretionary subgrant formulas and procedures);
and 3) address how it will comply with key programmatic and fiscal
requirements, which the Department has identified in the consolidated
application package, for the programs for which it has applied. To
receive FY 2003 funding for programs included in the consolidated
application, an SEA must submit to the Department baseline data and
annual performance targets for each of the ESEA performance indicators
specified in the FY 2002 application.

### B4. What type of information is required in a MEP-specific application? {#b4.-what-type-of-information-is-required-in-a-mep-specific-application .unnumbered}

The SEA\'s application must contain sufficient detail on various aspects
of the State\'s migrant education program as described in section
1304(b) of the statute and in the application package. Such topics
include: how the SEA will develop, implement, and document a
comprehensive needs assessment that identifies the special educational
needs of migrant children; how the SEA will integrate services and plan
jointly with local, State, and Federal programs; how the SEA will
provide migrant children the opportunity to meet challenging State
content and academic achievement standards; how the SEA will promote
interstate and intrastate coordination of services; a description of the
SEA's priorities for the use of funds and how these priorities relate to
the needs identified in the comprehensive needs assessment; how the SEA
will award and distribute subgrants to local operating agencies; and how
the SEA will evaluate the effectiveness of its program.

### B5. What period does a consolidated and MEP-specific application cover? {#b5.-what-period-does-a-consolidated-and-mep-specific-application-cover .unnumbered}

The application covers the period that the MEP is authorized under the
ESEA. However, regardless of the length of time covered in the
application, grants are made on an annual basis.

### B6. Are there circumstances under which an approved consolidated or MEP-specific application must be amended before the end of the period covered in the application? {#b6.-are-there-circumstances-under-which-an-approved-consolidated-or-mep-specific-application-must-be-amended-before-the-end-of-the-period-covered-in-the-application .unnumbered}

Yes. If, during the course of carrying out the MEP, the SEA finds that
there is a significant change in the information it submitted regarding
the program-specific requirements or program assurances pertaining to
the MEP, it must submit a description of the changes to the Department
for approval. Significant changes occur when there are changes in
State-wide priorities, changes in the delivery of MEP funding or
services, or when there are changes in the needs of migrant students.
For example, changes in the performance targets for migrant students and
major changes in the State's subgranting process would be considered
significant.

### B7. What responsibilities does an SEA assume when the Department has approved its application? {#b7.-what-responsibilities-does-an-sea-assume-when-the-department-has-approved-its-application .unnumbered}

The SEA is required to implement the MEP in accordance with its approved
application, subsequent amendments, and all applicable Federal laws and
regulations. The SEA is responsible for all aspects of the program,
whether performed directly by the SEA, by a local operating agency, or
by a contractor. This responsibility also applies in cases where
different units of the SEA are assigned responsibility for one or more
components of the State\'s MEP. Therefore, the SEA should ensure that
lines of authority and responsibility are clear and that all fiscal and
programmatic aspects of the State's MEP are properly coordinated.

## Amount Available for an SEA Grant

### C1. How does the Department determine the amount of MEP funds for which each SEA may apply? {#c1.-how-does-the-department-determine-the-amount-of-mep-funds-for-which-each-sea-may-apply .unnumbered}

To the extent that a future year's appropriation equals or exceeds the
FY 2002 appropriation, under section 1303(a)(2), the MEP allocation for
a State (other than Puerto Rico) for FY 2003 and thereafter will
generally consist of --

-   A base amount equal to the State's FY 2002 MEP allocation

Plus

-   An additional amount (if any) calculated based on the sum of the
    State's most recent Category 1 and Category 2 child counts (see
    Question C3 below) multiplied by 40 percent of the State's average
    per-pupil expenditure (PPE), except that this amount may not be more
    than 32 percent nor more than 48 percent of the average PPE in the
    United States. (For more detail, see Question C5 below.)

Because the total amount actually appropriated by Congress is far less
than the total amount generated by the above formula, the amounts are
ratably reduced, under section 1303(c), to determine the final State MEP
allocations. That is, each State's amount is ratably reduced by
multiplying the State's amount by the following fraction:

\[the total amount appropriated by Congress\]

divided by

\[the national total generated by the formula\].

\[Note: Section 1303(a)(2)(B) of the statute provides that the
Department may adjust the base amounts if any additional States that did
not receive an FY 2002 allocation -- i.e., the outlying areas -- apply
for funds in subsequent fiscal years.\]

### C2. What are Category 1 and Category 2 child counts? {#c2.-what-are-category-1-and-category-2-child-counts .unnumbered}

States must annually submit to the Department, by early December,
accurate and unduplicated Category 1 and Category 2 child counts, as
well as a written explanation of the procedures used to calculate and
validate the accuracy of the two child counts. The Category 1 child
count is an unduplicated count of migrant children aged 3 through 21
who, within 3 years of a qualifying move, resided in the State for one
or more days in a 12-month period. The Category 2 child count is an
unduplicated count of migrant children who were served for one or more
days in MEP-funded summer or intersession programs in the State during a
12-month period.

### C3. How does the Department calculate a State's adjusted PPE?  {#c3.-how-does-the-department-calculate-a-states-adjusted-ppe .unnumbered}

SEAs' fiscal offices submit annually the State's most recent current
expenditures for education and the most recent State average daily
attendance data to the Department's National Center for Education
Statistics (NCES). NCES uses these data to calculate *adjusted* State
PPE figures and a national average PPE that are used in the MEP formula
allocation. The adjusted PPE figures reflect certain exclusions,
required under sections 9101(2) and (14) of ESEA, for expenditures for
capital outlay, debt service, community services, and expenditures from
Title I and Title V-A of the ESEA.

### C4. How does the Department use the State's adjusted PPE to calculate the State's MEP award? {#c4.-how-does-the-department-use-the-states-adjusted-ppe-to-calculate-the-states-mep-award .unnumbered}

Under section 1303(a)(2)(B)(ii), the Department multiplies the State's
adjusted PPE by 40 percent in order to determine the State's formula
PPE. It compares the State's formula SPPE with the average PPE in the
United States and --

1.  In cases where a State's formula PPE is less than 32 percent of the
    national PPE, raises the State's formula PPE to 32 percent of the
    national PPE.

2.  In cases where a State's formula PPE is more than 48 percent of the
    national PPE, reduces the State's formula PPE to 48 percent of the
    national PPE.

3.  In cases where a State's formula PPE falls within the ranges
    described in 1 and 2 above, no adjustment is made.

### C5. Is an SEA entitled to receive the amount of MEP funds that the Department computes under the MEP formula? {#c5.-is-an-sea-entitled-to-receive-the-amount-of-mep-funds-that-the-department-computes-under-the-mep-formula .unnumbered}

No. The formula does not establish an SEA\'s entitlement. When the total
amount appropriated for the MEP is insufficient to pay the amounts
computed by formula, the amounts available for allocation to the SEAs
are ratably reduced to the amount appropriated.

## Carryover Funds

### D1. What are \"carryover funds"? {#d1.-what-are-carryover-funds .unnumbered}

After approving an SEA\'s application, the Department provides a grant
award to the SEA to support MEP activities that are conducted during the
15-month period between July 1 (or the date of the grant award) and
September 30 of the following year. Section 421(b) of the General
Education Provisions Act (GEPA) provides that any funds the SEA does not
obligate by the end of this 15-month period remain available to the SEA
for obligation in the succeeding fiscal year. Funds in this category --
that is, funds that are not obligated in the first 15-month period but
that remain available for obligation in the succeeding fiscal year --
are known as \"carryover funds.\" Thus, an SEA (and its subrecipients)
has a total of 27 months in which to obligate any fiscal year's award of
MEP funds.

### D2. If unexpected events occur that prevent the SEA from obligating MEP funds in a given year, must the SEA obtain prior approval in order to spend the carryover funds? {#d2.-if-unexpected-events-occur-that-prevent-the-sea-from-obligating-mep-funds-in-a-given-year-must-the-sea-obtain-prior-approval-in-order-to-spend-the-carryover-funds .unnumbered}

No. The SEA may obligate the carryover funds in accordance with the MEP
statute and regulations, without requesting approval from the
Department.

### D3. Is there any limitation on the percentage of funds an SEA may carry over? {#d3.-is-there-any-limitation-on-the-percentage-of-funds-an-sea-may-carry-over .unnumbered}

No. However, if an SEA carries over a significant percentage of funds on
a yearly basis, this failure to expend funds promptly may indicate a
problem in the administration of the program. Congress appropriates MEP
funds to meet the \"bona fide needs\" of migrant students in the Federal
fiscal year for which funds are appropriated, and thereby anticipates
that SEAs and their operating agencies will use their annual MEP
allocation to meet the needs of migrant students during the initial
15-month period of obligation. As mentioned in Question D1 above,
Section 421(b) of GEPA permits each SEA to carry over unobligated MEP
funds into the next fiscal year. However, given the purpose of the
appropriation, this provision is meant to enable grantees to deal with
unanticipated situations that prevent them from obligating these funds
for the benefit of migrant students during the initial 15-month period.
Therefore, an SEA\'s carryover from one year to another of large amounts
of MEP funds may reflect significant deficiencies in its planning and
use of MEP funds.

### D4. Are program funds that an SEA subgrants to a local operating agency, but that remain unobligated by that local operating agency at the end of the Federal fiscal year (September 30) considered a part of the SEA\'s carryover? {#d4.-are-program-funds-that-an-sea-subgrants-to-a-local-operating-agency-but-that-remain-unobligated-by-that-local-operating-agency-at-the-end-of-the-federal-fiscal-year-september-30-considered-a-part-of-the-seas-carryover .unnumbered}

Yes. All MEP funds that are unobligated at the end of the fiscal year
are included in carryover funds.

### D5. Should SEAs examine the amount of MEP funds that local operating agencies carry over from one fiscal year to the next? {#d5.-should-seas-examine-the-amount-of-mep-funds-that-local-operating-agencies-carry-over-from-one-fiscal-year-to-the-next .unnumbered}

Yes. SEAs should examine how much money local operating agencies carry
over in order to determine whether to reallocate funds that remain
unobligated at the end of the fiscal year. If a local operating agency
has a significant amount of carry over, the SEA might choose to adjust
the local operating agency's subgrant downward to make available the
funds that the local operating agency did not spend in the prior year.
This allows the SEA to reallocate unobligated MEP funds for new uses in
the subsequent fiscal year.

### D6. What are \"obligations\"? {#d6.-what-are-obligations .unnumbered}

Under Section 80.3 of EDGAR, obligations are "the amounts of orders
placed, contracts and subgrants awarded, services received, and similar
transactions during a given period, that will require payment by the
grantee during the same or a future period." Examples of obligations
include:

-   a contract with a CPA firm to conduct an audit;

-   a purchase order issued for student standardized tests; and

-   a salary and fringe benefit agreement.

Sections 76.703 through 76.710 of EDGAR contain the specific rules
governing obligations.

### D7. Under what program requirements must carryover funds be used? {#d7.-under-what-program-requirements-must-carryover-funds-be-used .unnumbered}

Carryover funds must be used in accordance with the statute and
regulations that are in effect for the carryover period -- not the
legislation or regulations in effect during the year for which the funds
were appropriated (if different legislation or regulations were then in
effect).

### D8. When should the SEA report the actual amount of carryover to ED? {#d8.-when-should-the-sea-report-the-actual-amount-of-carryover-to-ed .unnumbered}

Each SEA should submit its report of actual carryover by December 1. If
the actual amount cannot be reported by this date, the SEA should
request an extension in writing.

## Reallocation of Excess Funds

### E1. What are \"excess funds,\" and how does the Department determine whether they are available for reallocation? {#e1.-what-are-excess-funds-and-how-does-the-department-determine-whether-they-are-available-for-reallocation .unnumbered}

In determining the amount of an SEA grant, the Department may decide
that the amount available under the MEP funding formula is more than the
amount that the SEA needs to carry out program activities. The remaining
funds are then \"excess funds\" that may be provided to other SEAs whose
MEP grants otherwise would be insufficient to serve the eligible migrant
children residing in their States. Excess funds also might become
available if an SEA determines that the amount that it receives, or for
which it could apply, is greater than the amount it needs to carry out
activities described in its MEP application.

### E2. How does the Department distribute excess funds? {#e2.-how-does-the-department-distribute-excess-funds .unnumbered}

Depending on when the Department determines that excess funds are
available, the Department may either: (1) notify SEAs that they may
apply for a share of these funds that is proportionate to the relative
size of their grant awards; or (2) request and evaluate, on a
competitive basis, supplemental SEA applications for additional MEP
funds to meet unmet needs of their States\' migrant children.

## Bypass of an SEA

### F1. What is a \"bypass?" {#f1.-what-is-a-bypass .unnumbered}

The MEP is a State-operated and administered program. However, under
certain circumstances the Department may enter into a special
arrangement with one or more public or nonprofit private agencies to
implement the migrant education program in all or part of the State.
This special arrangement is called a \"bypass.\" (See Section 1307 of
the statute.)

### F2. When may the Department make a special "bypass" arrangement with another agency to operate all or part of the State\'s MEP? {#f2.-when-may-the-department-make-a-special-bypass-arrangement-with-another-agency-to-operate-all-or-part-of-the-states-mep .unnumbered}

The Department may make such an arrangement upon a determination that --

-   an SEA is unable or unwilling to conduct an educational program for
    migrant children (including those attending private schools) who are
    eligible to be served;

-   the arrangement would result in more efficient and economic
    administration of the program; or

-   the arrangement would add substantially to the welfare or
    educational achievement of the migrant children who are eligible to
    be served.

### F3. How does a bypass work? {#f3.-how-does-a-bypass-work .unnumbered}

The Department would announce an intent to provide services by bypass
and invite bids from eligible agencies. After reviewing the bids, the
Department then would execute a grant or contract with a public or
nonprofit agency that establishes the terms and conditions of the
bypass. The agency selected to implement the special arrangement would
then be responsible for administering the program consistent with the
SEA\'s obligations under the MEP statute and regulations.

### F4. What is the SEA\'s role in the case of a bypass? {#f4.-what-is-the-seas-role-in-the-case-of-a-bypass .unnumbered}

The SEA does not have a role in the administration or operation of the
program covered by a bypass. Full responsibility for the program rests
with the agency funded through the bypass. However, the funded agency
must be able to coordinate activities with the SEA (consistent with the
statutory requirements in Section 1304(b) for coordination with other
Federal, State, and local programs).

### F5. Where do the funds for a bypass come from? {#f5.-where-do-the-funds-for-a-bypass-come-from .unnumbered}

The Department uses MEP funds that would otherwise be distributed to the
SEA.

# 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) or other
written or electronic form. The term \"migratory child\" is defined in
section 1309(2) of the statute and section 200.81(d) of the regulations.
Determining whether a child meets this definition is often difficult and
depends on a recruiter\'s assessment of information presented by a
parent or other family member, guardian, or other individual responsible
for the child.

This chapter discusses issues of child eligibility and how SEAs may make
these important determinations.

#### Statutory Requirements:  {#statutory-requirements-1 .unnumbered}

Sections 1115(b)(1)(A) and 1309 of Title I, Part C

#### Regulatory Requirements:  {#regulatory-requirements-1 .unnumbered}

34 CFR 200.81

## Migratory Child

### A1. What is the definition of "migratory child"?  {#a1.-what-is-the-definition-of-migratory-child .unnumbered}

According to sections 1115(b)(1)(A) and 1309(2) of the statute and
section 200.81(d) of the regulations, a child is eligible for the MEP
if:

1.  The child is younger than 22 and has not graduated from high school
    or does not hold a high school equivalency certificate (this means
    that the child is entitled to a free public education or is of an
    age below compulsory school attendance); *and*

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4.  The child is a migrant agricultural worker or a migrant fisher *or*
    has a parent, spouse, or guardian who is a migrant agricultural
    worker or a migrant fisher; *and*

5.  The child has moved within the preceding 36 months in order to
    obtain (or seek) or to accompany (or join) a parent, spouse, or
    guardian to obtain (or seek), temporary or seasonal employment in
    qualifying agricultural or fishing work; *and*

6.  Such employment is a principal means of livelihood; *and*

7.  The child:

    a.  Has moved from one school district to another; *or*

    b.  In a State that is comprised of a single school district, has
        moved from one administrative area to another within such
        district; *or*

    c.  Resides in a school district of more than 15,000 square miles
        and migrates a distance of 20 miles or more to a temporary
        residence to engage in a fishing activity. (This provision
        currently applies only to Alaska.)

### A2. Is there a difference between a child who is eligible to receive MEP services and one who is counted for State funding purposes? {#a2.-is-there-a-difference-between-a-child-who-is-eligible-to-receive-mep-services-and-one-who-is-counted-for-state-funding-purposes .unnumbered}

Yes. Any child, birth through age 21, who meets the statutory definition
of "migratory child," may be served by the MEP. However, only children
ages 3 through 21 may be counted for State funding purposes, as provided
in section 1303(a)(1)(A) of the statute.

### A3. Is a child who graduated from high school in his or her native country eligible for the MEP? {#a3.-is-a-child-who-graduated-from-high-school-in-his-or-her-native-country-eligible-for-the-mep .unnumbered}

It depends. If the child is eligible to receive a free public education
under State law and the child meets the definition of "migratory child,"
he or she is eligible for the MEP.

## Migratory Agricultural Worker or Migratory Fisher

### B1. What is a migratory agricultural worker? {#b1.-what-is-a-migratory-agricultural-worker .unnumbered}

According to section 200.81(c) of the regulations, a migratory
agricultural worker is "a person who, in the preceding 36 months, has
moved from one school district to another, or from one administrative
area to another within a State that is comprised of a single school
district, in order to obtain temporary or seasonal employment in
agricultural activities (including dairy work) as a principal means of
livelihood."

### B2. What is a migratory fisher? {#b2.-what-is-a-migratory-fisher .unnumbered}

According to section 200.81(e) of the regulations, a migratory fisher is
"a person who, in the preceding 36 months, has moved from one
administrative area to another, or from one administrative area to
another within a State that is comprised of a single school district, in
order to obtain temporary or seasonal employment in fishing activities
as a principal means of livelihood." The definition also includes "a
person who, in the preceding 36 months, resided in a school district of
more than 15,000 square miles, and moved a distance of 20 miles or more
to a temporary residence to engage in a fishing activity as a principal
means of livelihood."

### B3. What is an emancipated youth? {#b3.-what-is-an-emancipated-youth .unnumbered}

An emancipated youth is a child under the age of majority (for a given
State) who is no longer under the control of a parent or guardian and is
solely responsible for his or her own welfare.

### B4. Are emancipated youth eligible for the MEP? {#b4.-are-emancipated-youth-eligible-for-the-mep .unnumbered}

Yes. Emancipated youth are eligible for the MEP so long as they meet the
definition of a "migratory child."

### B5. What is a guardian? {#b5.-what-is-a-guardian .unnumbered}

A guardian is any person who stands in the place of a parent to a child
(in "loco parentis") whether by accepting responsibility for the child's
welfare or by a court order.

### B6. Is a legal document necessary to establish guardianship? {#b6.-is-a-legal-document-necessary-to-establish-guardianship .unnumbered}

No. So long as the guardian stands in the place of a parent to a child
and is responsible for the child's welfare, a legal document
establishing the relationship is not necessary.

### B7. May MEP eligibility be based on a guardian's status as a migrant worker? {#b7.-may-mep-eligibility-be-based-on-a-guardians-status-as-a-migrant-worker .unnumbered}

Yes. Although the definition of "migratory child" in section 1309(2) of
the statute does not mention the move of a guardian as a basis for
eligibility, section 9101(31) defines "parent" to include a legal
guardian or other person standing in "loco parentis." In addition, the
regulations include that a child's eligibility may be based on the move
of a guardian. (See 34 CFR 200.81(d).)

### B8. May a sibling act as a guardian to other siblings? {#b8.-may-a-sibling-act-as-a-guardian-to-other-siblings .unnumbered}

Yes. If the working sibling acknowledges responsibility for the
children's welfare and stands in place of a parent, the children may be
eligible based on the sibling's qualifying employment and qualifying
move.

### B9. Is a marriage certificate or other legal document necessary to establish a spousal relationship when MEP eligibility is based on a spouse's status as a migrant worker? {#b9.-is-a-marriage-certificate-or-other-legal-document-necessary-to-establish-a-spousal-relationship-when-mep-eligibility-is-based-on-a-spouses-status-as-a-migrant-worker .unnumbered}

No. Under circumstances where eligibility is based on a spouse's status
as a migrant worker, recruiters need only be satisfied that a spousal
relationship exists.

## Qualifying Move

### C1. What is a \"qualifying move"? {#c1.-what-is-a-qualifying-move .unnumbered}

A move qualifies if:

1.  it is a move across school district boundaries; *and*

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8.  it involves a change of residence; *and*

9.  the purpose of the worker's move is to obtain qualifying work in
    agriculture or fishing;

10. the purpose of the worker's move was not to relocate on a permanent
    basis; *and*

11. it occurred within the preceding 36 months.

### C2. What is involved in a qualifying move "from one school district to another\"? {#c2.-what-is-involved-in-a-qualifying-move-from-one-school-district-to-another .unnumbered}

A qualifying move from one school district to another involves a move
across established school district boundaries and a change in residence.
In a State that is comprised of a single school district (District of
Columbia, Hawaii, and Puerto Rico), the move must be from one
administrative area to another. In a State where school districts are
more than 15,000 square miles (Alaska), the move must be either across
school district lines or 20 miles or more to a temporary residence to
engage in a fishing activity.

###  C3. What constitutes a change in residence? {#c3.-what-constitutes-a-change-in-residence .unnumbered}

For purposes of qualifying for the MEP, a change in residence means
moving to a different school district. This may involve:

-   a change of residence from the migrant worker's home base to a
    temporary residence where the worker seeks or obtains qualifying
    work; or

-   a change in residence from one temporary residence to another
    temporary residence where the worker seeks or obtains qualifying
    work; or

-   a change in residence from a temporary residence back to the migrant
    worker's home base, so long as the move back to the home base is not
    a permanent relocation and the purpose of the move is to seek or
    obtain qualifying work in the home base.

### C4. What is a permanent relocation? {#c4.-what-is-a-permanent-relocation .unnumbered}

A permanent relocation is a move that is made without the intent to move
again. (See Question F3 of this chapter if the move is from a
non-contiguous country to the United States.)

### C5. Are there special issues that affect the moves of migratory fishers who move in a boat? {#c5.-are-there-special-issues-that-affect-the-moves-of-migratory-fishers-who-move-in-a-boat .unnumbered}

Yes. In order for a fisher to make a qualifying move, the fisher must
have moved on a boat either across school district boundaries (to the
extent that State law establishes boundaries on water) or at least 20
miles within a school district of more than 15,000 square miles. The
location to which the boat moves is the new temporary residence.

### C6. Is there a minimum duration for a qualifying move? {#c6.-is-there-a-minimum-duration-for-a-qualifying-move .unnumbered}

Yes. The move must be sufficiently long to establish that the qualifying
work is a principal means of livelihood and to establish residency. In
cases where the worker sought but did not obtain qualifying work, the
recruiter should document why he or she believes the work would have
been a principal means of livelihood. (For more information on principal
means of livelihood, please see Questions J1 through J8 of this
chapter.)

### C7. Is there a minimum distance requirement for a qualifying move? {#c7.-is-there-a-minimum-distance-requirement-for-a-qualifying-move .unnumbered}

No. The only requirement is that the move be across school district
boundaries to establish a new residence and to enable the worker to seek
or obtain qualifying work. However, if the move is of a very short
distance, the recruiter should explain in the comment section of the COE
the basis for determining that the move qualifies. (See Question M5 of
this chapter). Also note that special distance provisions apply to moves
in school districts that are more than 15,000 square miles.

### C8. Is a worker who travels back and forth between his residence and his agricultural or fishing job within the same day engaged in a qualifying move? {#c8.-is-a-worker-who-travels-back-and-forth-between-his-residence-and-his-agricultural-or-fishing-job-within-the-same-day-engaged-in-a-qualifying-move .unnumbered}

No. Such a worker is a "day-haul" worker and his travel is a commute,
not a migration. This type of travel is not considered a qualifying move
and children who perform this type of work or accompany a parent,
spouse, or guardian under these circumstances do not qualify for the MEP
based on these trips.

### C9. When does eligibility of a child begin? {#c9.-when-does-eligibility-of-a-child-begin .unnumbered}

A child's eligibility for the MEP begins when the child completes a
qualifying move. This is often referred to as the qualifying arrival
date (QAD) for purposes of the COE.

### C10. May an SEA base a child's eligibility on a qualifying move that occurred in another State within the past 36 months? {#c10.-may-an-sea-base-a-childs-eligibility-on-a-qualifying-move-that-occurred-in-another-state-within-the-past-36-months .unnumbered}

Yes. The recruiter must record the date on which the qualifying move
occurred and other information that establishes the child's eligibility
for the MEP. SEAs are also encouraged to call the State in which the
qualifying move occurred to verify that the move qualified. The child is
eligible for the MEP for the remainder of the 36-month period.

### C11. May a recruiter rely on an eligibility determination made by another State? {#c11.-may-a-recruiter-rely-on-an-eligibility-determination-made-by-another-state .unnumbered}

No. Although recruiters are encouraged to share information with other
States and may use this information to determine whether a child is
eligible for the MEP, they must decide independently that the child is
eligible for the MEP in their State.

### C12. May an SEA recruit a child after he or she "settles out"? {#c12.-may-an-sea-recruit-a-child-after-he-or-she-settles-out .unnumbered}

Yes. The SEA must record the basis for determining that the child
qualified as a migrant child during the preceding 36 months. In such
case, the child would retain MEP eligibility for the remainder of the
36-month period, or until he or she: (1) extends the eligibility period
by making another qualifying move; or (2) terminates eligibility (e.g.,
receives a high school diploma or its equivalent, or turns 22).

## Intent

### D1. How does a recruiter determine whether a worker moved with the intent to seek or obtain qualifying work? {#d1.-how-does-a-recruiter-determine-whether-a-worker-moved-with-the-intent-to-seek-or-obtain-qualifying-work .unnumbered}

A recruiter must use sound and reasonable judgment to determine whether
the particular facts and circumstances support a determination that the
worker moved with this intent. In certain situations, the recruiter
should provide additional comments on the COE to explain his or her
rationale. (For more detail on when it may be necessary to provide
additional comments on the COE, please see Question M5 of this chapter.)

### D2. Should a recruiter *always* determine the intent of a worker's move? {#d2.-should-a-recruiter-always-determine-the-intent-of-a-workers-move .unnumbered}

Yes. According to section 1309(2) of the statute, a move only qualifies
if it is made "in order to obtain (or seek) temporary or seasonal
employment in agricultural or fishing work." The only way to determine
whether this was the reason for the move is to determine the worker's
intent.

### D3. Should a recruiter ask a worker about the intent of his or her move if the worker is engaged in qualifying work? {#d3.-should-a-recruiter-ask-a-worker-about-the-intent-of-his-or-her-move-if-the-worker-is-engaged-in-qualifying-work .unnumbered}

Yes. The fact that a worker moved and is engaged in qualifying work is
not a presumption that the worker moved with the intent to obtain that
work. Recruiters should always ask workers engaged in qualifying work
whether they moved with the intent to seek or obtain that work.

### D4. What if the worker asserts that he moved with the intent to find qualifying work but did not obtain the work? {#d4.-what-if-the-worker-asserts-that-he-moved-with-the-intent-to-find-qualifying-work-but-did-not-obtain-the-work .unnumbered}

In this situation, there is a presumption that the worker moved with the
intent to obtain qualifying work if: (1) the worker has a history of
migrant employment, *and* (2) there is corroborating evidence of the
circumstances that prevented the worker from obtaining qualifying work
(e.g., there was a flood or crop failure in the area). Absent these
factors, the recruiter may find that the worker made a qualifying move
based on other convincing evidence. In any event, the recruiter should
clearly document in the comment section of the COE the basis for his or
her determination.

### D5. What if the worker asserts more than one reason for moving to a particular school district? {#d5.-what-if-the-worker-asserts-more-than-one-reason-for-moving-to-a-particular-school-district .unnumbered}

A worker who asserts more than one reason for moving made a qualifying
move if the recruiter determines that the *primary purpose* for the
worker\'s move was to seek or obtain qualifying work. The recruiter
should clearly document in the comment section of the COE the basis for
his or her determination.

### D6. What if one of the worker's reasons for moving was to relocate permanently, but the worker also obtained qualifying work? {#d6.-what-if-one-of-the-workers-reasons-for-moving-was-to-relocate-permanently-but-the-worker-also-obtained-qualifying-work .unnumbered}

If the recruiter finds that the primary purpose for the move was to
permanently relocate to a new area, the move does not qualify, even if
the worker is engaged in qualifying work.

### D7. How may a recruiter evaluate whether the primary purpose of the worker's move was to seek or obtain qualifying work? {#d7.-how-may-a-recruiter-evaluate-whether-the-primary-purpose-of-the-workers-move-was-to-seek-or-obtain-qualifying-work .unnumbered}

Recruiters should examine the facts and circumstances regarding the
worker's statements about the intent of the move and make a reasonable
determination whether the statement is credible and supportable. For
example, if a worker states that he moved to obtain qualifying work and
the recruiter determines that he is engaged in such work, there is
strong support for the worker's statement. If, on the other hand, a
worker states that he moved to obtain qualifying work and he is not
engaged in such work, the recruiter should probe further and look at
other factors to make a determination. The recruiter may examine such
factors as: (1) whether the worker or family has a prior history of
moving in order to perform qualifying work; (2) whether external
circumstances (e.g., flood, crop failure, etc.) prevented the worker
from obtaining the work; and (3) whether the worker's geographic
location is a place where such work is available.

### D8. If a worker moves months in advance before work is available in order to secure housing, does the move qualify? {#d8.-if-a-worker-moves-months-in-advance-before-work-is-available-in-order-to-secure-housing-does-the-move-qualify .unnumbered}

The more time that passes between the worker\'s move and attempts to
secure employment, the more difficult it is to establish that the
primary purpose of the move was to seek or obtain qualifying work. Any
move that occurs well before work is reasonably expected to be available
is questionable. The recruiter must use his or her professional judgment
to determine, based on credible evidence, if the particular move
qualifies. The recruiter should record in the comment section of the COE
the reasons for the eligibility determination.

### D9. Does a move qualify if a worker moves to a new State or school district specifically to seek work in construction but, because construction work is not available, the worker accepts work in a seasonal agricultural activity? {#d9.-does-a-move-qualify-if-a-worker-moves-to-a-new-state-or-school-district-specifically-to-seek-work-in-construction-but-because-construction-work-is-not-available-the-worker-accepts-work-in-a-seasonal-agricultural-activity .unnumbered}

No. This is not a qualifying move because the worker did not move with
the intent to seek or obtain qualifying work.

### D10. Does a move qualify if a worker moves to the United States from a non-contiguous country to seek political asylum and the worker accepts temporary work in a processing plant as a principal means of livelihood? {#d10.-does-a-move-qualify-if-a-worker-moves-to-the-united-states-from-a-non-contiguous-country-to-seek-political-asylum-and-the-worker-accepts-temporary-work-in-a-processing-plant-as-a-principal-means-of-livelihood .unnumbered}

No. The primary purpose of the worker's move was to relocate to the
United States permanently to seek political asylum. The fact that the
worker obtained qualifying work was incidental to the permanent
relocation. Therefore, the move does not qualify. However, any
subsequent moves that the worker makes within the United States should
be evaluated separately on their own merit because they may qualify.

### D11. Does a move qualify if a worker relocates from a northern State to a warmer southern State that is closer to family members and the only work available in the area is seasonal farm work, which the worker accepts? {#d11.-does-a-move-qualify-if-a-worker-relocates-from-a-northern-state-to-a-warmer-southern-state-that-is-closer-to-family-members-and-the-only-work-available-in-the-area-is-seasonal-farm-work-which-the-worker-accepts .unnumbered}

It depends. If the recruiter determines that the primary purpose for the
worker's move was to seek temporary or seasonal employment in qualifying
agricultural or fishing work, the move would qualify. However, if the
recruiter determines that the primary purpose of the worker's move was
to relocate permanently to be near family or to live in a more temperate
climate, the move would not qualify, even if the worker is engaged in
qualifying work.

### D12. Is a return from a vacation or similar trip considered a qualifying move? {#d12.-is-a-return-from-a-vacation-or-similar-trip-considered-a-qualifying-move .unnumbered}

No. Workers who return home from a vacation, visiting a sick relative,
or for other personal reasons have not made a qualifying move.

### D13. Does a move qualify if a family goes on vacation and some of the family members engage in temporary agricultural or fishing activities during the vacation? {#d13.-does-a-move-qualify-if-a-family-goes-on-vacation-and-some-of-the-family-members-engage-in-temporary-agricultural-or-fishing-activities-during-the-vacation .unnumbered}

No. If the primary purpose of the move was to go on vacation, the fact
that some family members engage in temporary or seasonal agricultural or
fishing activities during the vacation does not make it a qualifying
move. In addition, such a move would not qualify because work performed
during a vacation is not likely to be qualifying work as it is not a
principal means of livelihood, but merely incidental to the vacation.
However, if the primary purpose of the move was to seek or obtain
qualifying work (instead of vacation), the move would qualify. (See
Question D5 of this chapter on multiple intent of a move.)

### D14. Are annual migrations to work for the same farmer and live in the same temporary residence considered permanent employment? {#d14.-are-annual-migrations-to-work-for-the-same-farmer-and-live-in-the-same-temporary-residence-considered-permanent-employment .unnumbered}

No. An annual migration to perform temporary or seasonal work for the
same farmer is not considered permanent employment. This is true even if
the farmer guarantees the worker employment each year and reserves the
same temporary residence for the worker.

### D15. Does a move qualify if a worker moves back to his or her home base to seek qualifying employment and crosses school district boundaries en route? {#d15.-does-a-move-qualify-if-a-worker-moves-back-to-his-or-her-home-base-to-seek-qualifying-employment-and-crosses-school-district-boundaries-en-route .unnumbered}

Yes. Any move across school district boundaries for the purpose of
seeking qualifying work that is not a permanent relocation is a
qualifying move.

## "To Join" Issues

### E1. Does a child have to move at the same time as the parent/worker to be considered eligible for the MEP? {#e1.-does-a-child-have-to-move-at-the-same-time-as-the-parentworker-to-be-considered-eligible-for-the-mep .unnumbered}

No. The child does not need to move simultaneously with the
parent/worker in order to be eligible for the MEP. The child's move may
precede or follow the worker's move.

### E2. What is the "to join" date? {#e2.-what-is-the-to-join-date .unnumbered}

In situations where the child and parent do not move together, the "to
join" date is the day that the child and worker complete the move to be
together. If the child's move precedes the worker's move, the qualifying
arrival date is the date that the worker arrived. The reason for this is
that a move does not qualify until the worker arrives in the school
district and begins to seek qualifying work. Therefore, it is only at
this point that the child meets the definition of "migratory child." On
the other hand, if the child's move followed the worker's move, the
qualifying arrival date is the date the child arrived. The reason for
this is that the child does not establish eligibility as a migrant child
until he or she physically arrives in the receiving school district.

### E3. Is there a time limit on "to join" moves? {#e3.-is-there-a-time-limit-on-to-join-moves .unnumbered}

No. However, the SEA should establish a reasonable time limit for "to
join" moves. If the SEA has not established a time limit, the recruiter
should determine what is reasonable based on the circumstances. As a
rule of thumb, the child's move should occur within a year of the
worker's move. After one year, it is difficult to establish a credible
relationship between the child's move and the worker's move.
Nonetheless, there may be unusual circumstances that may prevent a child
from moving within 12 months of the worker's move. In that case, the SEA
should document the basis for determining that the child is eligible
even after a prolonged period of time between the two moves.

### E4. Must a child live with the parent/worker prior to joining him/her in the qualifying move? {#e4.-must-a-child-live-with-the-parentworker-prior-to-joining-himher-in-the-qualifying-move .unnumbered}

No. The child is not required to have lived with the parent/worker that
he or she joins in order to be eligible for the MEP.

## International Moves

### F1. Is a move to the United States from Mexico or Canada considered differently than a move within the United States?  {#f1.-is-a-move-to-the-united-states-from-mexico-or-canada-considered-differently-than-a-move-within-the-united-states .unnumbered}

No. A move from Mexico or Canada to a school district in the U.S. is
considered the same as a move from one school district to another within
the U.S. The reason for this is that there is historical pattern of
migration from Mexico and Canada to the U.S. to perform temporary or
seasonal work in agriculture.

### F2. May a move from a school district in the United States to a school district in Mexico or Canada qualify? {#f2.-may-a-move-from-a-school-district-in-the-united-states-to-a-school-district-in-mexico-or-canada-qualify .unnumbered}

No. Such a move does not qualify because it is not a move to a school
district within the United States. The MEP is meant to benefit families
who perform qualifying work in the United States. Therefore, moves to
Mexico or Canada to engage in temporary or seasonal employment in
agricultural or fishing activities do not qualify.

### F3. May a move to the U.S. from a country other than Mexico or Canada be considered a qualifying move? {#f3.-may-a-move-to-the-u.s.-from-a-country-other-than-mexico-or-canada-be-considered-a-qualifying-move .unnumbered}

It depends. A move from a country other than Mexico or Canada qualifies
if the *primary purpose* of the move was to enable the child, parent,
guardian or spouse to obtain temporary or seasonal employment in an
agricultural or fishing activity. However, most of these moves do not
qualify because the move is a permanent relocation to the United States
for political or other personal reasons. Recruiters should be careful in
making these determinations and should document in the comment section
of the COE the basis for their decision.

### F4. If a family makes a non-qualifying move to the U.S. from another country, may the family be considered eligible based on a subsequent move? {#f4.-if-a-family-makes-a-non-qualifying-move-to-the-u.s.-from-another-country-may-the-family-be-considered-eligible-based-on-a-subsequent-move .unnumbered}

Yes. It is possible that the family may enter the migrant labor pool
after the initial move to the U.S. So long as the family subsequently
moved with the intent to seek temporary or seasonal work in an
agricultural or fishing activity, the move would qualify and the family
would be eligible (assuming it met all other eligibility criteria).

## Stopover Sites

### G1. What are stopover sites? {#g1.-what-are-stopover-sites .unnumbered}

Stopover sites are rest centers where migrant families who are in
transit stop for a night or two before moving on to another locale.

### G2. May SEAs serve eligible migrant families who stay at a stopover site? {#g2.-may-seas-serve-eligible-migrant-families-who-stay-at-a-stopover-site .unnumbered}

Yes.

### G3. May SEAs count the eligible migrant children they serve at stopover sites for funding purposes? {#g3.-may-seas-count-the-eligible-migrant-children-they-serve-at-stopover-sites-for-funding-purposes .unnumbered}

It depends. The SEA may count eligible migrant children who have already
established residency in the State prior to staying at the stopover
site. The SEA may not count migrant children who have not established
residency in the State -- simply stopping in the State for a rest period
does not establish residency. In these cases, the SEA must wait for the
migrant family to complete the qualifying move and establish residency
in the State before it may count the children.

## Qualifying Work

### H1. What is "qualifying work"? {#h1.-what-is-qualifying-work .unnumbered}

Work qualifies if it:

1.  meets the definition of an "agricultural or fishing activity" in
    sections 34 CFR 200.81(a) or (b); *and*

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12. is a principal means of livelihood; *and*

13. is temporary or seasonal.

### H2. May MEP eligibility be based on a worker who performs both qualifying and non-qualifying work in his job?  {#h2.-may-mep-eligibility-be-based-on-a-worker-who-performs-both-qualifying-and-non-qualifying-work-in-his-job .unnumbered}

Yes. So long as the qualifying work is a regular part of the worker's
responsibilities, MEP eligibility may be based on such work.

## Agricultural or Fishing Activity 

### I1. What is the definition of "agricultural activity" for purposes of the MEP? {#i1.-what-is-the-definition-of-agricultural-activity-for-purposes-of-the-mep .unnumbered}

An "agricultural activity" is:

1.  any activity directly related to the production or processing of
    crops, dairy products, poultry, or livestock for initial commercial
    sale or as a principal means of personal subsistence;

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14. any activity directly related to the cultivation or harvesting of
    trees; or

15. any activity directly related to fish farms. 34 CFR 200.81(a).

##### Production or Processing for Initial Commercial Sale {#production-or-processing-for-initial-commercial-sale .unnumbered}

### I2. What does "production" mean? {#i2.-what-does-production-mean .unnumbered}

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.

### I3. What is a crop? {#i3.-what-is-a-crop .unnumbered}

A crop is a plant that is harvested for use by people or livestock.

### I4. What is livestock? {#i4.-what-is-livestock .unnumbered}

In general, livestock is any domestic animal produced or kept primarily
for breeding or slaughter purposes, including beef and dairy cattle,
hogs, sheep, goats, and horses. For purposes of the MEP, livestock does
not include animals that are raised for sport, recreation, research, or
pets.

### I5. What are some examples of work directly related to the production of crops? {#i5.-what-are-some-examples-of-work-directly-related-to-the-production-of-crops .unnumbered}

Some examples include, but are not limited to:

-   Planting - oranges, apples, trees

-   Cultivating - cotton, beans, onions

-   Pruning - grapes, trees, hops

-   Thinning - sugar beets, tomatoes, cotton

-   Weeding - lettuce, tomatoes, celery

-   Fertilizing - peanuts, apples, oranges, cotton, lettuce

-   Harvesting - picking or gathering agricultural or fishing products

### I6. What are some examples of work directly related to the production of livestock? {#i6.-what-are-some-examples-of-work-directly-related-to-the-production-of-livestock .unnumbered}

According to the U.S. Department of Labor, the production of livestock
involves actively taking care of animals. Such activities include:
herding, handling, feeding, watering, caring for, branding, tagging, and
assisting in the raising of livestock.

### I7. What does "processing" mean? {#i7.-what-does-processing-mean .unnumbered}

The term "processing" means working with a raw agricultural or fishing
product and transforming it into a more refined product.

### I8. What are some examples of activities that are directly related to processing? {#i8.-what-are-some-examples-of-activities-that-are-directly-related-to-processing .unnumbered}

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.

### I9. What are some activities that are *not* directly related to production or processing? {#i9.-what-are-some-activities-that-are-not-directly-related-to-production-or-processing .unnumbered}

Some activities that are not directly related to production or
processing include: transporting a product; selling an agricultural or
fishing product; landscaping; managing a farm or processing plant;
providing accounting, bookkeeping, or clerical services; repairing or
maintaining equipment used for production or processing; cleaning or
sterilizing farm machinery or processing equipment; providing
babysitting or childcare services for farmworkers; and working at a
restaurant.

### I10. When does an "initial commercial sale" occur? {#i10.-when-does-an-initial-commercial-sale-occur .unnumbered}

In terms of production and processing, the initial commercial sale
occurs when the crop or processed product is sold: (1) for refining to
the next-stage processor; (2) to the wholesaler; (3) to the retailer; or
(4) directly to the consumer.

### I11. Are there circumstances where there may be two initial commercial sales associated with one crop? {#i11.-are-there-circumstances-where-there-may-be-two-initial-commercial-sales-associated-with-one-crop .unnumbered}

Yes. Because an initial commercial sale may occur at the conclusion of
the production of a crop *and* at the conclusion of processing that crop
into a more refined product, there may be situations where there are two
initial commercial sales. For example, wheat is harvested and sold to a
factory for processing the wheat into flour. The sale of the wheat to
the factory is the initial commercial sale of a crop to the processor.
This sale ends the production phase of the crop. The factory then
processes the wheat into flour and sells the flour to a bakery. The sale
of the flour to the bakery is an initial commercial sale of a processed
product (flour) to a next-stage processor and ends the processing phase
as a qualifying agricultural activity. Harvesting the wheat and
processing the wheat into flour both meet the definition of
"agricultural activity" because they are the production and processing
of a crop for initial commercial sale.

### I12. What is "second-stage" processing? {#i12.-what-is-second-stage-processing .unnumbered}

Second-stage processing occurs after a *processed product* is sold to
the next-stage processor for further refinement. In the example above,
using the flour to bake cookies would be second-stage processing because
the first stage of processing occurred when the wheat was processed into
flour. In this case, any work performed at the bakery does not meet the
definition of "agricultural activity" because there was an initial
commercial sale of a processed product when the flour was sold to the
bakery.

### I13. What does "personal subsistence" mean? {#i13.-what-does-personal-subsistence-mean .unnumbered}

Personal subsistence means that the worker and his or her family consume
the crops, dairy products, or livestock they produce or the fish they
catch in order to survive.

##### Cultivation or Harvesting of Trees {#cultivation-or-harvesting-of-trees .unnumbered}

### I14. What types of activities are "directly related to the cultivation or harvesting of trees"? {#i14.-what-types-of-activities-are-directly-related-to-the-cultivation-or-harvesting-of-trees .unnumbered}

Cultivation or harvesting of trees includes soil preparation, planting,
tending, pruning, felling, and cutting.

### I15. Does transporting trees from a harvesting site to a processor (sawmill) qualify as an agricultural activity? {#i15.-does-transporting-trees-from-a-harvesting-site-to-a-processor-sawmill-qualify-as-an-agricultural-activity .unnumbered}

No. Transporting trees is not an agricultural activity because it occurs
after the cultivation and harvesting of trees.

### I16. Is processing trees considered an agricultural activity? {#i16.-is-processing-trees-considered-an-agricultural-activity .unnumbered}

No. According to section 200.81(a)(2) of the regulations, only
activities directly related to the cultivation or harvesting of trees
are allowed. Processing trees is not directly related to cultivation and
harvesting of trees.

##### Fish Farms {#fish-farms .unnumbered}

### I17. What is a "fish farm"? {#i17.-what-is-a-fish-farm .unnumbered}

A fish farm is a tract of water reserved for the cultivation of fish or
shellfish, such as catfish, eels, oysters, or clams. The fish are
artificially cultivated, rather than caught in open running water as
they would be in a "fishing activity."

##### Fishing Activities {#fishing-activities .unnumbered}

### I18. What is a "fishing activity"? {#i18.-what-is-a-fishing-activity .unnumbered}

A "fishing activity" is any activity directly related to the catching or
processing of fish or shellfish for initial commercial sale or personal
subsistence. (See 34 CFR 200.81(b) and Questions I8 through I11 of this
chapter for more information on initial commercial sale and personal
subsistence.)

## Principal Means of Livelihood (PMOL)

### J1. What does PMOL mean? {#j1.-what-does-pmol-mean .unnumbered}

PMOL means that *an agricultural or fishing activity plays an important
part in providing a living for the worker and his or her family*. 34 CFR
200.81(f). This regulation means that a child who meets all other
aspects of the definition of a migrant child is not eligible to be
counted or served by the MEP unless the temporary or seasonal
agricultural or fishing work is in fact an important part of their
livelihood. *Children whose parents do not rely on this work for their
livelihood are not migrant children under the MEP and, therefore, may
not be found eligible or receive program services.*

### J2. Does the qualifying work need to be the most important means of livelihood for the worker or family? {#j2.-does-the-qualifying-work-need-to-be-the-most-important-means-of-livelihood-for-the-worker-or-family .unnumbered}

No. However, the child is not eligible for the MEP unless the qualifying
work plays an important part in sustaining the family.

### J3. Are recruiters required to review income information to determine whether the qualifying work is a PMOL for the family? {#j3.-are-recruiters-required-to-review-income-information-to-determine-whether-the-qualifying-work-is-a-pmol-for-the-family .unnumbered}

No. However, through the interview process, the recruiter should be
satisfied that the agricultural or fishing work in fact plays an
important part of providing a living for the family. Absent obvious
evidence to the contrary, the recruiter may rely on information the
worker, employer, or other relevant person provides and should make a
sound judgment based on that information. In cases where the worker's
statements about the family's reliance on the agricultural or fishing
work does not seem reasonable (e.g., the household is also supported by
family members engaged in non-qualifying work), the recruiter should
either find the child ineligible or refer the situation to a higher
official within the State.

### J4. What types of questions should recruiters ask parents to determine whether a child is eligible on the basis of PMOL? {#j4.-what-types-of-questions-should-recruiters-ask-parents-to-determine-whether-a-child-is-eligible-on-the-basis-of-pmol .unnumbered}

Recruiters should ask parents questions like:

-   At the time of the move, were you employed? What did you do?

-   Was anyone else in your household employed? What did they do?

-   How many dependents are in the household?

-   To what extent did your family rely on this job for basic
    necessities?

-   Is the income from your other jobs enough to support your family?

### J5. What are some "red flags" that should alert recruiters to inquire further into whether agricultural or fishing work is a PMOL? {#j5.-what-are-some-red-flags-that-should-alert-recruiters-to-inquire-further-into-whether-agricultural-or-fishing-work-is-a-pmol .unnumbered}

-   First agricultural or fishing move -- The family has not performed
    agricultural or fishing work before.

-   Moves from urban or non-traditional migrant areas -- The family
    moves from an urban or other area where migrant activities do not
    generally occur.

-   Households where some members have non-agricultural/fishing
    occupations -- Some members of the household are employed in
    occupations unrelated to agriculture or fishing.

-   Worker has an occupation that is not related to agriculture or
    fishing for part of the year (especially if he or she goes back to
    this job regularly).

-   Lifestyle where migration does not seem to be an important factor in
    the family's life (non-traditional migrant housing, no school
    interruptions).

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-   Non-entry-level occupation, especially for the non-qualifying work
    -- The worker or other family members have positions that are not
    entry-level or positions that require training or higher education.

### J6. What are some examples of determining PMOL? {#j6.-what-are-some-examples-of-determining-pmol .unnumbered}

-   A parent is a commercial fisher during the summer, but also works as
    a janitor in the school the remainder of the year. When the
    recruiter visits the parent, she asks him \"Is this fishing work
    really important for providing a living for your family\"? The
    parent tells her that, without the revenue he earns from fishing, he
    doesn\'t know how his family would make ends meet. Based on his
    verbal affirmation and the recruiter's belief that his statement is
    credible, she concludes that fishing is an important part of
    providing a living for the family. The child is eligible for the MEP
    on the basis of PMOL.

-   A recruiter visits a family that plans to reside in the school
    district for four weeks while harvesting cherries. She asks the
    family what they do to earn a living during the rest of the year.
    The mother tells her that they follow other seasonal crops. The
    child is eligible for the MEP on the basis of PMOL.

-   A father who is unemployed makes a temporary or seasonal move to a
    northern State with his children after hearing that he can find
    field-work there. When he arrives at his destination, he looks for
    work but finds that the crop is poor and work is not available.
    Because the father had no other employment and the work he was
    seeking would have been a PMOL for the family, the child is eligible
    for the MEP on the basis of PMOL

-   Two teenage brothers move without their parents from Florida to
    Georgia during the summer to pick vegetables for two weeks. When
    they return to their parents' home in their home school district, a
    recruiter interviews them and finds out that their mother is a
    teacher's aide and their father works as a landscaper. She also
    learns that the boys earned only enough money in Georgia to pay for
    their trip and their own incidental summer expenses. The children
    are not eligible for the MEP because the boys' income is not a PMOL
    for the family.

### J7. How should a recruiter document PMOL? {#j7.-how-should-a-recruiter-document-pmol .unnumbered}

During the initial interview, the recruiter should determine whether the
family performs temporary or seasonal work in agriculture or fishing. If
so, the recruiter should follow up with questions to determine whether
the work is a PMOL (i.e., whether the work constitutes an important part
in sustaining the family.) On the basis of this information, the
recruiter should make an independent determination and *document* that
decision on the COE.

SEAs should develop and implement procedures, training, and guidance for
recruiters to make appropriate determinations of PMOL. For example, an
SEA may require a new recruiter to complete a supplemental form that
describes the basis for his or her determination that the work is a PMOL
(which a supervisor reviews) until such time that the recruiter has
learned to make appropriate PMOL determinations. In situations where it
is particularly difficult to determine whether the work is a PMOL (e.g.,
in Alaska, many families engage in qualifying activities for cultural
reasons but the work is not a PMOL), it may be appropriate for the SEA
to require recruiters to fill out a supplemental form on a permanent
basis.

### J8. How does a recruiter determine whether the work is a PMOL if the family made a move of very short duration (e.g., one day)? {#j8.-how-does-a-recruiter-determine-whether-the-work-is-a-pmol-if-the-family-made-a-move-of-very-short-duration-e.g.-one-day .unnumbered}

A *single* one-day move is not of sufficient duration to establish that
the work is a PMOL. However, if the recruiter is able to determine that
a worker and his or her family have a prior history of short moves to
perform qualifying work that are important to the family's livelihood,
then the recruiter may find that the child(ren) are eligible for the
MEP. In this case, the recruiter should clearly document the basis for
this determination in the comment section of the COE.

## Temporary or Seasonal Employment

### K1. What is temporary employment? {#k1.-what-is-temporary-employment .unnumbered}

For purposes of the MEP, temporary employment is employment in
agriculture or fishing that lasts for a short time frame, usually no
longer than 12 months.

### K2. How does one determine whether employment is temporary? {#k2.-how-does-one-determine-whether-employment-is-temporary .unnumbered}

There are several tests that may be used to determine whether employment
is temporary:

1.  The employer hires the worker to perform a task that has a clearly
    defined beginning and end (e.g., digging an irrigation ditch or
    building a fence) and is not one of a series of activities that is
    typical of permanent employment.

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16. The employer hires the worker for a limited time frame (e.g., for a
    three-month period).

17. The employer hires additional workers during periods of peak demand
    (e.g., a poultry processing plant hires more workers in November to
    handle the increase in turkey production before Thanksgiving).

18. An "industrial survey" establishes that, despite the apparent
    permanency of the work, the job may be considered temporary. (See
    section L of this chapter.)

19. The agricultural or fishing work may be permanent but the
    interviewer has specific reason to believe that the worker does not
    intend to perform the tasks indefinitely (e.g., the worker states
    that he plans to leave the job after four months).

### K3. May work that is available year-round be considered temporary? {#k3.-may-work-that-is-available-year-round-be-considered-temporary .unnumbered}

Yes. Employment that is available on a year-round basis may be
considered temporary if working conditions or periods of slack demand
make it unlikely that a worker will remain at the job permanently. In
this case, the SEA should document the reasons that the work is
considered temporary so that an auditor or independent reviewer may
understand the basis for the eligibility determination.

### K4. What is seasonal employment? {#k4.-what-is-seasonal-employment .unnumbered}

Seasonal employment is employment that is dependent on natural cycles.
Planting, cultivating, pruning, harvesting, and related food processing
are seasonal activities in agriculture. Planting and harvesting clams
and oysters, fishing during seasonal runs of fish, and related food
processing are seasonal activities in commercial fishing.

## Industrial Surveys

### L1. What is an industrial survey? {#l1.-what-is-an-industrial-survey .unnumbered}

An industrial survey is an alternate way to establish that work that is
available year-round is "temporary" for purposes of the MEP because of a
high degree of turn over, frequent layoffs without pay, or few or no
opportunities for permanent full-time employment. An industrial survey
may only be used for specific job categories in which workers are
engaged in qualifying work. Furthermore, SEAs may only rely on an
industrial survey if the survey meets all of the requirements in this
section.

### L2. Why would an SEA conduct an industrial survey? {#l2.-why-would-an-sea-conduct-an-industrial-survey .unnumbered}

An SEA conducts an industrial survey for administrative convenience. The
industrial survey allows the SEA to classify an entire job category with
a particular employer as temporary, rather than making that
determination individually, worker by worker.

###  L3. How does an SEA conduct an industrial survey? {#l3.-how-does-an-sea-conduct-an-industrial-survey .unnumbered}

The SEA should complete the following steps in conducting an industrial
survey:

1.  Identify the agricultural and fishing employers who employ workers
    on a permanent basis but whose jobs may be deemed temporary due to
    high turn over rates (e.g., farms, companies, or processing plants).

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20. Identify the location of the farm, company, or processing plant.

21. Contact the employer to determine what specific job categories
    constitute qualifying work.

22. Obtain data from the employer on turn over rates for each job
    category. (See Question L10 below on how to calculate turn over
    rates.)

23. Analyze the data to determine if the turnover rate is sufficiently
    high for the job to be considered temporary.

24. Prepare a summary report that documents the process of the
    industrial survey and the findings regarding each job category.

25. Review and approve the industrial survey.

### L4. What information should the SEA record in the summary report of the industrial survey? {#l4.-what-information-should-the-sea-record-in-the-summary-report-of-the-industrial-survey .unnumbered}

The report should contain the following information:

1.  Industry being surveyed (e.g., beef processing).

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26. Individual employer (e.g., Beef Packers, Inc.).

27. Location of the workplace (e.g., Anytown, Iowa).

28. Description of unique characteristics that might affect employee
    turnover (e.g., size, working conditions, hours, management).

29. Job category data:

    a.  the specific job category (e.g., slaughtering, rendering,
        deboning);

    b.  number of employees in the job category;

    c.  the turnover rate in the job category.

30. Description of how the turnover rate was calculated, including the
    12-month period on which the calculation was based.

31. Description of how turnover information was obtained (e.g., the
    employer provided a computer printout of employment statistics).

32. The date the survey was conducted, the survey's expiration date, and
    pertinent explanatory comments (e.g., how precise and credible the
    information is believed to be).

33. The preparer's signature, title, and date.

34. The signature, title, and date of the reviewer at the SEA level.

### L5. Do the results of an industrial survey apply to all jobs in a particular plant? {#l5.-do-the-results-of-an-industrial-survey-apply-to-all-jobs-in-a-particular-plant .unnumbered}

No. The results of an industrial survey apply only to those jobs
included in the survey that have sufficiently high turnover rates.

### L6. Should an SEA collect separate employment information for different job categories (e.g., pluckers versus packers at a chicken processing plant)?  {#l6.-should-an-sea-collect-separate-employment-information-for-different-job-categories-e.g.-pluckers-versus-packers-at-a-chicken-processing-plant .unnumbered}

Yes. An SEA must determine the turnover rate for each job category in
order to classify the work as temporary.

### L7. Should the SEA record how it obtained the information for the survey from the employer?  {#l7.-should-the-sea-record-how-it-obtained-the-information-for-the-survey-from-the-employer .unnumbered}

Yes. The SEA should record how it obtained the information for the
survey. For example: (1) the interviewer examined individual employment
records; (2) the employer summarized information from the employment
records orally or through a computerized data base; or (3) the employer
supplied oral information based on his or her memory of who was
employed. If employment records are not available for the interviewer to
review, the interviewer should comment on whether he or she has reason
to believe that the information is reliable. The interviewer should
certify that he or she obtained the information from the employer and
that it is accurate to the best of the interviewer\'s knowledge and
belief.

### L8. How high must the turnover rate be to consider the work temporary? {#l8.-how-high-must-the-turnover-rate-be-to-consider-the-work-temporary .unnumbered}

As a rule of thumb, a 50 percent turnover rate in a 12-month period is a
sufficiently high turnover rate to consider work temporary.

### L9. If there are differences in turnover rates among job categories (e.g., pluckers have an 85 percent annual turnover rate and packers have a 45 percent annual turnover rate), may an SEA collapse job categories into a general category (e.g., chicken processing) if the annual turnover rate remains above 50 percent?  {#l9.-if-there-are-differences-in-turnover-rates-among-job-categories-e.g.-pluckers-have-an-85-percent-annual-turnover-rate-and-packers-have-a-45-percent-annual-turnover-rate-may-an-sea-collapse-job-categories-into-a-general-category-e.g.-chicken-processing-if-the-annual-turnover-rate-remains-above-50-percent .unnumbered}

No. If such differences exist, the SEA must stratify the sample to
differentiate between turnover rates among the job categories. The
purpose of the industrial survey is to identify, by job category,
specific jobs that may be considered temporary.

### L10. How should the SEA calculate the turnover rate for a specific job category? {#l10.-how-should-the-sea-calculate-the-turnover-rate-for-a-specific-job-category .unnumbered}

Turnover rates should be calculated by: (1) dividing the average number
of days employed per employee by the total number of days in the survey
period; (2) subtracting that amount from one; and (3) multiplying the
result by 100 percent. That is:

Turnover Rate = \[1-- \[(Total \# Days Employed Across Workers in a
Specific Job) / (Total \# of Workers Employed in a Specific Job) /
(Total Days in Period)\]\] X 100 percent

The following example demonstrates how the formula works:

WORKER DAYS EMPLOYED (Out of 365)

Worker #1 95

Worker #2 180

Worker #3 160

Worker #4 20

Worker #5 365

**TOTAL WORKERS = 5**

**TOTAL DAYS EMPLOYED = 820**

The turnover rate should be calculated as:

Turnover Rate = \[1 -- \[(Total Days Employed in a Specific Job) /
(Total Workers Employed in a Specific Job) / 365\]\] X 100

Turnover Rate = 1 -- (820/5) / 365

Turnover Rate = 1 -- (164/365)

Turnover Rate = 1 -- .45

Turnover Rate = .55

Turnover Rate = 55 percent

### L11. Should the turnover rate calculation include workers employed on a temporary or seasonal basis in a specific job category? {#l11.-should-the-turnover-rate-calculation-include-workers-employed-on-a-temporary-or-seasonal-basis-in-a-specific-job-category .unnumbered}

No. The purpose of the industrial survey is to classify year-round work
as temporary. Therefore the industrial survey should only include those
workers who work in a specific job category on a year-round basis. For
example, if the industrial survey is of workers who package poultry at a
processing plant, the turnover rate calculation should not include those
temporary workers who the plant hires around Thanksgiving and Christmas
to help with extra turkey production. If the SEA included temporary or
seasonal workers in the turnover rate calculation, the turnover rate
would not be an accurate reflection of those workers employed in
specific job categories on a year-round basis.

### L12. How often should an SEA conduct industrial review? {#l12.-how-often-should-an-sea-conduct-industrial-review .unnumbered}

An SEA should conduct a new survey at least once every two years in
order to keep accurate and current evidence of turnover rates.

**L13. Does an industrial survey determine MEP eligibility?**

No. The industrial survey only classifies year-round work as temporary.
The recruiter still needs to interview the family of each child to
determine whether the work is a principal means of livelihood, whether
the family made a qualifying move, and whether the children otherwise
meet the definition of "migratory child." For example, a worker engaged
in a job deemed temporary through an industrial survey might not have
moved across school district lines. In this case, even though the worker
is engaged in qualifying work, the worker did not make a qualifying move
and so the family is not eligible.

### L14. What if an employer will not give MEP personnel access to information in order to conduct an industrial survey? {#l14.-what-if-an-employer-will-not-give-mep-personnel-access-to-information-in-order-to-conduct-an-industrial-survey .unnumbered}

An industrial survey is an *alternate* means of establishing that work
that is available year-round may, in fact, be temporary because of the
high turnover rates in specific job categories. If an employer refuses
to cooperate with MEP personnel in conducting an industrial survey, the
SEA should determine the eligibility of those workers and their families
on an individual basis.

### L15. If a worker claims to have moved across school district lines to seek employment that is not temporary or seasonal (i.e., year-round employment), but the worker is employed in a job category with an annual turnover rate which exceeds 50 percent (based on the results of an industrial survey), is the worker eligible?  {#l15.-if-a-worker-claims-to-have-moved-across-school-district-lines-to-seek-employment-that-is-not-temporary-or-seasonal-i.e.-year-round-employment-but-the-worker-is-employed-in-a-job-category-with-an-annual-turnover-rate-which-exceeds-50-percent-based-on-the-results-of-an-industrial-survey-is-the-worker-eligible .unnumbered}

It depends. The general rule is that a worker and his family are
eligible for the MEP only if the worker moved with the intent to seek or
obtain temporary or seasonal work in agriculture or fishing. If a worker
moved with the intent to find year-round work that the SEA determines is
temporary through an industrial survey, the worker may be eligible for
the MEP even though he did not move with the requisite intent to find
temporary work. An industrial survey permits anyone who works in a
surveyed occupation to be viewed as a temporary worker. This is the only
exception to this rule.

One caveat to this exception is if this is the family's first move for
agricultural or fishing work in the United States. In such case, there
is a presumption that the family moved to relocate permanently and,
therefore, are *not* eligible for the MEP (see question below). However,
if the recruiter finds credible evidence that the worker's intent was
not to relocate permanently, the recruiter should document the basis for
this determination and may deem the family eligible for the MEP
(assuming they meet all of the other eligibility requirements).

### L16. If a worker moved with the intent to relocate permanently and the worker is employed in a job category that is deemed temporary through an industrial survey, is the worker eligible? {#l16.-if-a-worker-moved-with-the-intent-to-relocate-permanently-and-the-worker-is-employed-in-a-job-category-that-is-deemed-temporary-through-an-industrial-survey-is-the-worker-eligible .unnumbered}

If the primary purpose of the worker's move was to relocate permanently,
the worker and his family are not eligible for the MEP, even if the
worker is engaged in work that is considered temporary. (See Question D6
of this chapter.)

##### Sampling  {#sampling .unnumbered}

### L17. May SEAs survey a random sample of comparable workplaces instead of looking at all workplaces?  {#l17.-may-seas-survey-a-random-sample-of-comparable-workplaces-instead-of-looking-at-all-workplaces .unnumbered}

Yes. SEAs may use sample comparable workplaces to conduct an industrial
survey more efficiently. However, the sample must be of sufficient size;
it must be randomly selected; and it must be of specific job categories
in comparable workplaces. SEAs that choose to do sampling should seek
appropriate technical assistance to design a valid sample for the
survey.

### L18. What are "comparable workplaces"? {#l18.-what-are-comparable-workplaces .unnumbered}

Comparable workplaces are places that exhibit common characteristics.
These characteristics may include: type of product, size, location, type
of management, employment conditions (e.g., unionized versus at-will),
wages and benefits, types of jobs, and employee characteristics. These
similarities may result in comparable turnover rates among workers
employed by those workplaces.

### L19. How may the SEA maintain the integrity of the sample if employers who are selected to be part of the sample refuse to participate in the survey?  {#l19.-how-may-the-sea-maintain-the-integrity-of-the-sample-if-employers-who-are-selected-to-be-part-of-the-sample-refuse-to-participate-in-the-survey .unnumbered}

The sampling design should include procedures for sampling with
replacement (i.e., substituting with comparable survey respondents when
necessary). However, SEAs should not use sampling if a significant
number of employers refuse to participate, as this may result in a
biased sample.

### L20. If an employer refuses to be part of a sample, may the children of workers at that site be considered eligible for program services based on the results of the surveys performed at sampled sites?  {#l20.-if-an-employer-refuses-to-be-part-of-a-sample-may-the-children-of-workers-at-that-site-be-considered-eligible-for-program-services-based-on-the-results-of-the-surveys-performed-at-sampled-sites .unnumbered}

Yes. The children of workers at that site may be considered eligible if:
(1) the SEA determines that the employer\'s work site is comparable to
those in the industrial survey; and (2) the SEA uses adequate sampling
replacement procedures. (Note: The employer who refused to be part of
the sample would have to release data regarding the types of jobs in the
plant in order for the SEA to determine that the site is comparable to
those in the sample.)

### L21. Do each of the sampled sites have to demonstrate a 50 percent turnover rate in a 12 month period in the specific job categories in order to generalize the results to all comparable workplaces? {#l21.-do-each-of-the-sampled-sites-have-to-demonstrate-a-50-percent-turnover-rate-in-a-12-month-period-in-the-specific-job-categories-in-order-to-generalize-the-results-to-all-comparable-workplaces .unnumbered}

Yes. Each worksite in the sample must demonstrate at least a 50 percent
turnover rate in the specific job category in order for the surveyor to
generalize the results of the sample to comparable workplaces.
Otherwise, the SEA should survey the worksites individually.

**L22. Why does each of the sampled sites have to demonstrate at least a
50 percent turnover rate in a 12 month period?**

Taking an average percentage of the turnover rate may mask significant
differences between turnover rates in the same jobs. For example, a
chicken plucker may have a 90 turnover rate in Plant A and a 10 percent
turnover rate in Plant B. The average of these rates (50 percent) would
mask the low turnover rate in Plant B. Therefore, a 50 percent turnover
rate is the fixed threshold that all sampled sites must meet.

##### Quality Control for Industrial Surveys {#quality-control-for-industrial-surveys .unnumbered}

### L23. What is an acceptable system of quality control for conducting industrial surveys? {#l23.-what-is-an-acceptable-system-of-quality-control-for-conducting-industrial-surveys .unnumbered}

The SEA should have a system of quality control that contains at least
the following elements:

1.  A process to validate data collection instruments and procedures.

```{=html}
<!-- -->
```
35. A process to review sampling procedures, if appropriate.

36. A training program for interviewers on various aspects of conducting
    industrial surveys, including:

    a.  Conducting informational interviews with employers;

    b.  Procedures for maintaining source documentation (e.g., computer
        printouts, survey forms, interview notes);

    c.  Determining turnover rates;

    d.  Preparing the summary report; and

    e.  Recognizing situations that require additional narrative or
        documentation beyond what is normally recorded in the report.

37. A review process to certify that the information contained in the
    report is accurate, complete, and consistent. This includes:

    a.  Monitoring the practices and procedures used by interviewers;

    b.  Verifying that data were compiled accurately;

    c.  Determining whether the data are credible and eliminating data
        judged not to be credible for the analysis;

    d.  Cross-checking individual mathematical calculations; and

    e.  Evaluating the basic formula and procedures used to calculate
        the turnover rate.

```{=html}
<!-- -->
```
5.  A formal process to resolve questions raised by interviewers and
    supervisors that transmits responses to all local operating agencies
    in written form.

### L24. What documentation should the SEA maintain regarding the industrial survey? {#l24.-what-documentation-should-the-sea-maintain-regarding-the-industrial-survey .unnumbered}

The SEA should maintain a copy of the summary report and documentation
of its quality control procedures and how it has implemented them. The
SEA should also maintain the source documentation for the industrial
survey, consistent with the State's record retention requirements.

### L25. For purposes of quality control, must the SEA record names of individual employees in its report?  {#l25.-for-purposes-of-quality-control-must-the-sea-record-names-of-individual-employees-in-its-report .unnumbered}

No. While the SEA should encourage employers to let interviewers record,
or at least review, the names and length of employment of individual
employees, the SEA cannot compel employers to provide this information.
If the SEA reviews individual employment records, it should assure the
employer it will keep the information confidential.

## Documenting Eligibility

### M1. What is a certificate of eligibility (COE)? {#m1.-what-is-a-certificate-of-eligibility-coe .unnumbered}

A COE is a form most States use to document MEP eligibility
determinations. (See page 38 for a sample COE.)

### M2. What responsibility does an SEA have to document eligibility determinations? {#m2.-what-responsibility-does-an-sea-have-to-document-eligibility-determinations .unnumbered}

An SEA must document eligibility determinations in order to comply with
section 9304(a)(6) of the statute, which requires SEAs that submit a
consolidated application to \"maintain such records, provide such
information to the Secretary, and afford such access to the records as
the Secretary may find necessary to carry out the Secretary\'s duties.\"
\[Note: All SEAs have included the MEP in their consolidated
applications.\] One of the Secretary\'s duties is to allocate MEP funds
properly. In order to do so, SEAs must submit accurate child counts of
eligible children to the Secretary and must keep records of these
eligibility determinations in order to verify that the counts are
correct.

Furthermore, section 76.731 of the regulations requires SEAs to keep
records that show that they are in compliance with program requirements.
SEAs must maintain documentation of eligibility determinations to
demonstrate that the SEA served only children who met the definition of
"migratory child" in section 1309(2) of the statute and section 200.81
of the regulations. Also, section 80.40 of EDGAR requires SEAs to
monitor day-to-day operations of their subgrantees. The only way for
SEAs to monitor subgrantees effectively is to review records of
eligibility determinations to verify that the subgrantee is
administering the MEP in accordance with the law.

### M3. Is a COE the only way to document eligibility?  {#m3.-is-a-coe-the-only-way-to-document-eligibility .unnumbered}

No. SEAs may choose any reasonable method to document the eligibility of
migrant children. However, a COE is the most common form SEAs use.

### M4. What are the minimum requirements of a COE? {#m4.-what-are-the-minimum-requirements-of-a-coe .unnumbered}

At a minimum, a COE should include: the child's name and date of birth,
the child's eligibility data, and the recruiter's signature certifying
that the family is eligible based on the information provided. (See page
38 for a sample COE. The sample COE contains information that is
typically collected but that is not necessarily required to make
eligibility determinations.)

### M5. When should a recruiter provide additional comments on the COE? {#m5.-when-should-a-recruiter-provide-additional-comments-on-the-coe .unnumbered}

A recruiter should provide additional comments on the COE when
circumstances require the recruiter to explain why he or she found a
particular child to be eligible for the MEP. This allows an independent
reviewer to understand the recruiter's rationale for the eligibility
determination in situations where it may not be clear. The following are
some of the circumstances that may require further explanation on the
COE:

-   The household is supported, at least in part, by
    nonagricultural/nonfishing work, but the qualifying work is a
    principal means of livelihood.

-   The eligibility determination is based on the agricultural or
    fishing activity as the worker's "principal means of personal
    subsistence."

-   A \"move\" is of such brief duration or of such a short distance (or
    both) that one could question whether any migration has occurred
    (e.g., intra-city or intra-town move that is across school district
    boundaries).

-   The worker asserts more than one reason for the move.

-   The worker did not obtain qualifying employment as a result of the
    move.

-   The qualifying move is from a country *other* than Mexico or Canada
    to a first place of residence in the United States.

-   The length of time between "to join" moves is longer than 3 months.

-   The work is unusual enough that an independent reviewer is unlikely
    to understand that it is a qualifying activity.

-   The work could be part of a \"series of activities\" that, viewed
    together, would constitute year-round employment (e.g., mending
    fences and haying could be two parts of year-round ranching with one
    employer).

-   The work may be viewed by an independent reviewer as either
    temporary or year-round employment (e.g., collecting eggs or milking
    cows).

-   The eligibility determination is based on the findings of an
    industrial survey.

### M6. How extensive do the comments need to be? {#m6.-how-extensive-do-the-comments-need-to-be .unnumbered}

The additional comments must be sufficient to explain the circumstances
that led the recruiter to believe that the child was eligible in those
cases where standard information might not clearly establish the
child\'s eligibility. The recruiter may prepare his or her statement in
the manner that the SEA specifies. In providing guidance to recruiters,
the SEA should stress that recruiters use reasonable judgment and
document the basis for their decision that a child is eligible, so that
auditors and others who may review the COE at a later date will
understand the circumstances that led the recruiter to this conclusion.

**M7. When should a recruiter complete a new COE?**

A recruiter should complete a new COE when the child makes a new
qualifying move.

### M8. Must the parent or guardian sign the COE? {#m8.-must-the-parent-or-guardian-sign-the-coe .unnumbered}

No. However, the SEA should encourage this practice for the following
reasons: (1) a signature allows the parent or guardian to attest that
the information he or she provided is accurate (which promotes quality
control); (2) a parent signature identifies who provided the information
so that the SEA can verify it at a later date, if necessary; and (3) a
parent signature may be used to confirm that the recruiter informed the
parent or guardian about the MEP and, if applicable, about his or her
rights regarding the transfer of school records under the Family
Educational Rights & Privacy Act (FERPA). (See Question M11 of this
chapter for an explanation of FERPA.)

###  M9. Should the recruiter sign the COE? {#m9.-should-the-recruiter-sign-the-coe .unnumbered}

Yes. The recruiter\'s signature certifies that: (1) the children are
eligible for the MEP; (2) the information upon which the recruiter based
the eligibility determination is correct to the best of his or her
knowledge; (3) the parent or guardian agrees to allow the child to
participate in the MEP for the duration of the eligibility period,
unless permission is withdrawn; and (4) the recruiter informed the
parent or guardian about FERPA. The recruiter's signature on the COE is
a necessary element of a reasonable system of quality control.

**M10. Should someone else review the information on the COE?**

Yes. As part of a sound system of quality control, the SEA should ensure
that a qualified individual (either at the State, regional, or local
level) reviews each COE to verify that the information supports a proper
determination of eligibility. (See Question A13 in Chapter III --
"Identification and Recruitment.") This person should sign or initial
the COE to indicate that this level of review has occurred.

### M11. Is the parent's signature on the COE necessary for MEP personnel outside the student's school district to access student records? {#m11.-is-the-parents-signature-on-the-coe-necessary-for-mep-personnel-outside-the-students-school-district-to-access-student-records .unnumbered}

No. Although FERPA generally provides that parents must authorize
disclosure of identifiable information from a student\'s educational
records, FERPA provides certain exceptions to this rule. (See 34 CFR
99.31.) Some circumstances in which parental authorization is *not*
required include:

-   The disclosure is to other school officials, including teachers,
    within the program whom the program has determined to have
    legitimate educational interests.

-   The disclosure is to officials of another school, school system, or
    institution of postsecondary education where the student seeks or
    intends to enroll. \[Note: This exception is subject to the
    conditions in 34 CFR 99.34.\]

-   The disclosure is to authorized representatives of State and local
    educational agencies for purposes of an audit or for the enforcement
    of or compliance with Federal legal requirements that relate to the
    program.

-   The disclosure is to comply with a judicial order or lawfully issued
    subpoena.

<table>
<colgroup>
<col style="width: 7%" />
<col style="width: 13%" />
<col style="width: 10%" />
<col style="width: 2%" />
<col style="width: 4%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 6%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 8%" />
<col style="width: 2%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 9%" />
<col style="width: 9%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="3"><h2
id="school-district-_______________________________________">School
District: _______________________________________</h2></td>
<td colspan="8"><h2 id="sample-certificate-of-eligibility-coe">SAMPLE
Certificate of Eligibility (COE)</h2></td>
<td colspan="5"><h2
id="family-record-number-____________________">Family Record Number:
____________________</h2></td>
</tr>
<tr class="even">
<td colspan="16"><h2 id="section"></h2></td>
</tr>
<tr class="odd">
<td colspan="16"><h2 id="i.-family-data">I. FAMILY DATA</h2></td>
</tr>
<tr class="even">
<td colspan="8"><h2
id="legal-male-parent-last-name-first-____________________________________________________">Legal
Male Parent (Last name, First):
____________________________________________________</h2></td>
<td colspan="8"><h2
id="legal-female-parent-last-name-first-__________________________________________________">Legal
Female Parent (Last name, First):
__________________________________________________</h2></td>
</tr>
<tr class="odd">
<td colspan="8"><h2
id="current-male-parent-if-different-from-legal-________________________________________________">Current
Male Parent, if different from legal:
________________________________________________</h2></td>
<td colspan="8"><h2
id="current-female-parent-if-different-from-legal-______________________________________________">Current
Female Parent, if different from legal:
______________________________________________</h2></td>
</tr>
<tr class="even">
<td colspan="16"><h2
id="current-address-____________________________________________________________________-city_______________________-state______-zip__________-telephone-_________________________">Current
Address:
____________________________________________________________________
City:_______________________ State:______ Zip:__________ Telephone:
(_______)__________________</h2></td>
</tr>
<tr class="odd">
<td colspan="16"><h2
id="homebase-address-______________________-city_______________________-state______-zip__________-telephone-_________________________-homebase-district-___________________________">Homebase
Address: ______________________ City:_______________________
State:______ Zip:__________ Telephone: (_______)__________________
Homebase District: ___________________________ </h2></td>
</tr>
<tr class="even">
<td colspan="16"><h2 id="section-1"></h2></td>
</tr>
<tr class="odd">
<td colspan="16"><h2 id="ii.-childschool-data">II. CHILD/SCHOOL
DATA</h2></td>
</tr>
<tr class="even">
<td colspan="16"><h2
id="the-children-listed-below-arrived-in-the-present-school-district-________________________________________-on-_________________________-from-__________________________________________________.">The
child(ren) listed below arrived in the present school district,
________________________________________, on _________________________
from __________________________________________________.</h2>
<p>Name of School District Residency Date (Month, Day, Year) City,
State, Country</p></td>
</tr>
<tr class="odd">
<td>Student Record No.</td>
<td>Last Name</td>
<td colspan="2">First Name</td>
<td>Middle Initial</td>
<td>Sex</td>
<td>Ethnicity</td>
<td colspan="2">Date of Birth</td>
<td>Verification</td>
<td colspan="2">Birthplace</td>
<td>School</td>
<td>Grade</td>
<td>Enrollment Date</td>
<td>Education Interruption</td>
</tr>
<tr class="even">
<td><h2 id="section-2"></h2></td>
<td><h2 id="section-3"></h2></td>
<td colspan="2"><h2 id="section-4"></h2></td>
<td><h2 id="section-5"></h2></td>
<td><h2 id="section-6"></h2></td>
<td><h2 id="section-7"></h2></td>
<td colspan="2"><h2 id="section-8"></h2></td>
<td><h2 id="section-9"></h2></td>
<td colspan="2"><h2 id="section-10"></h2></td>
<td><h2 id="section-11"></h2></td>
<td><h2 id="section-12"></h2></td>
<td><h2 id="section-13"></h2></td>
<td><h2 id="section-14"></h2></td>
</tr>
<tr class="odd">
<td><h2 id="section-15"></h2></td>
<td><h2 id="section-16"></h2></td>
<td colspan="2"><h2 id="section-17"></h2></td>
<td><h2 id="section-18"></h2></td>
<td><h2 id="section-19"></h2></td>
<td><h2 id="section-20"></h2></td>
<td colspan="2"><h2 id="section-21"></h2></td>
<td><h2 id="section-22"></h2></td>
<td colspan="2"><h2 id="section-23"></h2></td>
<td><h2 id="section-24"></h2></td>
<td><h2 id="section-25"></h2></td>
<td><h2 id="section-26"></h2></td>
<td><h2 id="section-27"></h2></td>
</tr>
<tr class="even">
<td><h2 id="section-28"></h2></td>
<td><h2 id="section-29"></h2></td>
<td colspan="2"><h2 id="section-30"></h2></td>
<td><h2 id="section-31"></h2></td>
<td><h2 id="section-32"></h2></td>
<td><h2 id="section-33"></h2></td>
<td colspan="2"><h2 id="section-34"></h2></td>
<td><h2 id="section-35"></h2></td>
<td colspan="2"><h2 id="section-36"></h2></td>
<td><h2 id="section-37"></h2></td>
<td><h2 id="section-38"></h2></td>
<td><h2 id="section-39"></h2></td>
<td><h2 id="section-40"></h2></td>
</tr>
<tr class="odd">
<td><h2 id="section-41"></h2></td>
<td><h2 id="section-42"></h2></td>
<td colspan="2"><h2 id="section-43"></h2></td>
<td><h2 id="section-44"></h2></td>
<td><h2 id="section-45"></h2></td>
<td><h2 id="section-46"></h2></td>
<td colspan="2"><h2 id="section-47"></h2></td>
<td><h2 id="section-48"></h2></td>
<td colspan="2"><h2 id="section-49"></h2></td>
<td><h2 id="section-50"></h2></td>
<td><h2 id="section-51"></h2></td>
<td><h2 id="section-52"></h2></td>
<td><h2 id="section-53"></h2></td>
</tr>
<tr class="even">
<td><h2 id="section-54"></h2></td>
<td><h2 id="section-55"></h2></td>
<td colspan="2"><h2 id="section-56"></h2></td>
<td><h2 id="section-57"></h2></td>
<td><h2 id="section-58"></h2></td>
<td><h2 id="section-59"></h2></td>
<td colspan="2"><h2 id="section-60"></h2></td>
<td><h2 id="section-61"></h2></td>
<td colspan="2"><h2 id="section-62"></h2></td>
<td><h2 id="section-63"></h2></td>
<td><h2 id="section-64"></h2></td>
<td><h2 id="section-65"></h2></td>
<td><h2 id="section-66"></h2></td>
</tr>
<tr class="odd">
<td colspan="16"></td>
</tr>
<tr class="even">
<td colspan="16"><h2 id="iii.-eligibility-data">III. ELIGIBILITY
DATA</h2></td>
</tr>
<tr class="odd">
<td colspan="16"><h2
id="the-children-listed-above-made-a-qualifying-move-from-__________________________________________________-to-______________________________________-on-_______________________________.">The
child(ren) listed above made a qualifying move from
__________________________________________________ to
______________________________________ on
_______________________________. </h2>
<p>School District/City/State/Country School District/City/State
Qualifying Arrival Date (Month, Day, Year)</p></td>
</tr>
<tr class="even">
<td colspan="16"><h2
id="the-children-moved-on-own-as-a-worker-or-with-to-join-____________________________-parent-guardian-spouse-other-family-member-__________________________-to-enable-the-worker">The
child(ren) moved  on own (as a worker), or  with  to join:
____________________________  parent  guardian  spouse  other family
member: __________________________ to enable the worker,</h2>
<p>(mark one) First and Last Name of Worker (mark one) Relationship (if
other family member)</p></td>
</tr>
<tr class="odd">
<td colspan="16"><h2
id="to-obtain-seek-temporary-seasonal-employment-in-agriculture-fishing-____________________________.-a-current-industrial-survey-is-used-to-support-the-temporary-nature-of-the-work-yes-no.">to
 obtain  seek |  temporary  seasonal employment | in  agriculture 
fishing ____________________________. A current industrial survey is
used to support the “temporary” nature of the work  yes  no.</h2>
<p>(mark one) (mark one) (mark one) Qualifying Activity (mark
one)</p></td>
</tr>
<tr class="even">
<td colspan="16"><h2
id="the-qualifying-activity-is-determined-to-play-an-important-part-in-providing-a-living-for-the-worker-and-hisher-family-because-__________________________________________________________________________.">The
qualifying activity is determined to play an important part in providing
a living for the worker and his/her family because:
__________________________________________________________________________.</h2></td>
</tr>
<tr class="odd">
<td colspan="16"><h2
id="comments-additional-comments-attached."><u>Comments</u>: 
Additional comments attached.</h2>
<h2 id="section-67"></h2>
<h2 id="section-68"></h2></td>
</tr>
<tr class="even">
<td colspan="9"><h2 id="iv.-parentguardian-consent">IV. PARENT/GUARDIAN
CONSENT</h2></td>
<td colspan="7"><h2 id="v.-eligibility-data-certification">V.
ELIGIBILITY DATA CERTIFICATION</h2></td>
</tr>
<tr class="odd">
<td colspan="9">The rules for migrant eligibility, services, student
record transfer, and the Family Educational Rights and Privacy Act
(FERPA) have been explained to me. I hereby authorize this school
district and the State Educational Agency to release, transfer, and/or
receive my child’s education and health records, including immunization
records and standardized test results, to/from other school districts,
educational agencies, and other pertinent agencies. In order to
potentially qualify for more educational, health, or social services, I
further consent that student/family information, otherwise confidential
under the provisions of FERPA, may be shared with organizations that
provide services under the aegis of the following: the projects of the
State Migrant Education Program (MEP), the College Assistance Migrant
Program (CAMP), the High School Equivalency Program (HEP), the Migrant
Education Even Start Program (MEES), child nutrition programs, and
[INSERT OTHER PROGRAMS WITH WHOM SEA MAY WANT TO SHARE THESE
RECORDS].</td>
<td colspan="7" rowspan="3"><p>I certify that these students are
eligible for MEP services based on the information provided herein.
Based on the interview, I have determined that the qualifying work is an
important part of providing a living for the worker and his/her family
in accordance with the Principal Means of Livelihood (PMOL) requirement.
I hereby certify that, to the best of my knowledge, the information is
true, reliable, and valid. Any false statement provided herein is
subject to fine or imprisonment pursuant to 18 U.S.C. 1001.</p>
<p>________________________________________________________________________
______________________________</p>
<p>Signature of Interviewer Date (Month, Day, Year)</p>
<p>________________________________________________________________________
______________________________</p>
<p>Signature of Reviewer Date (Month, Day, Year)</p></td>
</tr>
<tr class="even">
<td colspan="9"
rowspan="2"><p>______________________________________________________
_______________________ __________________________</p>
<p>Signature Relationship Date (Month, Day, Year)</p></td>
</tr>
<tr class="odd">
</tr>
</tbody>
</table>

# IDENTIFICATION AND RECRUITMENT

Finding and enrolling eligible migrant children is a cornerstone of the
MEP and its importance cannot be overemphasized. Identification and
recruitment are critical activities because:

-   The children who are most in need of program services are often
    those who are the most difficult to find.

-   Many migrant children would not fully benefit from school, and in
    some cases would not attend school at all, if SEAs did not identify
    and recruit them into the MEP. This is particularly true of the most
    mobile migrant children who may be more difficult to identify than
    those who have settled in a community.

-   Children cannot receive MEP services without a record of
    eligibility.

The SEA is responsible for the proper and timely identification and
recruitment of all eligible migrant children in the State, including
securing pertinent information to document the basis of a child\'s
eligibility. Typically, SEAs or their local operating agencies record
eligibility data on a Certificate of Eligibility (COE). Recruiters
obtain the data by interviewing the person responsible for the child, or
the child him or herself, in cases where the child moves on his or her
own. The SEA is responsible for implementing procedures to ensure the
accuracy of eligibility information.

This chapter addresses the ways in which SEAs and local operating
agencies may meet their responsibility to identify and recruit all
eligible migrant children in the State. Related issues about how
children are determined to be eligible for the MEP are addressed in
Chapter II--"Child Eligibility."

#### Statutory Requirements:  {#statutory-requirements-2 .unnumbered}

Sections 1304(c)(7) and 1309(2) of Title I, Part C

#### Regulatory Requirements: {#regulatory-requirements-2 .unnumbered}

34 CFR 200.81

### A1. What do the terms \"identification" and "recruitment\" (ID&R) mean? {#a1.-what-do-the-terms-identification-and-recruitment-idr-mean .unnumbered}

*Identification* means determining the location and presence of migrant
children.

*Recruitment* means making contact with migrant families, explaining the
MEP, securing the necessary information to make a determination that the
child is eligible for the MEP, and recording the basis of the child\'s
eligibility on a COE or like form. Upon successful recruitment of a
migrant family, eligible children may be enrolled in the MEP. (See
Questions M1 through M11 in Chapter II -- "Child Eligibility" for more
information on COEs.)

### A2. Why is ID&R a unique and important aspect of the MEP?  {#a2.-why-is-idr-a-unique-and-important-aspect-of-the-mep .unnumbered}

The majority of migrant children would not fully benefit from the
educational services to which they are entitled and, in some cases,
would not attend school at all if SEAs did not identify and recruit them
into the MEP. This is particularly true of the most mobile migrant
children, who are the most difficult to locate.

### A3. Who is responsible for ID&R? {#a3.-who-is-responsible-for-idr .unnumbered}

Under section 1304(c)(7) of the statute, the SEA is responsible for
identifying and recruiting all eligible migrant children residing in the
State.

### A4. What are the SEA's statewide responsibilities for ID&R? {#a4.-what-are-the-seas-statewide-responsibilities-for-idr .unnumbered}

In implementing an active statewide ID&R process, the SEA should:

-   Implement a formal process to map all of the areas within the State
    where migrant families are likely to reside.

-   Develop procedures to effectively identify and recruit all eligible
    migrant children in the State, generally through a statewide
    recruitment plan.

-   Train and guide recruiters on how to identify and recruit migrant
    children and how to make appropriate eligibility determinations.

-   Deploy recruiters to carry out statewide identification and
    recruitment efforts and monitor their efforts.

-   Implement quality control procedures designed to ensure the
    reasonable accuracy of recruiters' eligibility determinations and
    written eligibility documentation.

-   Evaluate periodically the effectiveness of identification and
    recruitment efforts and revise procedures as needed.

### A5. What methods exist to identify all eligible migrant children in the State? {#a5.-what-methods-exist-to-identify-all-eligible-migrant-children-in-the-state .unnumbered}

The SEA should consider implementing the following strategies:

-   Identify and map the locations of agricultural and fishing areas
    throughout the State. The U.S. Departments of Agriculture, Labor,
    and Commerce, and the appropriate State offices (e.g., State
    employment office, county agricultural office, etc.) may assist in
    this process.

-   Obtain and maintain current information on the State\'s agricultural
    and fishing activities and determine: (1) areas of the State in
    which concentrations of migrant labor exist, and (2) peak employment
    periods. Growers, the State Office of Employment Security, and the
    U.S. Departments of Labor or Agriculture may assist in this effort.

-   Locate and maintain current lists of migrant housing in each area of
    the State. State and Federal Departments of Health and Human
    Services and Labor may have lists of migrant camps.

-   Develop and implement an identification and recruitment network by
    coordinating with organizations and agencies that provide services
    to migrant workers and their families. These include organizations
    such as farm worker unions, schools, legal aid agencies, social
    services offices, local businesses, local churches, Migrant Health
    offices, Workforce Investment Act (WIA) offices, Migrant Head Start
    offices, and Supplemental Federal Program for Women, Infants and
    Children (WIC) offices.

-   Conduct community surveys or industrial surveys to confirm the
    location and presence of migrant workers and their families.

After the SEA implements these methods, it should update its information
on the location of migrant children at least on an annual basis.

### A6. What procedures exist to recruit migrant children effectively?  {#a6.-what-procedures-exist-to-recruit-migrant-children-effectively .unnumbered}

The SEA should consider developing the following procedures for
effective recruitment:

-   Personnel -- The SEA should consider the number of recruiters that
    are necessary; the organizational structure for recruitment (e.g.,
    Should it be done on a statewide or regional basis? Should the
    recruiters work in teams or individually?); and the different
    languages that are necessary to communicate with the migrant
    population.

-   Eligibility Policy -- The SEA should develop a written policy
    regarding who is eligible for the MEP, consistent with the statutory
    and regulatory definition of "migratory child."

-   Data collection and documentation -- The SEA should have a system
    for documenting eligibility data on a COE or other written form.

### A7. Should the SEA make an effort to determine when a child leaves the State? {#a7.-should-the-sea-make-an-effort-to-determine-when-a-child-leaves-the-state .unnumbered}

Yes. To the extent feasible, the SEA should track the departure as well
as the arrival of migrant families in their State. This practice is
useful because: (1) it helps the SEA plan the program by determining an
accurate number of eligible migrant children in the State; (2) it allows
the SEA to initiate procedures for making pertinent records available
for transfer; and (3) it allows the SEA to notify the receiving State in
advance that the migrant child is en route.

### A8. What are the primary responsibilities of a recruiter? {#a8.-what-are-the-primary-responsibilities-of-a-recruiter .unnumbered}

A recruiter\'s primary responsibilities are: (1) to obtain information
provided by parents, guardians, and others regarding the child's
eligibility for the MEP; (2) to make determinations of eligibility; and
(3) to accurately and clearly record information that establishes that a
child is eligible for the MEP on a COE or like form. In every case, the
recruiter (not the individual interviewed) determines the child\'s
eligibility on the basis of the statute, regulations, and policies that
the SEA implements through formal procedures.

Because the SEA is responsible for all determinations of MEP
eligibility, the information that the recruiter records should be
specific enough to be understood by a knowledgeable independent
reviewer. For more information on what is appropriate to include in the
COE, please see Chapter II -- "Child Eligibility."

### A9. What qualities make a recruiter effective?  {#a9.-what-qualities-make-a-recruiter-effective .unnumbered}

The process of recruiting a migrant child by interviewing migrant
parents or guardians requires careful training, planning, cultural
sensitivity, knowledge of the MEP, and excellent communication skills.
In order to be effective, recruiters should have adequate knowledge of:

-   MEP eligibility requirements;

-   languages spoken by migrant workers;

-   local growers and fishing companies;

-   local agricultural and fishing production and processing activities;

-   cycles of seasonal employment and temporary employment;

-   the local school system, the services available for migrant children
    and their families, and the most effective strategies for recruiting
    within each school;

-   local roads and the locations of migrant labor camps and other
    migrant housing;

-   MEP services offered by the local operating agency; and

-   other agencies that may provide services to migrant workers and
    their families, such as Migrant Health, WIA, WIC, and Migrant Head
    start.

### A10. Is the SEA responsible for ensuring the accuracy of a recruiter\'s eligibility determinations?  {#a10.-is-the-sea-responsible-for-ensuring-the-accuracy-of-a-recruiters-eligibility-determinations .unnumbered}

Yes. The SEA and its local operating agencies are responsible for
ensuring the accuracy of the information used to determine each child's
eligibility for the MEP.

### A11. Why is the accuracy of eligibility determinations important? {#a11.-why-is-the-accuracy-of-eligibility-determinations-important .unnumbered}

The accuracy of a State\'s eligibility determinations is important both
for programmatic decisions regarding which children are eligible to
receive MEP services and for fiscal decisions about the size of the
State\'s MEP allocation.

### A12. How does the SEA ensure the accuracy of the information used to determine a child's eligibility for the MEP?  {#a12.-how-does-the-sea-ensure-the-accuracy-of-the-information-used-to-determine-a-childs-eligibility-for-the-mep .unnumbered}

The SEA should have a system of \"quality control\" to ensure that the
information used to determine eligibility is accurate. This system
provides the SEA and its local operating agencies a reasonable basis for
determining that the children who are recruited are, in fact, migrant
children and allows the SEA to demonstrate that it is entitled to
receive MEP funds.

### A13. What does the Department consider to be the components of an acceptable system of quality control at the SEA level?  {#a13.-what-does-the-department-consider-to-be-the-components-of-an-acceptable-system-of-quality-control-at-the-sea-level .unnumbered}

A quality control system should include at least the following
components:

1.  Training for recruiters on various aspects of the job;

```{=html}
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```
38. A designated reviewer for each COE to verify that, based on the
    recorded data, the child is eligible for MEP services;

39. A formal process for resolving eligibility questions raised by
    recruiters and their supervisors and for transmitting responses to
    all local operating agencies in written form;

40. A process for the SEA to validate that eligibility determinations
    were properly made;

41. Apart from steps 2 and 4, a plan for qualified SEA staff to monitor,
    at least annually, the identification and recruitment practices of
    individual recruiters;

42. Documentation that supports the SEA\'s implementation of this
    quality control system and a record of actions taken to improve the
    system where periodic reviews and evaluations indicate a need to do
    so; and

43. A process for implementing corrective action in response to internal
    audit findings and recommendations.

### A14. Should the SEA train recruiters as part of its system of quality control?  {#a14.-should-the-sea-train-recruiters-as-part-of-its-system-of-quality-control .unnumbered}

Yes. Training for recruiters should include, at a minimum:

1.  Knowledge of all MEP eligibility definitions;

```{=html}
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```
44. Understanding of the decision-making process that recruiters should
    use, consistent with Federal definitions and SEA-adopted procedures,
    to determine each child\'s eligibility for the MEP;

45. Knowledge of local agricultural and fishing production and
    processing activities;

46. Familiarity with local growers, processors, and fishing companies;

47. Skill in the use of studies of the State\'s agricultural and fishing
    industries, where available, as guides to determine whether
    particular employment activities are temporary;

48. Proficiency in accurately, completely, and clearly filling out all
    sections of the COE; and

49. Knowledge of the types of situations that need additional narrative
    or documentation beyond what is normally recorded on the COE to
    demonstrate that the children are eligible for the MEP.

### A15. Must the individual who reviews each completed COE (step 2 in Question A13) be a State official? {#a15.-must-the-individual-who-reviews-each-completed-coe-step-2-in-question-a13-be-a-state-official .unnumbered}

No. So long as the individual who performs this task is qualified and
understands the eligibility requirements, he or she need not be a State
official. However, the SEA remains ultimately responsible for ensuring
the accuracy of information on the COE. (See Question A10 of this
chapter.)

### A16. What is an acceptable process for validating eligibility determinations?  {#a16.-what-is-an-acceptable-process-for-validating-eligibility-determinations .unnumbered}

As a component of an acceptable quality control system, the SEA should
review eligibility determinations at least once annually. This process
should include:

1.  An examination by qualified individuals at the SEA level of a
    representative sample of COEs for sufficiency of the written
    documentation;

```{=html}
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```
50. A process for improvement, as needed, to eliminate the causes of
    common errors on COEs, such as not providing sufficient information
    to sustain an eligibility determination. This process should include
    a mechanism for communicating with reviewers and recruiters on a
    regular basis regarding these improvements; and

51. A process for corrective action if the SEA finds COEs that do not
    sufficiently document a child's eligibility for the MEP.

### A17. Is re-interviewing a random sample of parents or guardians who provided information to the recruiter an important part of an acceptable system of quality control? {#a17.-is-re-interviewing-a-random-sample-of-parents-or-guardians-who-provided-information-to-the-recruiter-an-important-part-of-an-acceptable-system-of-quality-control .unnumbered}

Yes. As a matter of good practice, re-interviewing parents or guardians
from a representative sample of COEs on an annual basis should be a part
of an SEA's quality control system. SEAs are encouraged to use an
outside contractor to perform this task at least once every three years.
This helps validate that the data on the COEs are accurate and that
eligibility determinations are correct.

### A18. Does the current statute allow a State to have a 5 percent margin of error in its child counts? {#a18.-does-the-current-statute-allow-a-state-to-have-a-5-percent-margin-of-error-in-its-child-counts .unnumbered}

No. The 5 percent margin of error was part of the ESEA, as amended by
the Hawkins-Stafford Amendment of 1988. This provision was eliminated in
1994 through the reauthorization of the ESEA (Improving America's School
Act). There is no allowable margin of error in a State's child counts.
Therefore, SEAs must ensure that only eligible children are included in
the child count.

### A19. Should recruiters ask migrant families for their immigration status in order to enroll them in the MEP? {#a19.-should-recruiters-ask-migrant-families-for-their-immigration-status-in-order-to-enroll-them-in-the-mep .unnumbered}

No. In fact, recruiters should not request this type of information
because it may discourage undocumented individuals from seeking the
services they need and for which they qualify. A social security number
or other proof of residency/citizenship is *not* required for
recruitment in the MEP.

### A20. Should the information that a recruiter records on eligible migrant children be entered into the State's migrant student records system? {#a20.-should-the-information-that-a-recruiter-records-on-eligible-migrant-children-be-entered-into-the-states-migrant-student-records-system .unnumbered}

Yes. As each child is recruited into the program, information on the
child is recorded on a COE. Some or all of this information should also
be entered into the State's migrant student records system. Some States
use electronic COEs, which allows States to download the data that
recruiters enter into the State's database on a regular basis. Other
States forward key information from the COE form to a records specialist
employed by the State MEP, who sends the information to the State's
migrant student records system. Regardless of how the State manages this
process, it is good practice to maintain eligibility information
electronically so it can easily be transferred to other States and
districts to which migrant students may travel.

# COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE DELIVERY PLAN

The primary purpose of the comprehensive needs assessment is to guide
the *overall design* of the MEP on a statewide basis. It is not
sufficient to simply document the need for the program (e.g., 50 percent
of migrant students are not proficient in reading, or 30 percent of
migrant students do not graduate from high school). Rather, SEAs and
local operating agencies must identify the special educational needs of
migrant children and determine the specific services that will help
migrant children achieve the State's measurable outcomes and performance
targets. Because there are never sufficient resources to meet all the
needs of migrant children, the comprehensive needs assessment helps SEAs
and local operating agencies prioritize those needs.

Local operating agencies conduct individual needs assessments to: (1)
determine the needs of migrant students and how those needs relate to
the priorities established by the State; (2) design local services; and
(3) select students for the receipt of those services. While the SEA and
local operating agencies must jointly ensure that needs assessment
procedures at the local operating agency level are aligned with those at
the State level, local operating agencies are able to narrow their needs
assessments because local staff have access to more precise information
than is available at the SEA level. This enables the local operating
agency to identify such critical elements as the specific needs of
children by grade levels, academic areas in which the project should
focus, instructional settings, instructional materials, staffing, and
teaching techniques.

SEAs are also required to develop a comprehensive State plan for service
delivery that describes the strategies the SEA will pursue on a
statewide basis to help migrant children achieve the performance targets
that the State has adopted for all children in reading and math, high
school graduation, reducing school dropouts, school readiness (where
applicable), and any other performance target that the State has
identified for migrant children.

####  Statutory Requirements:  {#statutory-requirements-3 .unnumbered}

Title I, Part C, Sections 1304(b) and 1306(a)

#### Regulatory Requirements:  {#regulatory-requirements-3 .unnumbered}

34 CFR 200.83

## Comprehensive Needs Assessment

### A1. What is a \"need"? {#a1.-what-is-a-need .unnumbered}

A "need" refers to the gap or discrepancy between a present state (what
is) and a desired state (what should be). The need is neither the
present nor the future state; it is the gap between them.

  ------------------------- ---- ------------------ --- ---------------------
  Desired state             \-   Current state      =   Need

  (What should be)               (What is)              (Gap)

  100% of third grade       \-   30% of third grade =   70% of third grade
  migrant students use           migrant students       migrant children must
  phonics knowledge and          use phonics            learn to use phonics
  word parts to figure out       knowledge and word     knowledge and word
  how to pronounce words         parts to figure        parts to figure out
  they do not recognize.         out how to             how to pronounce
                                 pronounce words        words they do not
                                 they do not            recognize.
                                 recognize.             

  {alternatively, using the                             
  performance of all                                    
  \"non-migrant\" children                              
  to set the desired state}                             

  85% of third grade        \-   30% of third grade =   55% of third grade
  non-migrant students use       migrant students       migrant children must
  phonics knowledge and          use phonics            learn to use phonics
  word parts to figure out       knowledge and word     knowledge and word
  how to pronounce words         parts to figure        parts to figure out
  they do not recognize.         out how to             how to pronounce
                                 pronounce words        words they do not
                                 they do not            recognize to perform
                                 recognize.             as well as their
                                                        non-migrant peers.
  ------------------------- ---- ------------------ --- ---------------------

### A2. What is a "needs assessment"? {#a2.-what-is-a-needs-assessment .unnumbered}

A "needs assessment" is a *systematic* assessment and decision-making
process that progresses through a defined series of phases to determine
needs, examine their nature and causes, and set priorities for future
action. A needs assessment:

-   Focuses on the *ends* (i.e., outcomes) to be achieved, rather than
    the *means* (i.e., process). For example, reading achievement is an
    outcome, whereas reading instruction is a means toward that end.

-   Gathers data by means of *established procedures and methods* that
    are thoughtfully selected to fit the purposes and context of the
    needs assessment.

-   *Sets priorities and determines criteria* for solutions so that
    planners and managers can make sound decisions.

-   *Sets criteria* for determining how best to allocate available
    money, people, facilities, and other resources.

-   Leads to *action* that will *improve* programs, services,
    organizational structure and operations, or a combination of these
    elements.

### A3. What does "comprehensive" mean? {#a3.-what-does-comprehensive-mean .unnumbered}

A needs assessment is comprehensive if it:

-   Includes both needs identification and the assessment of potential
    solutions;

-   Addresses all relevant performance targets established for migrant
    children (i.e., proficiency in reading, proficiency in math,
    graduation from high school, reduction of the dropout rate, and any
    other program goal set for migrant children by the State, including
    school readiness);

-   Identifies the needs of migrant children at a level that is useful
    for program design purposes;

-   Collects data from appropriate target groups (i.e., students,
    parents, teachers, etc.);

-   Examines need data disaggregated by key subgroups; and

-   Is conducted on a statewide basis.

### A4. What is a Needs Assessment Committee? {#a4.-what-is-a-needs-assessment-committee .unnumbered}

A Needs Assessment Committee is a group of key stakeholders, decision
makers, policymakers, and content experts who represent the
organizations and individuals that are necessary to ensure commitment to
the needs assessment process and implementation of the results. The
active use of a Needs Assessment Committee is one important method of
obtaining expert advice and gaining commitment for both the process and
the execution of the results.

### A5. What is a "target group"? {#a5.-what-is-a-target-group .unnumbered}

A target group is the focus of the needs assessment. Common target
groups in education settings include students, parents, teachers,
administrators, program staff, and the community at large. Ideally,
needs assessments are *initially* conducted to determine the needs of
the people (i.e., service receivers) for whom the organization or system
exists (e.g., students). However, a "*comprehensive*" needs assessment
often takes into account needs identified in other parts of a system.
For example, a needs assessment might include the concerns of the
"service providers" (e.g., teachers, guidance counselors, or school
principals--the people who have a direct relationship with the service
receivers) or "system issues" (e.g., availability of programs, services,
and personnel; level of program coordination; and access to appropriate
facilities).

### A6. What are the \"special educational needs\" of migrant children? {#a6.-what-are-the-special-educational-needs-of-migrant-children .unnumbered}

The "special educational needs" of migrant children, as defined in 34
CFR 200.83(a)(2), are those educational *and* educationally related
needs that: (1) result from the migrant lifestyle, and (2) must be met
in order for migrant children to participate effectively in school. Each
SEA must identify the special educational needs of the migrant children
who reside in the State. These needs should be the focus of the
program's design and interventions.

### A7. Must SEAs and local operating agencies identify the special educational needs of all eligible migrant children? {#a7.-must-seas-and-local-operating-agencies-identify-the-special-educational-needs-of-all-eligible-migrant-children .unnumbered}

Yes. Sections 1304(b)(1) and 1306(a)(1) of the statute require the SEA
to ensure that the State and its local operating agencies identify and
address the special educational needs of migrant children. Furthermore,
every SEA must develop and update a written comprehensive State service
delivery plan that includes an identification and assessment of the
special educational needs of migrant children, as described in the
previous question. (See 34 CFR 200.83.)

SEAs must conduct a comprehensive needs assessment in order to develop a
comprehensive State plan for service delivery that addresses the special
educational needs of migrant children. Local operating agencies must
conduct a needs assessment in order to provide services that will meet
the identified needs in accordance with the comprehensive State plan for
service delivery.

### A8. Must SEAs identify and address the special educational needs of preschool migrant children? {#a8.-must-seas-identify-and-address-the-special-educational-needs-of-preschool-migrant-children .unnumbered}

Yes. Section 1304(b)(1) of the statute requires SEAs to ensure that they
will identify and address the special educational needs of preschool
migrant children.

### A9. What are the benefits of conducting a needs assessment?  {#a9.-what-are-the-benefits-of-conducting-a-needs-assessment .unnumbered}

The SEA and local operating agency cannot reasonably design the MEP or
determine the grade levels and instructional areas on which individual
projects should focus without information on the special educational
needs of all eligible children identified in the State. At the State
level, a comprehensive needs assessment identifies: (1) the needs of
migrant children on a statewide basis through a systematic process of
prioritizing among competing needs; (2) services, on a statewide basis,
that are most likely to enable the MEP to meet its measurable outcomes
and contribute to the achievement of the State's performance targets;
and (3) the best way to allocate limited resources, including time,
money, and organizational efforts.

At the local operating agency level, a needs assessment determines: (1)
the extent of the needs of migrant students in that project area and how
those needs relate to the priorities the State has established; (2) how
to design local services; and (3) which students should receive
services. Local operating agencies identify such critical elements as
the specific needs of children by grade levels, the academic areas in
which the project should focus, the instructional settings, materials,
staffing, and teaching techniques.

### A10. How may an SEA structure a statewide comprehensive needs assessment? {#a10.-how-may-an-sea-structure-a-statewide-comprehensive-needs-assessment .unnumbered}

States are encouraged to examine a three-phase comprehensive needs
assessment process, which has been the basis of a needs assessment pilot
project sponsored by the Office of Migrant Education in conjunction with
the Comprehensive Regional Assistance Centers. The three phases of the
assessment model are:

-   *Explore What Is Known*. In the first phase of the process, there
    are three key objectives: (1) investigate what is already known
    about the needs of the target group; (2) determine the focus and
    scope of the needs assessment; and (3) gain commitment from all
    levels in the organization for the assessment, including the *use*
    of the findings for program planning and implementation. In this
    phase, the SEA identifies a project manager and establishes a needs
    assessment committee that is made up of representatives of the
    organizations and individuals that are critical to ensuring the
    successful completion of the process *and* the implementation of the
    results. Some activities that typically occur during this phase of
    the needs assessment include developing an overall management plan
    (including staff commitments, timelines, and milestones) and
    identifying major areas of concern within the priorities established
    by the State (e.g., proficiency in reading, proficiency in math,
    graduation from high school, reducing the dropout rate).

-   *Gather and Analyze Data.* In the second phase of the process, the
    key objectives are to: (1) document the status (or "what is") for
    each major concern and/or issue that was identified; (2) compare the
    status with the vision of "what should be;" and (3) determine the
    magnitude of the needs and their causes. The result of this phase is
    a set of needs statements, in tentative order of priority, based on
    how critical the needs and causes are. Some activities that
    typically occur during this phase are: (1) developing need
    indicators for each major concern identified in Phase I; (2)
    developing a data collection and analysis plan (i.e., consider data
    sources to measure the need indicators); and (3) establishing
    preliminary priorities for data collection (i.e., determine which
    need indicators are not feasible to consider because it would be
    prohibitively expensive to collect data or because the data would
    not be reliable).

-   *Make Decisions*. A needs assessment is *not complete* until the
    information is used in a practical way. Phase III is the bridge from
    analysis to action. It answers important questions like: Which needs
    are the most critical? What are possible solutions? Which solutions
    are best? Based on the answers to these questions, the committee
    develops and implements an action plan. Some activities that
    typically occur during this phase of the needs assessment are
    establishing priority needs, identifying possible solutions,
    selecting strategies for implementing the most promising solutions,
    proposing an action plan, and preparing a final report.

For more information on this needs assessment model, visit the OME
website at <http://www.ed.gov/admins/lead/account/comprehensive.html>.

### A11. How often must an SEA and local operating agency conduct a needs assessment?  {#a11.-how-often-must-an-sea-and-local-operating-agency-conduct-a-needs-assessment .unnumbered}

SEAs and local operating agencies are required to design and operate
their programs based on a *current* comprehensive needs assessment. (See
34 CFR 200.83.) Because a quality needs assessment is an extensive
undertaking and many of the needs and solutions do not change
significantly from one year to the next, it is not practical to conduct
a *complete* needs assessment every year. As a rule of thumb, States
should conduct a complete needs assessment every 3 years, or more
frequently if there is evidence of a change in the needs of migrant
children (e.g., project personnel or parents begin recommending changes
to improve the program or the demographic characteristics of the migrant
student population changes). In addition, key sections of the needs
assessment should be updated *annually* to ensure that the results of
the needs assessment remain current. Information that is typically
updated on an annual basis includes the data required for: (1) the
SEA\'s subgrant process, and (2) the local operating agency's project
application.

### A12. May the SEA delegate its responsibility to conduct a statewide comprehensive needs assessment to its local operating agencies? {#a12.-may-the-sea-delegate-its-responsibility-to-conduct-a-statewide-comprehensive-needs-assessment-to-its-local-operating-agencies .unnumbered}

No. The SEA has the responsibility to conduct a comprehensive needs
assessment on a *statewide* basis, and it cannot delegate this
responsibility to local operating agencies.

### A13. Must the SEA ensure that the needs assessment procedures of the local operating agencies are congruent with SEA's needs assessment procedures? {#a13.-must-the-sea-ensure-that-the-needs-assessment-procedures-of-the-local-operating-agencies-are-congruent-with-seas-needs-assessment-procedures .unnumbered}

Yes. Because the SEA\'s comprehensive State plan for service delivery is
the basis for all uses of MEP funds in the State, the SEA and local
operating agencies must jointly ensure that needs assessment procedures
at the local operating agency level align with those at the State level.
They also must jointly ensure that local projects focus on the unmet
needs of migrant children who have a \"priority for services\" before
serving other migrant children.

### A14. What student data should local operating agencies use to design a program? {#a14.-what-student-data-should-local-operating-agencies-use-to-design-a-program .unnumbered}

Local operating agencies should use the best available data to design a
program. The data should reflect either: (1) the migrant children who
the agency served most recently, or (2) particularly for newly
established projects, the migrant children who are likely to be served.

### A15. Should SEAs and local operating agencies use student demographic and assessment data to help identify the special educational needs of migrant children?  {#a15.-should-seas-and-local-operating-agencies-use-student-demographic-and-assessment-data-to-help-identify-the-special-educational-needs-of-migrant-children .unnumbered}

Yes. Student demographic and assessment data are key data sources that
agencies should use to construct a statewide or local profile of migrant
children as compared to non-migrant children and/or other appropriate
comparison groups. These data are particularly useful if they are
disaggregated by: (1) priority for services, (2) grade level, and (3)
project area (where the number of students served is sufficiently large
for the data to be reliable).

### A16. In conducting a needs assessment, may an SEA and/or local operating agency use testing data or other data that it receives from the student's home base State?  {#a16.-in-conducting-a-needs-assessment-may-an-sea-andor-local-operating-agency-use-testing-data-or-other-data-that-it-receives-from-the-students-home-base-state .unnumbered}

Yes. States are encouraged to obtain and use data from other school
districts that migrant students previously attended, particularly for
the most mobile students and for students who plan to graduate in
another State.

###  A17. Must SEAs and local operating agencies identify the need for support services (e.g., health, dental, transportation, and counseling services) through the needs assessment? {#a17.-must-seas-and-local-operating-agencies-identify-the-need-for-support-services-e.g.-health-dental-transportation-and-counseling-services-through-the-needs-assessment .unnumbered}

Yes. The need for support services is considered a part of the special
educational needs of migrant children. If a State or local operating
agency intends to focus on meeting these support service needs, it
should relate them to the children\'s educational needs and the
measurable outcomes and performance targets established by the State.
(See Chapter VIII -- "Program Evaluation.")

### A18. Because enrollment may vary depending on the availability of seasonal agricultural work in the area, should the SEA or local operating agency consider how to include migrant children in its data collection efforts? {#a18.-because-enrollment-may-vary-depending-on-the-availability-of-seasonal-agricultural-work-in-the-area-should-the-sea-or-local-operating-agency-consider-how-to-include-migrant-children-in-its-data-collection-efforts .unnumbered}

Yes. States should consider how to include data of *all* migrant
children, including those whose schooling has been interrupted during
the regular school year. For States that receive migrant children in the
summer, this may involve coordinating data collection efforts with the
student's home base State.

## Comprehensive State Plan for Service Delivery

### B1. What is a comprehensive State plan for service delivery? {#b1.-what-is-a-comprehensive-state-plan-for-service-delivery .unnumbered}

A comprehensive State plan for service delivery describes the services
the SEA will provide on a statewide basis to address the special
educational needs of migrant students.

### B2. What are the benefits of developing a comprehensive State service delivery plan? {#b2.-what-are-the-benefits-of-developing-a-comprehensive-state-service-delivery-plan .unnumbered}

The SEA\'s comprehensive State plan for service delivery is the basis
for the use of all MEP funds in the State. The comprehensive State
service delivery plan helps the SEA develop and articulate a clear
vision of: (1) the needs of migrant children on a statewide basis; (2)
the MEP's measurable outcomes and how they help achieve the State's
performance targets; (3) the services the MEP will provide on a
statewide basis; and (4) how to evaluate whether and to what degree the
program is effective. It is particularly important for the State to
exercise leadership in the design of the program because the MEP, unlike
the Title I, Part A program, is administered and operated by the State.
Therefore, the SEA plays a significant role in establishing the overall
direction of the MEP. The SEA\'s comprehensive State plan for service
delivery is the primary tool for designing and communicating the
direction of the program.

### B3. How is the comprehensive State plan for service delivery different from the Consolidated State Application? {#b3.-how-is-the-comprehensive-state-plan-for-service-delivery-different-from-the-consolidated-state-application .unnumbered}

The Consolidated State Application is a single application that States
use to apply for funds under the ESEA programs. The Department reviews
and approves the application at the beginning of the reauthorization
period. By comparison, the comprehensive State plan for service delivery
is the SEA's operational plan for the MEP. The SEA does not submit the
plan to the Department but the plan should be available for review by
departmental staff. The SEA should also disseminate the plan to all
local operating agencies, parent groups, and other interested parties.

### B4. What do the statute and regulations require in terms of a comprehensive State plan for service delivery? {#b4.-what-do-the-statute-and-regulations-require-in-terms-of-a-comprehensive-state-plan-for-service-delivery .unnumbered}

Section 1306(a)(1) of the statute requires the SEA and its local
operating agencies to identify and address the special educational needs
of migrant children in accordance with a comprehensive plan that:

-   Is integrated with other Federal programs, particularly those
    authorized by the ESEA;

-   Provides migrant children an opportunity to meet the same
    challenging State academic content and student academic achievement
    standards that all children are expected to meet;

-   Specifies measurable program goals and outcomes;

-   Encompasses the full range of services that are available to migrant
    children from appropriate local, State, and Federal educational
    programs;

-   Is the product of joint planning among administrators of local,
    State, and Federal programs, including Title I, Part A, early
    childhood programs, and language instruction education programs
    under Part A or B of Title III; and

-   Provides for the integration of services available under Part C with
    services provided by such other programs.

Section 200.83(b) of the regulations requires the SEA to develop its
comprehensive State service delivery plan in consultation with the State
migrant education parent advisory council or, for SEAs that do not
operate programs of one school year in duration (and are thus, not
required to have such a council), with the parents of migrant children.
The consultation must be in a format and language that the parents
understand.

### B5. What must a State include in its comprehensive State service delivery plan?  {#b5.-what-must-a-state-include-in-its-comprehensive-state-service-delivery-plan .unnumbered}

The SEA must include the following components in its comprehensive State
service delivery plan:

1.  *Performance Targets*. The plan must specify the performance targets
    that the State has adopted for all migrant children for: (1)
    reading; (2) math; (3) high school graduation; (4) the number of
    school dropouts; (5) school readiness (if adopted by the SEA);
    and (6) any other performance target that the State has identified
    for migrant children. (See 34 CFR 200.83(a)(1).)

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52. *Needs Assessment*. The plan must include identification and an
    assessment of: (1) the unique educational needs of migrant children
    that result from the children's migrant lifestyle; and (2) other
    needs of migrant students that must be met in order for them to
    participate effectively in school. (See 34 CFR 200.83(a)(2).)

53. *Measurable Program Outcomes*. The plan must include the measurable
    outcomes that the MEP will produce statewide through specific
    educational or educationally-related services. (See section
    1306(a)(1)(D) of the statute.) Measurable outcomes allow the MEP to
    determine whether and to what degree the program has met the special
    educational needs of migrant children that were identified through
    the comprehensive needs assessment. The measurable outcomes should
    also help achieve the State's performance targets.

54. *Service Delivery*. The plan must describe the SEA's strategies for
    achieving the performance targets and measurable objectives
    described above. The State's service delivery strategy must
    address: (1) the unique educational needs of migrant children that
    result from the children's migrant lifestyle, and (2) other needs of
    migrant students that must be met in order for them to participate
    effectively in school. (See 34 CFR 200.83(a)(3).)

55. *Evaluation*. The plan must describe how the State will evaluate
    whether and to what degree the program is effective in relation to
    the performance targets and measurable outcomes. (See 34 CFR
    200.83(a)(4).)

### B6. What else may a State include in its comprehensive State service delivery plan?  {#b6.-what-else-may-a-state-include-in-its-comprehensive-state-service-delivery-plan .unnumbered}

The SEA may also include the policies and procedures it will implement
to address other administrative activities and program functions, such
as:

1.  *Priority for Services*. A description of how, on a statewide basis,
    the SEA will give priority to migrant children who: (1) are failing,
    or most at risk of failing, to meet the state's challenging academic
    content and student achievement standards, and 2) whose education
    has been interrupted during the regular school year.

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56. *Parent Involvement*. A description of the SEA's consultation with
    parents (or with the State parent advisory council, if the program
    is of one school year in duration) and whether the consultation
    occurred in a format and language that the parents understand.

57. *Identification and Recruitment*. A description of the State's plan
    for identification and recruitment activities and its quality
    control procedures.

58. *Student Records*. A description of the State\'s plan for requesting
    and using migrant student records and transferring migrant student
    records to schools and projects in which migrant students enroll.

### B7. How often should the SEA update the comprehensive State service delivery plan?  {#b7.-how-often-should-the-sea-update-the-comprehensive-state-service-delivery-plan .unnumbered}

The SEA should update the comprehensive State service delivery plan when
the SEA: (1) updates the comprehensive statewide needs assessment; (2)
changes the performance targets and/or measurable outcomes; (3)
significantly changes the services that the MEP will provide statewide;
or (4) significantly changes the evaluation design.

### B8. May the SEA fund a local MEP project that addresses different needs than those the SEA identified in its comprehensive service delivery plan? {#b8.-may-the-sea-fund-a-local-mep-project-that-addresses-different-needs-than-those-the-sea-identified-in-its-comprehensive-service-delivery-plan .unnumbered}

Yes. However, the SEA must first ensure that the local operating agency
has sufficiently addressed the needs the SEA identified in its
comprehensive service delivery plan. It is in the SEA's discretion to
fund a project that proposes to address other identified special
educational needs of migrant children, if funds are available for this
purpose and if services to address these needs are not available from
another funding source.

# PROVISION OF SERVICES

For purposes of the MEP, "services" are a subset of all the activities
that the MEP provides through its program and projects. Although SEAs
and local operating agencies may spend MEP funds on many types of
allowable activities, some of these activities do not constitute a
"service" (e.g., identification and recruitment or parental involvement
activities). "Services" are distinct in that they are the educational or
educationally related activities provided to migrant children to enable
them to succeed in school. Because student success is the overarching
goal of the MEP, services are a vital aspect of the program. In
providing services, SEAs must give priority to migrant children who are
failing or are most at risk of failing and whose education has been
interrupted during the regular school year.

This chapter discusses these and other related topics, such as serving
migrant children through schoolwide and summer/intersession programs and
issues related to migrant children who are limited English proficient,
undocumented, who have disabilities, and who attend private schools.

#### STATUTORY REQUIREMENTS:  {#statutory-requirements-4 .unnumbered}

Sections 1304(c)(6); 1306(b) of Title I, Part C; Sections 9101(37) and
9501 of Title IX

### [[REGULATORY REQUIREMENTS]{.underline}]{.smallcaps}:  {#regulatory-requirements-4 .unnumbered}

34 CFR 200.29(c)(1); 200.83; 200.86; 299.6 -- 299.9

## Services

### A1. For purposes of the MEP, what are "services"?  {#a1.-for-purposes-of-the-mep-what-are-services .unnumbered}

"Services" are a subset of all the activities that the MEP provides
through its programs and projects. "Services" are those educational or
educationally related activities that: (1) directly benefit a migrant
child; (2) address a need of a migrant child consistent with the SEA's
comprehensive needs assessment and service delivery plan; (3) are
grounded in scientifically based research or, in the case of support
services, are a generally accepted practice; and (4) are designed to
enable the program to meet its measurable outcomes and contribute to the
achievement of the State's performance targets.

### A2. What is "scientifically based research"? {#a2.-what-is-scientifically-based-research .unnumbered}

"Scientifically based research" means research that involves the
application of rigorous, systematic, and objective procedures to obtain
reliable and valid knowledge relevant to education activities and
programs. This includes research that:

-   Employs systematic, empirical methods that draw on observation or
    experiment;

-   Involves rigorous data analyses that are adequate to test the stated
    hypothesis and justify the general conclusions drawn;

-   Relies on measurements or observational methods that provide
    reliable and valid data across evaluators and observers, across
    multiple measurements and observations, and across studies by the
    same or different investigators;

-   Is evaluated using experimental or quasi-experimental designs in
    which individuals, entities, programs, or activities are assigned to
    different conditions and with appropriate controls to evaluate the
    effects of the condition of interest, with a preference for
    random-assignment experiments, or other designs to the extent that
    those designs contain within-condition or across-condition controls;

-   Ensures that experimental studies are presented in sufficient detail
    and clarity to allow for replication or, at a minimum, offer the
    opportunity to build systematically on their findings; and

-   Has been accepted by a peer-reviewed journal or approved by a panel
    of independent experts through a comparably rigorous, objective, and
    scientific review.

(See section 9191(37) of the statute.) For more information on this
subject, see <http://www.ed.gov/nclb/methods/whatworks/research>.

### A3. What types of services may an SEA or local operating agency provide with MEP funds?  {#a3.-what-types-of-services-may-an-sea-or-local-operating-agency-provide-with-mep-funds .unnumbered}

SEAs and local operating agencies may use MEP funds to provide the
following types of services:

-   Instructional services (e.g., educational activities for
    preschool-age children and instruction in elementary and secondary
    schools, such as tutoring before and after school); and

-   Support services (e.g., educationally related activities, such as
    advocacy for migrant children; health, nutrition, and social
    services for migrant families; necessary educational supplies;
    transportation).

### A4. What are some examples of allowable activities that do not constitute a service? {#a4.-what-are-some-examples-of-allowable-activities-that-do-not-constitute-a-service .unnumbered}

Activities related to identification and recruitment activities,
parental involvement, program evaluation, professional development, or
administration of the program are examples of allowable activities that
are not considered services. Another example would be handing out
leaflets to migrant families on available reading programs as part of an
effort to increase the reading skills of migrant children. Although this
is an allowable activity, it is not a service because it does not meet
all of the criteria in Question A1 of this chapter: (1) it does not
directly benefit migrant children; (2) it is not grounded in
scientifically based research; and (3) in and of itself, the activity
will not increase children's reading skills and thereby increase their
ability to meet the State's performance targets. (For more information
on how this applies to counting children in summer/intersession
programs, see Question B25 in Chapter IX -- "Program Performance and
Child Count Reporting.")

### A5. Why is it important for local operating agencies to provide services of sufficient intensity in operating the MEP? {#a5.-why-is-it-important-for-local-operating-agencies-to-provide-services-of-sufficient-intensity-in-operating-the-mep .unnumbered}

It is important to design services that are of sufficient intensity to
provide reasonable promise of the project's ability to meet its
measurable outcomes. In turn, the attainment of these outcomes enables
the program to help migrant children succeed in school and to contribute
to the achievement of the State's performance targets.

### A6. How should an SEA or local operating agency select students for services?  {#a6.-how-should-an-sea-or-local-operating-agency-select-students-for-services .unnumbered}

The SEA or local operating agency should:

1.  Identify the eligible migrant children with special educational
    needs who are expected to reside in the area (statewide or locally);

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59. Determine the educational and educationally related needs of the
    children to be served;

60. Determine the focus of the program (i.e., instructional areas and/or
    grade levels) based on a needs assessment; and

61. Select children with the greatest need for MEP services according to
    the priority for services criteria in section 1304(d) of the
    statute.

### A7. How may SEAs provide services to migrant children? {#a7.-how-may-seas-provide-services-to-migrant-children .unnumbered}

SEAs have used a wide variety of service delivery designs. Some examples
include:

-   Extended day programs;

-   Before/after school programs;

-   In-class programs;

-   Saturday or vacation programs;

-   In-home instruction (e.g., the MEP provides family literacy services
    to the child at home);

-   Summer or intersession programs;

-   Distance learning programs (e.g., Web-based or portable courses of
    instruction); and

-   Title I Schoolwide programs -- See section C below.

### A8. Are there any instances in which an SEA or local operating agency may use MEP funds to benefit children who are not migrant? {#a8.-are-there-any-instances-in-which-an-sea-or-local-operating-agency-may-use-mep-funds-to-benefit-children-who-are-not-migrant .unnumbered}

Yes. Although MEP funds are generally used only to serve eligible
migrant children who meet the statutory definition of "migratory child,"
there are several circumstances in which MEP funds may be used to
benefit children who do not meet this definition:

1.  [Schoolwide Programs]{.underline} -- In a schoolwide program, a
    school may combine MEP funds with funds from other Federal, State,
    and local programs to serve all of its students, regardless of their
    eligibility for the program. (See section C of this chapter for more
    detail on schoolwide programs.)

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62. [Continuation of Services]{.underline} -- Under certain
    circumstances, section 1304(e) of the statute allows SEAs to
    continue to provide services to children who are no longer migrant.
    (See Question A9 below.)

63. [Incidental Inclusion]{.underline} -- In carrying out the MEP, an
    agency may serve non-migrant children on an incidental basis if this
    inclusion does not: (1) decrease the amount, duration, or quality of
    services to migrant children; (2) increase the cost of providing the
    services; or (3) result in the exclusion of migrant children who
    would otherwise receive services.

### A9. Are there circumstances in which a local operating agency may continue to provide MEP services to children who are no longer eligible for the MEP?  {#a9.-are-there-circumstances-in-which-a-local-operating-agency-may-continue-to-provide-mep-services-to-children-who-are-no-longer-eligible-for-the-mep .unnumbered}

Yes. The statute provides three circumstances in which a local operating
agency may continue to provide services to children whose eligibility
has ended:

\(1\) A child's eligibility ends during the school term and the agency
provides services for the duration of the term (see section 1304(e)(1));

> \(2\) A child's eligibility ends and the agency provides services for
> an additional school year because comparable services are not
> available through other programs (see section 1304(e)(2)); and
>
> \(3\) A local operating agency continues to serve secondary school
> students who were eligible for services in secondary school through
> credit accrual programs until they graduate (see section 1304(e)(3)).

\[Note: Before the agency provides services under these provisions, it
should consider whether the child's unmet special educational needs are
addressed by the general school program and whether migrant children who
have a priority for services have already been served.\]

## Priority for Services

### B1. Who has priority for services in the MEP?  {#b1.-who-has-priority-for-services-in-the-mep .unnumbered}

Section 1304(d) of the statute gives priority for services to migrant
children: (1) who are failing, or most at risk of failing, to meet the
State's challenging State academic content standards and challenging
State student academic achievement standards, *and* (2) whose education
has been interrupted during the regular school year.

### B2. How does the SEA determine which children meet the "priority for services" criteria? {#b2.-how-does-the-sea-determine-which-children-meet-the-priority-for-services-criteria .unnumbered}

SEAs must establish and implement appropriate procedures to identify and
target services to migrant children who meet the priority for services
requirement. This requirement applies to all migrant children who are at
an age that they are required to attend school in the State. In order to
determine who meets this criterion, SEAs should first determine which
children are failing or most at risk of failing to meet the State's
academic content standards and student achievement standards. Among
those children who are failing or at most risk of failing, the SEA must
identify and give priority for services to children whose education has
been interrupted during the regular school year.

### B3. How does the SEA determine which children are failing or most at risk of failing the State's academic content standards and student academic achievement standards? {#b3.-how-does-the-sea-determine-which-children-are-failing-or-most-at-risk-of-failing-the-states-academic-content-standards-and-student-academic-achievement-standards .unnumbered}

The SEA should examine students' academic performance within the past 12
months on the State assessment. The State assessment is a valuable
source of information regarding which children are failing or at risk of
failing to meet the State's standards (e.g., students not scoring at the
proficient level). If the SEA does not have State assessment data on a
particular migrant child (e.g., the child was not present in the
district when the State assessment was administered, the State's
assessment system is not yet in place for a particular grade, the child
attends school but is too young to be included in the State assessment
system), the SEA may use other relevant information, like local academic
assessment data or the degree to which the child is subject to multiple
risk factors (e.g., being retained in grade/overage for grade, eligible
for free/reduced price lunch, limited English proficient) to determine
if the child is at risk of failing to meet the State's standards.

### B4. What is "educational interruption" during the regular school year? {#b4.-what-is-educational-interruption-during-the-regular-school-year .unnumbered}

"Educational interruption" means that a student, in the preceding 12
months, changed schools or missed a \"significant\" amount of school
time (e.g., ten days or more) during the regular school year (usually
defined as September through June) due to the child\'s or family\'s
migrant lifestyle. For example, a student who makes a "qualifying move"
(see question C1 in Chapter II -- "Child Eligibility") during the school
year usually enrolls in a new school and, in doing so, may miss a
significant amount of school time and thus experience an educational
interruption. \[Note: Recruiters may collect information on educational
interruption during the initial interview and when they perform annual
updates of the COE (see sample COE on page 38).\]

### B5. Does the educational interruption have to be caused by a move to seek qualifying work?  {#b5.-does-the-educational-interruption-have-to-be-caused-by-a-move-to-seek-qualifying-work .unnumbered}

No. While the educational interruption must clearly be related to the
migrant lifestyle, it does not need to stem from moves in which a
migrant worker seeks qualifying work. For example, the interruption may
be caused by an illness, such as an exposure to a pesticide that causes
the student to miss a significant amount of school. The move may be a
trip back to the home base from qualifying employment to enable the
child to return to school, to enable the family to take care of pressing
family matters, or to enable the family to get ready for the next
migrant move. On the other hand, a move home for a vacation would not
constitute an educational interruption due to the migrant lifestyle. It
is the SEA's responsibility to clearly define the types of situations
that constitute educational interruption as a result of the migrant
lifestyle and to communicate these to local operating agencies so that
staff apply them consistently on a statewide basis.

### B6. Should an SEA or local operating agency use *only* the existence of a qualifying move during the school year to determine which migrant students have priority for services? {#b6.-should-an-sea-or-local-operating-agency-use-only-the-existence-of-a-qualifying-move-during-the-school-year-to-determine-which-migrant-students-have-priority-for-services .unnumbered}

No. Although a qualifying move is a proxy measure of educational
interruption and student mobility is considered an academic risk factor,
an SEA or local operating agency should not rely on one data source to
determine whether a student meets both criteria of the priority for
services definition. Congress defined \"priority for services\" as a
two-pronged test and SEAs and local operating agencies should use
multiple data sources to best determine who meets this definition. If an
SEA or local operating agency uses a qualifying move to identify which
students experienced educational interruption, it should use data
sources such as those outlined in Question B3 of this chapter to
determine which students are failing or at risk of failing to meet the
State's standards. Such use of multiple indicators will greatly improve
the reliability of priority for service determinations.

### B7. May the MEP serve children who do not meet the "priority for services" criteria? {#b7.-may-the-mep-serve-children-who-do-not-meet-the-priority-for-services-criteria .unnumbered}

Yes. SEAs and local operating agencies may serve children who do not
meet the "priority for services" criteria so long as they serve children
who meet the criteria first. For example, a MEP project that operates
only in the summer may serve migrant children who reside in the area
during the summer but whose schooling is not interrupted during the
regular school year, if it first serves migrant students who meet the
"priority for services" criteria.

## Schoolwide Programs

### C1. What is a Title I schoolwide program? {#c1.-what-is-a-title-i-schoolwide-program .unnumbered}

A Title I schoolwide program is a program in which a school combines
funds from various educational programs (e.g., Title I, Part A, Part C,
and other State and local resources) to upgrade the entire educational
program in order to raise academic achievement of all students.
Schoolwide programs do not have to identify particular children as
eligible for services, separately track Federal dollars, or show that
Part A funds are paying for supplemental services that would otherwise
not be provided. Instead, schools that operate schoolwide programs may
use Title I funds in the manner they choose, to implement schoolwide
reform strategies that provide opportunities for all children to meet
the State's proficient and advanced levels of student academic
achievement, using effective methods and instructional strategies that
are based on scientifically based research. (See section 1114(b) of the
statute.)

### C2. In planning a schoolwide program, must a school take the needs of migrant children into account? {#c2.-in-planning-a-schoolwide-program-must-a-school-take-the-needs-of-migrant-children-into-account .unnumbered}

Yes. (See section 1114(b)(1)(A) of the statute.)

**C3. Must a school involve parents in planning a schoolwide program?**

Yes. (See section 1114(b)(2)(B)(ii) of the statute.) If migrant children
are to be part of the schoolwide program, the school should involve
migrant parents in planning the program to ensure that the school
effectively identifies and addresses the children's special educational
needs. In addition, if the school intends to combine MEP funds in the
schoolwide program, it must first meet the special educational needs of
migrant children in consultation with migrant parents. (See Question C4
below.)

###  C4. Are there any limitations on the use of MEP funds in a schoolwide program?  {#c4.-are-there-any-limitations-on-the-use-of-mep-funds-in-a-schoolwide-program .unnumbered}

Yes. Section 1306(b)(4) of the statute and sections 200.29(c)(1) and
200.86 of the regulations require schools to first use the MEP funds, in
consultation with migrant parents, to meet the special educational needs
of migrant children before they may combine MEP funds in a schoolwide
program. The special educational needs of migrant children are: 1) the
unique needs that result from the effects of their migratory lifestyle,
and 2) those other needs that are necessary to permit these students to
participate effectively in school. The school also must document that
these needs have been met before it may combine MEP funds in a
schoolwide program.

### C5. How does a schoolwide program school identify the special educational needs of migrant children if it intends to combine MEP funds? {#c5.-how-does-a-schoolwide-program-school-identify-the-special-educational-needs-of-migrant-children-if-it-intends-to-combine-mep-funds .unnumbered}

The SEA identifies the special educational needs of migrant children on
a statewide basis through its comprehensive needs assessment. The SEA
then communicates these needs to local operating agencies, and the
school must determine whether these needs exist. If they do, the school
must use MEP funds in consultation with migrant parents to meet these
needs and document having done so. After the school meets these needs,
it may combine MEP funds with other funds in a schoolwide program.

### C6. Who determines whether MEP funds may be combined in a schoolwide program -- the school or the SEA? {#c6.-who-determines-whether-mep-funds-may-be-combined-in-a-schoolwide-program-the-school-or-the-sea .unnumbered}

The SEA provides guidance to schools regarding when it is appropriate to
combine funds in a schoolwide program. The school, in consultation with
migrant parents, determines whether it may combine MEP funds in a
schoolwide program, subject to guidance from the SEA.

## Summer and Intersession Programs

### D1. Does the statute allow the Department to provide additional MEP funding to SEAs that operate MEP summer/intersession programs?  {#d1.-does-the-statute-allow-the-department-to-provide-additional-mep-funding-to-seas-that-operate-mep-summerintersession-programs .unnumbered}

Yes. Section 1303(e)(3) of the statute allows the Department to provide
additional funds to SEAs that operate summer or intersession programs to
take into account the special educational needs of the migrant children
served and the additional costs of operating these programs.

### D2. What is a summer term? {#d2.-what-is-a-summer-term .unnumbered}

A summer term occurs only in a school that operates under a
traditional-calendar school year. (Year-round schools, for purposes of
the MEP, are not considered to have summer terms.) The summer term is
the period of time when the regular term of the school year is not in
session.

### D3. What is an "intersession"? {#d3.-what-is-an-intersession .unnumbered}

For schools on a year-round calendar, an intersession term is one of the
periods throughout the year when the school (or part of the school) is
not in session or does not provide the annual instruction analogous to
the traditional school-year regular term. Any break in the regular term
of a year-round school is considered an intersession term, regardless of
the season of the year in which it occurs.

### D4. How does a local operating agency design a summer project if it does not have information on the needs of the children it will serve before they arrive? {#d4.-how-does-a-local-operating-agency-design-a-summer-project-if-it-does-not-have-information-on-the-needs-of-the-children-it-will-serve-before-they-arrive .unnumbered}

SEAs and local operating agencies conduct needs assessments based on the
characteristics of the children expected to reside in the area that the
project will serve. Agencies may rely on past experience with similar
children who have moved to the area or other information to determine
the characteristics of the children they expect to serve.

## Serving Limited English Proficient Migrant Children

### E1. Do school districts have a responsibility to provide services to migrant students who are limited English proficient? {#e1.-do-school-districts-have-a-responsibility-to-provide-services-to-migrant-students-who-are-limited-english-proficient .unnumbered}

Yes. Title VI of the Civil Rights Act of 1964 bars discrimination on the
basis of race, color, or national origin in any program or activity that
receives Federal financial assistance. In *Lau v. Nichols*, 414 U.S. 684
(1974), the Supreme Court held that school districts must offer limited
English proficient children meaningful opportunities to participate in
the programs they offer other students. Therefore, school districts must
offer students with special language needs services that enable them to
participate meaningfully in school.

### E2. May a school district use MEP funds to meet its Title VI responsibilities? {#e2.-may-a-school-district-use-mep-funds-to-meet-its-title-vi-responsibilities .unnumbered}

No. School districts may not use MEP funds to meet their Title VI
responsibilities because this would violate the "supplement, not
supplant" requirement. (See Supplement, Not Supplant in Chapter X -- "
Fiscal Requirements.")

### E3. May an SEA or local operating agency use MEP funds to provide English language services to migrant children who are limited English proficient? {#e3.-may-an-sea-or-local-operating-agency-use-mep-funds-to-provide-english-language-services-to-migrant-children-who-are-limited-english-proficient .unnumbered}

Yes. Migrant children are designated as limited English proficient after
they have been assessed by the State selected English language
proficiency assessment. Agencies may provide these services to migrant
children who are limited English proficient if: (1) a needs assessment
demonstrates that the service is necessary to address an unmet need; and
(2) the funds are not used to enable the district to meet its Title VI
responsibilities. For example, a school may use MEP funds to hire
bilingual staff to help limited English proficient children learn
content areas such as reading and math. In addition, a school may use
MEP funds to provide English language instruction to help limited
English proficient children learn English. In both cases, the MEP
services must supplement those that the school district offers in the
regular program. (For more information on this subject, see the Title
III guidance at <http://www.ed.gov/offices/OELA>.)

## Serving Undocumented Children

### F1. Must an SEA or local operating agency serve migrant children who are not legally admitted into the U.S.?  {#f1.-must-an-sea-or-local-operating-agency-serve-migrant-children-who-are-not-legally-admitted-into-the-u.s. .unnumbered}

Yes. If these children reside within the area that the local operating
agency serves, the agency cannot deny them services on the basis that
they have not been admitted legally into the U.S. In *Plyler v. Doe*,
457 U.S. 202 (1982), the Supreme Court ruled that the U.S. Constitution
prohibits States from withholding financial support to school districts
for the education of children not legally admitted into the country, or
otherwise discriminating against these children by denying them access
to educational programs offered to children of U.S. citizens.

### F2. May a school deny children admission because they cannot meet special State or local policies that require birth certificates or social security numbers as preconditions to school enrollment?  {#f2.-may-a-school-deny-children-admission-because-they-cannot-meet-special-state-or-local-policies-that-require-birth-certificates-or-social-security-numbers-as-preconditions-to-school-enrollment .unnumbered}

Typically, State laws require the provision of a free public education
for all children who are residents of the State. Therefore, if an SEA or
local school district denies admission to children of undocumented
workers who reside in the State, it may be violating State law. Even if
this is not so, the SEA and the school district could face legal
challenges brought by migrant children and their parents who claim that
such policies violate their constitutional rights to equal protection
and due process of law.

## Serving Migrant Children With Disabilities 

### G1. What responsibilities do SEAs and local operating agencies have to serve migrant children with disabilities? {#g1.-what-responsibilities-do-seas-and-local-operating-agencies-have-to-serve-migrant-children-with-disabilities .unnumbered}

Under the Part B of the Individuals With Disabilities Education Act
(IDEA), SEAs and local districts must ensure that eligible children with
disabilities, migrant and non-migrant alike, have available a "free
appropriate public education" that includes special education and
related services to meet the unique needs of the students. In addition,
Section 504 of the Rehabilitation Act of 1973 (Section 504) provides
that qualified individuals with a disability may not be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program that receives Federal financial
assistance solely because of the individual's disability. Also, Title II
of the Americans with Disabilities Act of 1990 (Title II) prohibits
discrimination on the basis of disability by public entities, regardless
of receipt of Federal funds.

### G2. Who is eligible to receive services under IDEA? {#g2.-who-is-eligible-to-receive-services-under-idea .unnumbered}

Generally, all children with disabilities between the ages of 3 and 21,
inclusive, who need special education and related services, are
eligible. (For exceptions to this general rule, see section 612(a)(1)(B)
of IDEA.). A child with a disability is defined as a child evaluated in
accordance with procedures in 34 CFR 300.530-300.536 as having any of
the physical or mental impairments identified in 34 CFR. 300.7.

### G3. What is a "free appropriate public education" under IDEA? {#g3.-what-is-a-free-appropriate-public-education-under-idea .unnumbered}

The IDEA defines a "free appropriate public education" as special
education and related services that are designed to meet the educational
needs of preschool, elementary, and secondary school students with
disabilities as adequately as the needs of non-disabled students are
met. These services are provided at public expense and under public
supervision. They are provided in accordance with the individualized
education program (IEP), consistent with the statute and regulations.

### G4. What is an IEP? {#g4.-what-is-an-iep .unnumbered}

An IEP is a written plan that includes such matters as how the child's
disability affects his or her progress and involvement in the general
curriculum, present levels of educational performance, measurable annual
goals, benchmarks or short term objectives, and the special education
and related services and supplementary aids or services to be provided
to or on behalf of the child.

### G5. What types of services are available under IDEA? {#g5.-what-types-of-services-are-available-under-idea .unnumbered}

Special education is specially designed instruction, at no cost to the
parents, to meet the unique needs of a child with a disability including
instruction conducted in the classroom, in the home, in hospitals or
institutions, and in other settings; and instruction in physical
education. Related services are transportation and such developmental,
corrective, and other supportive services as are required to assist a
child with a disability to benefit from special education. A related
service may include speech-language pathology and audiology services,
psychological services, physical and occupational therapy, recreation,
early identification and assessment of disabilities in children,
counseling services, orientation and mobility services, medical services
for diagnostic or evaluation purposes, school health services, social
work services in schools, and parent counseling and training.

(See [http://www.nichcy.org](http://www.nichcy.org/) and
[www.ed.gov/offices/OSERS/OSEP/index.html](http://www.ed.gov/offices/OSERS/OSEP/index.html)
for IDEA guidance and more information.)

### G6. What does Section 504 require? {#g6.-what-does-section-504-require .unnumbered}

Section 504 requirements include standards for physical accessibility to
programs or activities and facilities. The Department's regulations
require school districts to provide a \"free appropriate public
education\" to each qualified student with a disability who is in the
school district's jurisdiction, regardless of the nature or severity of
the disability. The regulations define an appropriate education as the
provision of regular or special education and related aids and services
that are designed to meet the individual educational needs of students
with disabilities as adequately as the needs of non-disabled students
are met and are consistent with applicable requirements regarding
educational setting, evaluation and placement, and procedural
safeguards.

### G7. Who is protected under Section 504 and Title II? {#g7.-who-is-protected-under-section-504-and-title-ii .unnumbered}

To be protected under Section 504 and Title II, an individual must have
a disability, as defined under Section 504 and Title II. Under these
laws, a disability means: (1) having a physical or mental impairment
that substantially limits one or more major life activities; (2) having
a record of such an impairment; or (3) being regarded as having such an
impairment. To be qualified for a "free appropriate public education", a
preschool, elementary, or secondary school student with a disability
must be: (1) of an age during which nondisabled persons are provided
such services; (2) of any age during which State law requires provision
of educational services to individuals with disabilities; or (3) a
person to whom services are required under the IDEA. There may be some
students with disabilities who are not eligible for services under the
IDEA, but who may still be protected under Section 504 and Title II.
(See <http://www.ed.gov/about/offices/list/ocr> for Section 504 guidance
and more information.)

### G8. Is it appropriate to educate children with disabilities in a separate setting?  {#g8.-is-it-appropriate-to-educate-children-with-disabilities-in-a-separate-setting .unnumbered}

To the maximum extent appropriate, children with disabilities must be
educated with children who are not disabled. Special classes, separate
schooling, or other removal of children with disabilities from the
regular educational environment may occur only if the nature or severity
of the disability of the child is such that education in the regular
education classes with the use of supplementary aids and services cannot
be achieved satisfactorily. In addition, Section 504 provides that
qualified individuals with a disability may not be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program that receives Federal funds solely
because of the individual's disability. Title II also prohibits public
entities from discriminating on the basis of disability, regardless of
whether they receive Federal funds.

### G9. May the MEP serve migrant children with disabilities? {#g9.-may-the-mep-serve-migrant-children-with-disabilities .unnumbered}

Yes. SEAs and local operating agencies must coordinate their provision
of MEP services with other Federal programs, such as IDEA, in order to
increase program effectiveness. (See sections 1304(b)(1) and
1306(a)(1)(A) of the statute.) However, in providing services, agencies
must be careful not to violate the MEP's "supplement, not supplant"
requirement. Local operating agencies are required to provide migrant
children access to the same Federal, State, and locally funded services
that non-migrant children with disabilities receive to address their
needs, and may not use MEP funds to provide services that school
districts are required by law to provide through other programs.

### G10. How may a local operating agency provide MEP services to migrant children with disabilities without violating the \"supplement, not supplant\" requirement? {#g10.-how-may-a-local-operating-agency-provide-mep-services-to-migrant-children-with-disabilities-without-violating-the-supplement-not-supplant-requirement .unnumbered}

In order for a local operating agency to provide services to migrant
children with disabilities without violating the \"supplement, not
supplant\" requirement, the local operating agency must:

-   Design the program in such a way that it does not distinguish
    between disabled and non-disabled participants, but addresses the
    unique educational needs of migrant children (in accordance with MEP
    priority for service requirements);

-   Select children with disabilities for MEP services on the same basis
    as other eligible children (i.e., on the basis of unique educational
    needs and priority for services);

-   Coordinate MEP services with other services that migrant children
    with disabilities receive under Federal, State, and local programs
    in order to increase program effectiveness, eliminate duplication,
    and reduce fragmentation of the programs.

(See Chapter X -- "Fiscal Requirements" for more information on the
"supplement, not supplant" requirements.)

### G11. What is a State or local operating agency's responsibility regarding migrant children with disabilities who have not been identified as such under IDEA or Section 504? {#g11.-what-is-a-state-or-local-operating-agencys-responsibility-regarding-migrant-children-with-disabilities-who-have-not-been-identified-as-such-under-idea-or-section-504 .unnumbered}

State and local systems of activities and services related to the
identification, location, and evaluation of children with disabilities
are commonly referred to as "child find" systems. Under the IDEA, the
State must have in effect policies and procedures to ensure that all
children with disabilities residing in the State, who are in need of
special education and related services are identified, located, and
evaluated. This includes migrant children. The IDEA also requires the
State to identify the name of the State agency (if other than the SEA)
responsible for coordinating the planning and implementation of child
find, the name of each agency that participates in the planning and
implementation of child find activities and a description of the nature
and extent of their participation, and a description of how the policies
and procedures governing child find will be monitored.

Under Section 504, a recipient of Federal financial assistance that
operates a public elementary or secondary education program or activity
is required to identify and locate all children with disabilities
residing in the recipient's jurisdiction who are not receiving a public
education, and must take appropriate steps to notify individuals with
disabilities and their parents or guardians of their rights under
Section 504. In addition, all children who need or are believed to need
special education or related services must be evaluated in accordance
with the regulations. Those operating the MEP at the State or local
levels should be aware of and coordinate with the child find system at
the State and local levels. If MEP staff believe that a child may have a
disability, staff should inform the appropriate officials at the State
or local level so that the child is identified, located, and evaluated
to determine eligibility for services under the IDEA, Section 504, and
Title II.

## Serving migrant children who attend private schools

### H1. Must an SEA and local operating agency serve eligible migrant children who attend private schools? {#h1.-must-an-sea-and-local-operating-agency-serve-eligible-migrant-children-who-attend-private-schools .unnumbered}

Yes. Sections 9501 of the statute and 299.6 of the regulations require
SEAs that receive MEP funds to provide special educational services or
other benefits on an equitable basis to eligible children who are
enrolled in private schools, and to their teachers and other educational
personnel. This must be done after timely and meaningful consultation
with appropriate private school officials.

### H2. Who must comply with the consultation requirement -- the SEA or the local operating agency?  {#h2.-who-must-comply-with-the-consultation-requirement-the-sea-or-the-local-operating-agency .unnumbered}

The agency that operates the local MEP project must comply with this
requirement.

### H3. How does an agency meet the consultation requirement with private school officials? {#h3.-how-does-an-agency-meet-the-consultation-requirement-with-private-school-officials .unnumbered}

To meet this requirement, the agency must consult with private school
officials before making any decision that affects the opportunities of
eligible private school children to participate in a MEP project.
Consultation must cover all phases of the design and development of the
MEP project, including:

-   How the agency will identify the children\'s needs;

-   What services the agency will offer;

-   How and where the agency will provide those services;

-   Who will provide the services;

-   How the agency will assess the services and how it will use results
    of the assessment to improve those services;

-   Amount of funds available for services;

-   Size and scope of the services to be provided; and

-   How and when the agency will make decisions about the delivery of
    services.

### H4. Which children who attend private schools are eligible to receive MEP services? {#h4.-which-children-who-attend-private-schools-are-eligible-to-receive-mep-services .unnumbered}

Children who attend private school are eligible to receive MEP services
if they: 1) meet the statutory and regulatory definition of a migrant
child; 2) meet the priority for services criteria in section 1304(d);
and 3) have special educational needs identified through the State's
comprehensive needs assessment and service delivery plan.

### H5. May a local operating agency decide not to serve eligible migrant private school children because there are too few of them to serve? {#h5.-may-a-local-operating-agency-decide-not-to-serve-eligible-migrant-private-school-children-because-there-are-too-few-of-them-to-serve .unnumbered}

Yes. The SEA and local operating agency have the discretion to determine
what number of eligible students is too few to serve, so long as this
determination is made on an equitable basis (i.e., on the same basis as
public schools). If it is feasible and equitable, agencies may adopt
alternative methods that are cost-effective to serve small numbers, such
as individual tutoring programs, professional development activities
with the classroom teachers of eligible migrant students, or other
strategies.

### H6. If private school officials do not wish to have their children participate in the MEP, is the SEA or local operating agency still required to serve these children? {#h6.-if-private-school-officials-do-not-wish-to-have-their-children-participate-in-the-mep-is-the-sea-or-local-operating-agency-still-required-to-serve-these-children .unnumbered}

No. If, after consultation with private school officials, the officials
do not wish to have their students participate in the MEP, neither the
SEA nor the local operating agency are required to serve these children.
However, in its consultation, the local operating agency should explain
the various ways in which the agency can help provide services to
children attending private schools.

### H7. Should the SEA assess the needs of private school children residing in the State? {#h7.-should-the-sea-assess-the-needs-of-private-school-children-residing-in-the-state .unnumbered}

Yes. Through the consultation process with private school officials, the
local operating agency may assess the needs of eligible migrant children
enrolled in private schools in its service area. These children would
then be included in the statewide needs assessment.

### H8. Must the services the SEA provides private school children be the same as those it provides public school children? {#h8.-must-the-services-the-sea-provides-private-school-children-be-the-same-as-those-it-provides-public-school-children .unnumbered}

No. Although the statute and regulations require SEAs to provide
services on an equitable basis, the services do not have to be the same
in order to be equitable. If the needs assessment reveals that private
school children have different special educational needs than public
school migrant children, the services offered should address those
needs. (See 34 CFR 299.7(c).)

### H9. How does an agency determine whether services are equitable? {#h9.-how-does-an-agency-determine-whether-services-are-equitable .unnumbered}

Section 299.7(b)(2) of the regulations provides that services are
equitable if the agency:

1.  Addresses and assesses the specific needs and educational progress
    of private school children on a comparable basis as public school
    children;

```{=html}
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```
64. Determines the number of students to be served on an equitable
    basis;

65. Meets the equal expenditure requirements; and

66. Provides private school children with an opportunity to participate
    that --

-   Is equitable to the opportunity and benefits provided to public
    school children; and

-   Provides reasonable promise that participating private school
    children will meet the challenging academic standards called for by
    the State's student performance standards (or equivalent standards
    applicable to private school children and agreed upon during
    consultation between public and private school officials).

### H10. What happens if, after offering to provide equitable services to private school children, participation is low or the children participate only in some of the services? {#h10.-what-happens-if-after-offering-to-provide-equitable-services-to-private-school-children-participation-is-low-or-the-children-participate-only-in-some-of-the-services .unnumbered}

If the private school children's participation is low or they choose to
participate only in some of the services the agency offers, the agency
should examine why this is so and, if appropriate, modify the project in
a manner that increases participation. If modification of the project
does not increase participation and the agency determines that it is not
cost-effective to provide services, the agency may terminate the
services, so long as this decision is made on an equitable basis. (See
Question G5 of this chapter.)

### H11. If children reside in a geographical area served by one local operating agency but their school is located in a geographical area served by another agency, which agency is responsible for serving them? {#h11.-if-children-reside-in-a-geographical-area-served-by-one-local-operating-agency-but-their-school-is-located-in-a-geographical-area-served-by-another-agency-which-agency-is-responsible-for-serving-them .unnumbered}

The local operating agency that serves the geographical area where the
school is located is responsible for serving the children. (See section
9501(a)(1) of the statute.)

### H12. How might an SEA ensure that local operating agencies collaborate with private school officials to provide appropriate services to migrant children enrolled in private schools? {#h12.-how-might-an-sea-ensure-that-local-operating-agencies-collaborate-with-private-school-officials-to-provide-appropriate-services-to-migrant-children-enrolled-in-private-schools .unnumbered}

An SEA might use its subgrant application process as one way to ensure
that local operating agencies consult with private school officials in
providing services to eligible migrant children. For example, the SEA
could establish procedures for refusing to award a subgrant unless the
application addresses whether and how the local operating agency
consulted with private school officials in designing and developing its
migrant education project. Alternatively, the SEA might use its
monitoring process to ensure that local operating agencies meet this
requirement.

### H13. May MEP personnel go on the premises of religiously affiliated private schools to provide MEP instructional services?  {#h13.-may-mep-personnel-go-on-the-premises-of-religiously-affiliated-private-schools-to-provide-mep-instructional-services .unnumbered}

Yes. MEP personnel may provide direct services to eligible private
school migrant students on site at private schools, including
religiously affiliated schools.

### H14. What can a small rural local operating agency with a small MEP allocation do to provide equitable services to private school children? {#h14.-what-can-a-small-rural-local-operating-agency-with-a-small-mep-allocation-do-to-provide-equitable-services-to-private-school-children .unnumbered}

Rural local operating agencies may have special problems because of
small allocations, large distances between private schools, and few
locations to provide services. These agencies may consider leasing
rather than purchasing equipment, renting a neutral site, or using home
tutoring to provide equitable services. They may also consider setting
up a joint project with neighboring operating agencies and submitting a
combined application.

# COORDINATION

The term \"coordination\" refers to different yet related aspects of the
MEP. These aspects include:

-   Planning and carrying out programs and projects in coordination with
    other local, State, and Federal programs;

-   Interstate and intrastate coordination between States and local
    operating agencies to ensure the continuity of services for children
    who migrate from one State or school district to another, including
    but not limited to, the transfer of student records; and

-   Grants or contracts provided under section 1308 to improve
    coordination activities among educational programs that serve
    migrant children.

This chapter discusses these coordination requirements of the MEP in
more detail.

#### Statutory Requirements:  {#statutory-requirements-5 .unnumbered}

Title I, Part C, Sections 1304 (b)(1)(B) and (C); 1304 (b)(3);
1304(c)(1)(B); 1306(a)(1)(A), (F), and (G); 1308(a), (b) and (d);
Section 3124 of Title III, Part A

## Coordination With Other Programs

### A1. What does the statute require with regard to coordination of the MEP with other programs?  {#a1.-what-does-the-statute-require-with-regard-to-coordination-of-the-mep-with-other-programs .unnumbered}

Sections 1304(b) and 1306(a) of the statute require SEAs to identify and
address the special educational needs of migrant children by providing
them a full range of services from appropriate local, State, and Federal
educational programs. In providing these services, SEAs must plan
jointly with local, State, and Federal programs and must integrate the
MEP with services provided by other programs.

### A2. Why should SEAs coordinate MEP services with other programs? {#a2.-why-should-seas-coordinate-mep-services-with-other-programs .unnumbered}

By coordinating with other programs, SEAs ensure that the needs of
migrant children are met through a variety of sources in a way that
leverages other program funds and optimizes the use of MEP funds for the
unique needs of migrant children.

### A3. How does an SEA meet the requirement of providing a full range of services to migrant children?  {#a3.-how-does-an-sea-meet-the-requirement-of-providing-a-full-range-of-services-to-migrant-children .unnumbered}

The SEA must determine the children's needs and identify all the
available services that address these needs. The SEA should then
coordinate with those programs and agencies that provide services that
meet the identified needs and help ensure that migrant children have
access to appropriate programs and services.

### A4. Many migrant children are also eligible to receive services under the Title I, Part A program. How does an LEA determine whether migrant children should receive Title I, Part A services?  {#a4.-many-migrant-children-are-also-eligible-to-receive-services-under-the-title-i-part-a-program.-how-does-an-lea-determine-whether-migrant-children-should-receive-title-i-part-a-services .unnumbered}

Section 1112(b)(1)(J) requires LEAs to ensure that eligible migrant
children and formerly migrant children are selected to receive Title I,
Part A services on the same basis as other eligible children. In a
schoolwide program, sections 1114(b)(1)(B)(i) and (iii) of the statute
require schools to implement reform strategies that address the needs of
***all*** children in the school. In a targeted assistance school,
section 1115(b)(2)(A) of the statute provides that migrant children are
eligible to participate in the Title I, Part A program on the same basis
as other eligible children.

### A5. Many migrant children are eligible for services under Title III because they are limited English proficient. Are LEAs required to serve these children with Title III funds? {#a5.-many-migrant-children-are-eligible-for-services-under-title-iii-because-they-are-limited-english-proficient.-are-leas-required-to-serve-these-children-with-title-iii-funds .unnumbered}

Yes. If the LEA qualifies for a Title III subgrant, migrant children who
are limited English proficient must be selected to receive Title III
services on the same basis as all other limited English proficient
children. Limited English proficiency is determined by the definition in
Title IX and by a student's performance on the State selected English
proficiency assessment required under Title I, Part A and Title III.

### A6. Are programs administered under Title I, Part A and Title III required by law to coordinate services with the MEP? {#a6.-are-programs-administered-under-title-i-part-a-and-title-iii-required-by-law-to-coordinate-services-with-the-mep .unnumbered}

Yes. Section 1112(b)(1)(E)(ii) of the statute requires LEAs to
coordinate and integrate Title I, Part A services with programs that
serve migrant children. Also, sections 3113(b)(4) and 3124 require SEAs
to coordinate Title III programs with other appropriate programs.

### A7. What are some Federal programs with which SEAs and local operating agencies should coordinate MEP services? {#a7.-what-are-some-federal-programs-with-which-seas-and-local-operating-agencies-should-coordinate-mep-services .unnumbered}

SEAs and local operating agencies need to consider a full range of
Federal programs and carefully determine which ones to coordinate with
in order to maximize the quality and access of educational opportunities
for migrant children. For examples of such programs at the Department of
Education, Department of Labor, Department of Agriculture, and
Department of Health and Human Services, see Table 1 on page 141.

### A8. Are there other agencies and organizations that offer services that may benefit MEPs operated at the State or local levels? {#a8.-are-there-other-agencies-and-organizations-that-offer-services-that-may-benefit-meps-operated-at-the-state-or-local-levels .unnumbered}

Yes. The Office of Migrant Education has compiled a national directory
of organizations that provide services to migrant and seasonal
farmworkers and their families. A copy of this directory is available
from the Department's Publication Center (ED Pubs) upon request. ED Pubs
can be reached by telephone at 1-877-433-7827 or publications can be
ordered online at
<http://www.edpubs.ed.gov/webstore/Content/search.asp>. The directory
may also be downloaded from the OME website at:
<http://www.ed.gov/programs/mep/resources.html> or
[http://www.ed.gov/programs/mep/resources.html -
pubs](http://www.ed.gov/programs/mep/resources.html#pubs).

### A9. How should an SEA or local operating agency coordinate with other agencies? {#a9.-how-should-an-sea-or-local-operating-agency-coordinate-with-other-agencies .unnumbered}

An SEA or local operating agency may identify a need for coordination
from the results of its annual comprehensive needs assessment or
because, in the course of designing its program, it learns that certain
services are available through another organization. After identifying
the needs and potential services or resources, the SEA or local
operating agency should contact the appropriate staff from the other
organizations to discuss the types of services that they could
coordinate. If the discussion results in a formal agreement or letter of
understanding, the agreement should specify the services that each
program will provide.

SEAs should communicate on an on-going basis with the organizations that
they coordinate with to strengthen cross-program planning and to tap
into different resources regarding the location and needs of migrant
families. This communication may occur through regular meetings or
through an interagency coordinating council, if one exists within the
State.

## Interstate and Intrastate Coordination

### B1. What does the statute require in terms of interstate and intrastate coordination? {#b1.-what-does-the-statute-require-in-terms-of-interstate-and-intrastate-coordination .unnumbered}

Section 1304(b)(3) requires SEAs to use MEP funds to promote interstate
and intrastate coordination of services to migrant children. This effort
must include, but is not limited to, providing educational continuity
through the timely transfer of pertinent school records, including
health information.

###  B2. Why is interstate and intrastate coordination an important aspect of the MEP? {#b2.-why-is-interstate-and-intrastate-coordination-an-important-aspect-of-the-mep .unnumbered}

Interstate and intrastate coordination helps reduce the effects of
educational disruption that migrant children suffer as a result of
repeated moves. Specific examples of coordination activities are
provided in Question B6 below.

### B3. What is meant by interstate coordination? {#b3.-what-is-meant-by-interstate-coordination .unnumbered}

*Interstate* coordination refers to collaborative activities undertaken
by two or more States to improve the education of migrant children in
those States. Ideally, this term refers to the collaborative activities
that two or more States assume to improve the education of migrant
children who move between those States.

### B4. What is intrastate coordination? {#b4.-what-is-intrastate-coordination .unnumbered}

*Intrastate* coordination refers to efforts involving two or more local
operating agencies within a State to improve educational services to
migrant children in that State. The SEA may facilitate these efforts
among local operating agencies or the local operating agencies may
conduct them directly.

### B5. What are some interstate and intrastate coordination services? {#b5.-what-are-some-interstate-and-intrastate-coordination-services .unnumbered}

Interstate and intrastate coordination strategies may include, but are
not limited to, the following types of services between and among local
operating agencies and SEAs:

-   Notifying \"receiving\" school districts about migrant families who
    have moved to those districts;

-   Promoting the exchange of student educational records;

-   Developing academic credit accrual and academic credit exchange
    programs;

-   Collaborating in the development of summer-term project curriculum;

-   Exchanging teachers and teaching materials;

-   Implementing a dropout prevention program in two or more States; and

-   Exchanging information on health screenings and health problems that
    interrupt a student\'s education;

-   Meeting with other States to discuss issues related to the MEP
    (e.g., how to implement the changes in the new law; how best to
    serve secondary students; how to develop a subgrant process that
    comports with the law); and

-   Meeting with other States to develop a Comprehensive Needs
    Assessment Pilot, which all States may use as a model to implement
    this requirement.

### B6. What are some examples of these services?  {#b6.-what-are-some-examples-of-these-services .unnumbered}

A study that the Department conducted of coordination efforts in the MEP
found that States generally focus on four areas to promote the
continuity of education for migrant students: (1) alignment of district
policies, (2) improved student information exchange and access, (3)
staff resources to promote academic credit accrual, and (4)
opportunities for supplemental instruction. For example:

-   *Alignment*. Limited English proficient students in a new school are
    placed in the same type of English acquisition program as in their
    home base school; States compare individual language assessment
    scores to place migrant students in the same types of coursework;
    and States agree on common grade placement policies.

-   *Information*. Districts implement such information systems as the
    Texas Migrant Interstate Project, the New Generation System, the Red
    Bag Transfer Packet System, or an e-mail system to improve student
    information exchange and access to student academic data. These
    systems rely on a combination of information technologies and
    technical assistance and staff support.

-   *Academic Credit*. To promote secondary credit accrual, particular
    staff members communicate with other districts to determine
    appropriate courses for credit accrual purposes; calculate and award
    partial credit; and follow up on attendance data, grades, and credit
    accrual information that is sent to other districts.

-   *Supplemental Instruction*. There are two basic strategies in
    providing supplemental instruction: (1) offer flexible courses of
    study that help secondary students accelerate course completion or
    finish incomplete courses (the newest versions of these courses use
    technology -- e.g., desktop computer labs, portable laptop
    computers, and satellite technology -- to deliver instruction);
    and (2) provide migrant students with additional instructional time,
    in the summer, in the evening, or during the school day.

## Section 1308 -- Coordination of MEP Activities

### C1. What are the coordination requirements of Section 1308? {#c1.-what-are-the-coordination-requirements-of-section-1308 .unnumbered}

Section 1308 of the statute allows the Department to reserve "not more
than \$10 million" of the total amount appropriated for the MEP to
support and conduct activities that will improve coordination.

-   Section 1308(a) authorizes the Department, in consultation with the
    States, to award special grants or contracts to SEAs, LEAs,
    institutions of higher education, and other public and private
    nonprofit entities to improve interstate and intrastate
    coordination.

-   Section 1308(b) requires the Department to assist States in
    developing effective methods for the electronic transfer of student
    records and determining the number of migrant children in each
    State.

-   Section 1308(d) authorizes the Department to award up to \$3 million
    per year for consortium incentive grants that focus on improving the
    delivery of services to migrant children whose education is
    interrupted.

### C2. Why are the coordination activities under section 1308 important? {#c2.-why-are-the-coordination-activities-under-section-1308-important .unnumbered}

The coordination activities under section 1308 are important because
they allow the Department to focus on coordination efforts of national
importance and encourage the participation of States in those efforts.
This allows the Department to play a leadership role in facilitating
coordination activities beyond those carried out by States under section
1304.

### C3. How does the Department determine the areas in which to focus grants or contracts under Section 1308(a)? {#c3.-how-does-the-department-determine-the-areas-in-which-to-focus-grants-or-contracts-under-section-1308a .unnumbered}

The Department considers areas that may be addressed more efficiently
and effectively through a coordinated national effort than through
individual State efforts and then consults with the States before making
final decisions on what projects to fund. For example, the Department
has awarded funds to support: (1) a logistics contract that allows State
directors and key State staff to meet on coordination issues that are of
national importance; (2) the National Identification and Recruitment
Hotline; (3) the U.S.-- Mexico Binational initiative; (4) the
Identification and Recruitment initiative; and (5) the Comprehensive
Needs Assessment pilot initiative.

### C4. What is an incentive grant under section 1308(d)? {#c4.-what-is-an-incentive-grant-under-section-1308d .unnumbered}

An incentive grant (commonly referred to as a consortium incentive
grant) is a discretionary grant that the Department may award to SEAs
that propose a consortium agreement with another State or with another
appropriate entity, as determined by the Department. The purpose of the
consortium is to improve the delivery of services to migrant children
whose education is interrupted.

### C5. What is a consortium? {#c5.-what-is-a-consortium .unnumbered}

A consortium is an association or partnership between two or more SEAs
or between an SEA and another appropriate entity or entities that is
formed to promote a specific objective.

## Transfer of Student Records

### D1. What does the statute require regarding the transfer of student records? {#d1.-what-does-the-statute-require-regarding-the-transfer-of-student-records .unnumbered}

Section 1304(b)(3) requires SEAs to promote interstate and intrastate
coordination by providing for educational continuity through the timely
transfer of pertinent school records (including health information) when
children move from one school to another, whether or not the move occurs
during the regular school year.

### D2. Why is this requirement an important aspect of the MEP?  {#d2.-why-is-this-requirement-an-important-aspect-of-the-mep .unnumbered}

The timely transfer of student records can be an effective means of
reducing the effects of educational disruption on migrant students. It
enables school officials (e.g., school registrars, teachers, and
guidance counselors) to make appropriate decisions regarding a student's
enrollment in school, grade placement, and academic plan (including, but
not limited to, credit accrual and exchange).

### D3. How do SEAs comply with this requirement? {#d3.-how-do-seas-comply-with-this-requirement .unnumbered}

SEAs or local operating agencies must request the records of eligible
migrant children who arrive in their State or district and must transmit
records of those migrant children who move out of their State or
district to another location in a timely manner.

### D4. What methods do SEAs currently use to transfer student records? {#d4.-what-methods-do-seas-currently-use-to-transfer-student-records .unnumbered}

Typically, SEAs or local operating agencies obtain student records from
local schools and either mail or fax them to the requesting State or
district. Most SEAs also have migrant student records systems that
maintain basic educational and health information on all migrant
students identified within the State. Many, but not all, of these
systems are maintained electronically and, in some cases, migrant
student records are shared electronically among States.

### D5. Will SEAs be required to develop effective methods for electronic transfer of migrant student records?  {#d5.-will-seas-be-required-to-develop-effective-methods-for-electronic-transfer-of-migrant-student-records .unnumbered}

Yes. Section 1308(b)(1) of the statute requires the Department to assist
States in providing for the electronic transfer of migrant student
records.

### D6. Will SEAs be required to link migrant student record systems for the purpose of electronically exchanging health and educational information regarding migrant children among States? {#d6.-will-seas-be-required-to-link-migrant-student-record-systems-for-the-purpose-of-electronically-exchanging-health-and-educational-information-regarding-migrant-children-among-states .unnumbered}

Yes. Section 1308(b)(2) requires the Department to ensure the linkage of
migrant student record systems for this purpose. The statute requires
the Department to consult with States in performing this task. The
Department is currently in the process of developing and implementing
this requirement.

### D7. If a parent or guardian refuses to permit the transfer of a child\'s records, does the refusal affect the child\'s eligibility for services? {#d7.-if-a-parent-or-guardian-refuses-to-permit-the-transfer-of-a-childs-records-does-the-refusal-affect-the-childs-eligibility-for-services .unnumbered}

No, such a child remains eligible for services.

### D8. What is the Family Educational Rights and Privacy Act of 1974 (FERPA) and how does it affect an agency\'s decision to transfer a child\'s academic records to another educational agency through the State's records transfer system?  {#d8.-what-is-the-family-educational-rights-and-privacy-act-of-1974-ferpa-and-how-does-it-affect-an-agencys-decision-to-transfer-a-childs-academic-records-to-another-educational-agency-through-the-states-records-transfer-system .unnumbered}

FERPA (Section 444 of the General Education Provisions Act) is a Federal
statute that establishes the rights of parents to examine and question
the content of their children\'s school records and restricts the
transfer of school records without parental permission. It applies to
any local educational agency that receives Federal funds. One exception
to the restriction on the transfer of school records without parental
consent is if the local educational agency transfers the records to
other school officials within the agency (whom the agency has determined
to have legitimate educational interests) or to officials of another
school, school system, or institution of postsecondary education where
the student seeks or intends to enroll. (See 34 CFR 99.31.) This
exception applies only if the local operating agency notifies parents
annually of this policy.

This exception does not apply to SEAs that maintain educational records
in a paper or electronic format and wish to transfer such records to
another State or local operating agency. In this case, the SEA must
obtain parental consent before it transfers the records. Under FERPA,
parents have a right to be notified of the transfer, receive a copy of
the record if desired, and have an opportunity for a hearing to
challenge the content of the record.

**D9. May a local operating agency release migrant student records to
the SEA without parental consent?**

Yes. FERPA provides that parental consent is not required when the
disclosure is to authorized representatives of State and local
educational agencies for purposes of the enforcement of or compliance
with Federal legal requirements which relate to the program. (See 34 CFR
99.35.)

# PARENTAL INVOLVEMENT

Parental involvement is an integral part of all Title I programs,
including the MEP. Research shows that parents play a significant role
in the academic achievement of their children. Therefore, it is
important for parents and schools to develop partnerships and build
ongoing dialogues to improve student achievement. Title I supports
parental involvement by enlisting individual parents to help their
children do well in school. In order to receive MEP funds, SEAs and the
local operating agencies must implement programs, activities, and
procedures that effectively involve migrant parents. An SEA must: 1)
develop its comprehensive State plan in consultation with parents; 2)
consult with parent advisory councils (PACs) regarding programs that are
one school year in duration; and 3) plan and operate the MEP in a manner
that provides for the same parental involvement as is required in
section 1118.

This chapter discusses the parental involvement requirements in more
detail.

#### Statutory Requirements:  {#statutory-requirements-6 .unnumbered}

Section 1118 of Title I, Part A and sections 1304(c)(3) and
1306(a)(1)(B)(ii) of Title 1, Part C

#### Regulatory Requirements:  {#regulatory-requirements-5 .unnumbered}

34 CFR 200.83(b)

## Parent Consultation in MEP Planning and Operation

### A1. Are SEAs and local operating agencies required to consult with parents in planning the MEP? {#a1.-are-seas-and-local-operating-agencies-required-to-consult-with-parents-in-planning-the-mep .unnumbered}

Yes. Pursuant to section 1304(c)(3), SEAs and local operating agencies
must consult with parent advisory councils in planning and operating the
MEP if they operate programs of one school year in duration. The statute
also requires the MEP provide for the same parental involvement as is
required in section 1118, unless extraordinary circumstances make such
provision impractical. This provision requires SEAs and local operating
agencies to involve parents, in an organized, ongoing, and timely way,
in the planning, review, and improvement of the MEP. (See section
1118(c)(3) of the statute.) In addition, section 200.83(b) of the
regulations requires SEAs to develop the comprehensive State plan in
consultation with the State parent advisory council if the program is
one school year in duration. If the program is less than one school year
in duration, the SEA must consult with migrant parents.

### A2. Why is parental consultation in planning the MEP important at the State and local level? {#a2.-why-is-parental-consultation-in-planning-the-mep-important-at-the-state-and-local-level .unnumbered}

As the first teachers of their children, parents know the needs of their
children best and can provide insight into their children's strengths
and weaknesses. As such, migrant parents can play a pivotal role in
planning the educational programs and projects in which their children
participate. Involving migrant parents in planning the MEP also builds
their capacity to assist in their children's learning at home. In
addition, parental involvement in the planning of the program enables
parents to understand the program and have informed conversations with
MEP and school staff regarding their children's education. Through their
participation in the planning process, migrant parents are also more
likely to become advocates and supporters of the program because they
have a personal stake in its success.

## Parent Advisory Councils 

### B1. When is an SEA and local operating agency required to establish a parent advisory council (PAC)? {#b1.-when-is-an-sea-and-local-operating-agency-required-to-establish-a-parent-advisory-council-pac .unnumbered}

Section 1304(c)(3) of the statute requires SEAs and local operating
agencies to establish and consult with PACs in planning and operating
MEP programs and projects of one school year in duration.

### B2. What is the function of a PAC? {#b2.-what-is-the-function-of-a-pac .unnumbered}

A PAC advises the SEA and its local operating agency on concerns of
migrant parents that relate to the planning, operation, and evaluation
of MEP programs and projects in which their children participate. In
particular, the SEA and local operating agency must consult with the PAC
about: (1) the comprehensive assessment of the needs of migratory
children to be served; and (2) the design of the comprehensive service
delivery plan.

### B3. Section 1304(c)(3) of Title I requires that PACs must be established only for \"programs extending for one school year of duration.\" What does this mean? {#b3.-section-1304c3-of-title-i-requires-that-pacs-must-be-established-only-for-programs-extending-for-one-school-year-of-duration.-what-does-this-mean .unnumbered}

The Department interprets this phrase to mean a program or project that
provides instructional or support services to migrant children and their
families *throughout* the regular school year (i.e., generally,
September through June or as otherwise defined by the State). This
requirement applies to both SEAs and local operating agencies.

### B4. Must a project that operates only in the summer and fall establish a PAC?  {#b4.-must-a-project-that-operates-only-in-the-summer-and-fall-establish-a-pac .unnumbered}

No. While such a project operates *during* the regular school year, it
does not operate *throughout* the regular school year. Therefore, the
project is not required to have a PAC.

### B5. Who is eligible to be a member of a PAC? {#b5.-who-is-eligible-to-be-a-member-of-a-pac .unnumbered}

Parents or guardians of eligible migrant children and individuals who
represent the interests of such parents are eligible to serve as PAC
members.

### B6. How may an SEA and local operating agency select PAC members? {#b6.-how-may-an-sea-and-local-operating-agency-select-pac-members .unnumbered}

SEAs and local operating agencies should try to select PAC members that
are a representative sample of migrant parents. Although there are a
number of ways to select PAC members, to the extent feasible, parents of
eligible migrant children should elect members of the PAC. The SEA might
arrange for local PACs to elect members to the State PAC. In some
instances, elections may not be possible because migrant families are
very mobile. If elections are not possible, the SEA or local operating
agency may select members by appointing volunteers or those nominated by
other parents, teachers, or administrators. In any event, the method the
SEA or local operating agency selects should provide for maximum
parental participation.

### B7. Are there any "formal" procedures or scheduling requirements that govern PAC meetings? {#b7.-are-there-any-formal-procedures-or-scheduling-requirements-that-govern-pac-meetings .unnumbered}

No. However, the SEA and local operating agency should establish
appropriate procedures and schedules that support effective consultation
with the PAC in the planning, operation, and evaluation of each MEP
program or local project.

### B8. How may SEAs and local operating agencies facilitate effective participation of PAC members at meetings? {#b8.-how-may-seas-and-local-operating-agencies-facilitate-effective-participation-of-pac-members-at-meetings .unnumbered}

Agencies should provide parents the meeting location, time, and agenda
well in advance. Meeting times should be convenient for parents and
accommodate their work schedules. The SEA or local operating agency may
provide transportation, childcare, or other reasonable and necessary
costs to facilitate attendance. Meeting agendas, minutes, and other
materials should be in a language and format that parents understand.
Meeting rules should support open discussion.

###  B9. Must the MEP comprehensive State plan include names of parents specifically involved in the planning, design, and implementation of the project? {#b9.-must-the-mep-comprehensive-state-plan-include-names-of-parents-specifically-involved-in-the-planning-design-and-implementation-of-the-project .unnumbered}

No. Although section 200.83(b) of the regulations requires SEAs to
develop the comprehensive State plan in consultation with the State PAC
(or migrant parents, if the program is less than one school year in
duration), SEAs do not have to include the names of parents who were
involved in this process.

### B10. What are the SEA and local operating agency\'s responsibilities if they are unable, after diligent efforts, to maintain a functioning PAC due to lack of participation? {#b10.-what-are-the-sea-and-local-operating-agencys-responsibilities-if-they-are-unable-after-diligent-efforts-to-maintain-a-functioning-pac-due-to-lack-of-participation .unnumbered}

Agencies should pursue all reasonable avenues of obtaining and reviving
PAC participation before deciding that maintaining a functioning PAC is
not possible. The State and local operating agency should maintain
records of their ongoing efforts to maintain or establish a PAC.

### B11. May MEP funds be used to pay the reasonable and necessary expenses that PAC members incur to attend PAC meetings? {#b11.-may-mep-funds-be-used-to-pay-the-reasonable-and-necessary-expenses-that-pac-members-incur-to-attend-pac-meetings .unnumbered}

Yes.

### B12. May MEP funds be used to compensate PAC parent members for *lost wages* incurred to attend PAC meetings? {#b12.-may-mep-funds-be-used-to-compensate-pac-parent-members-for-lost-wages-incurred-to-attend-pac-meetings .unnumbered}

Yes. If necessary, MEP funds may be used to reimburse PAC *parents* *or
guardians* *of eligible migrant children* (but not other members of the
PAC) for lost wages incurred in attending a PAC meeting.

### B13. May MEP funds be used to pay *expenses* of PAC members who are not the parents or guardians of eligible migrant children? {#b13.-may-mep-funds-be-used-to-pay-expenses-of-pac-members-who-are-not-the-parents-or-guardians-of-eligible-migrant-children .unnumbered}

Yes. All participating members of the PAC, including teachers and other
State operating agency personnel who have been chosen by the parents of
migrant children, may receive reimbursement for their expenses.

### B14. Does having a PAC meet all the requirements of Section 1118? {#b14.-does-having-a-pac-meet-all-the-requirements-of-section-1118 .unnumbered}

No. However, *an active* PAC may be an appropriate focal point of an
agency\'s parental involvement efforts. For example, these PACs may be
used to:

-   Ensure full parental participation in MEP project planning, design,
    and implementation;

-   Convene an annual meeting of parents, at which school officials
    explain the MEP projects; and

-   Provide opportunities for regular parent meetings to gather input.

To the extent that the SEA or local operating agency relies on a PAC to
assist in meeting some of its responsibilities for parental involvement,
it must also ensure the participation of individual parents through the
policy involvement, shared responsibility, and capacity-building
activities under section 1118.

### B15. Are there any parental involvement requirements under section 1118 that cannot be implemented through a PAC? {#b15.-are-there-any-parental-involvement-requirements-under-section-1118-that-cannot-be-implemented-through-a-pac .unnumbered}

Yes. For example, section 1118 requires school officials to provide
parents with reports on their children\'s progress and to make teachers
and other staff available to them for regular meetings. SEAs and local
operating agencies cannot accomplish this through PAC meetings or other
group sessions. These activities require contact with individual
parents.

## Parental Involvement Activities under Section 1118

### C1. What does the statute require regarding parental involvement? {#c1.-what-does-the-statute-require-regarding-parental-involvement .unnumbered}

Section 1304(c)(3)(a) requires an SEA and local operating agency to
conduct parental involvement activities "in a manner that provides for
the same parental involvement as is required for programs and projects
under section 1118, unless extraordinary circumstances make such
provision impractical." The statute also requires parental involvement
activities to be conducted in a format and language understandable to
parents.

### C2. Is this requirement different than before?  {#c2.-is-this-requirement-different-than-before .unnumbered}

Yes. The parental involvement requirement in 1304(c)(3)(a) is stricter
than in past years. Before, an SEA and local operating agency only had
to carry out the MEP "in a manner consistent with" section 1118 "to the
extent feasible." The current language of the statute creates a higher
standard for complying with parental involvement requirements. Now,
absent extraordinary circumstances, an SEA and local operating agency
must follow the requirements of section 1118 to be in compliance with
section 1304(c)(3)(a).

### C3. What does section 1118 require? {#c3.-what-does-section-1118-require .unnumbered}

In general, section 1118 requires:

-   A written parental involvement policy;

-   Policy involvement of parents in an organized, ongoing, and timely
    way in the implementation of the MEP;

-   Development of a school-parent compact in order to share the
    responsibility for high student academic achievement;

-   Capacity building of parents and school staff for strong parental
    involvement; and

-   Effective access to parental involvement activities.

### C4. May MEP funds be used to support parental involvement activities required by section 1118? {#c4.-may-mep-funds-be-used-to-support-parental-involvement-activities-required-by-section-1118 .unnumbered}

Yes. MEP funds may be used to pay the cost of parental involvement
activities, such as: parent conferences; resource centers; training
programs (including expenditures associated with attending such
programs); reporting to parents on children\'s progress; hiring,
training, and use of parental involvement liaison workers; training
personnel, including pupil services personnel; providing school-to-home
complementary curricula and materials in implementing home-based
educational activities; providing timely information on the MEP and
responses to parent recommendations; and soliciting parents\'
suggestions in the planning, development, and operation of MEP projects.

### C5. May MEP funds be used to support parents\' attendance at workshops and conferences?  {#c5.-may-mep-funds-be-used-to-support-parents-attendance-at-workshops-and-conferences .unnumbered}

Yes. An SEA and local operating agency may use MEP funds for costs that
are reasonable and necessary to support the attendance of migrant
parents at workshops and conferences that enable them to participate
more effectively in the local program or to conduct home-based
educational activities. The SEA and local operating agency should
develop criteria, in consultation with parents, to determine the
reasonable number of parents who may attend national meetings. Upon
return, attendees should provide information and, if possible, training
on the conference topics to other migrant parents.

### C6. May parents be paid a wage or stipend to attend parental involvement activities or meetings? {#c6.-may-parents-be-paid-a-wage-or-stipend-to-attend-parental-involvement-activities-or-meetings .unnumbered}

No. The statute does not authorize a local operating agency to pay wages
to a parent to attend a meeting or training session, or to reimburse a
parent for salary lost due to attendance at general parental involvement
activities. Parental involvement expenditures are limited to actual
expenses that a parent may incur. (Note: The rules differ for members of
parent advisory councils. See Question B12 of this chapter.)

### C7. May MEP funds be spent for food and refreshments provided during parent meetings or training? {#c7.-may-mep-funds-be-spent-for-food-and-refreshments-provided-during-parent-meetings-or-training .unnumbered}

Yes. Reasonable expenditures for refreshments or food, particularly when
such meetings extend through mealtime, are allowable.

### C8. May parents serve as classroom aides and tutors? {#c8.-may-parents-serve-as-classroom-aides-and-tutors .unnumbered}

Yes. However, parents with instructional duties who are paid to work in
a schoolwide school or who are paid with Title I, Part A funds to work
in Title I targeted assistance program must meet the paraprofessional
education qualification requirements of section 1119. These requirements
do not apply to parents who volunteer for such duties. (See Title I,
Part A guidance on paraprofessionals available on the Department's
website at <http://www.ed.gov/policy/elsec/guid/paraguidance.pdf>.)

# PROGRAM EVALUATION 

States are required to evaluate the effectiveness of the MEP and to
provide guidance to their local projects on how to conduct local
evaluations. Evaluations allow SEAs and local operating agencies to: (1)
determine whether the program is effective and document its impact on
migrant children; (2) improve program planning by comparing the
effectiveness of different types of interventions; (3) determine the
degree to which projects are implemented as planned and identify
problems that are encountered in program implementation; and (4)
identify areas in which children may need different MEP services. A
proper evaluation can provide powerful information regarding how best to
use MEP funds to achieve the desired result.

This chapter addresses these and other aspects of evaluation under the
MEP. The chapter is designed to help State and local project
administrators understand the legal requirements in this area and to
help them implement effective evaluation strategies.

#### Statutory Requirements:  {#statutory-requirements-7 .unnumbered}

Title I, Part C, Sections 1301(4); 1303(e); 1304(b)(1) and (2);
1304(c)(5); 1304(d); 1306(a)(1)(C) and (D)

#### Regulatory Requirements:  {#regulatory-requirements-6 .unnumbered}

34 CFR 200.1-200.8; 200.83; 200.84; 200.85

## General Evaluation Requirements

### A1. What does "evaluation" mean? {#a1.-what-does-evaluation-mean .unnumbered}

Evaluation means systematically and methodically collecting information
about a program or some aspect of a program in order to improve the
program or make decisions about the merit or worth of the program.

### A2. What types of evaluations does an SEA have to conduct? {#a2.-what-types-of-evaluations-does-an-sea-have-to-conduct .unnumbered}

There are two types of evaluations that SEAs must conduct: 1) an
evaluation that examines program *implementation*, and 2) an evaluation
that examines program *results*. (See 34 CFR 200.84.) The type of
evaluation that a program administrator undertakes depends on what the
administrator wants to learn about the program.

### A3. What is an evaluation that examines program implementation? {#a3.-what-is-an-evaluation-that-examines-program-implementation .unnumbered}

An evaluation that examines program implementation is typically
conducted while a program is in operation to provide information on how
the program may be improved. For example, a project administrator may
want to investigate whether a new or re-designed project is being
implemented as described in the approved application and to examine
problems that the project is encountering in the implementation. The
evaluator might use tools like structured observations or surveys to
answer questions like: (1) Was the project implemented as described in
the approved project application? If not, what changes were made? (2)
What worked in the implementation? (3) What problems did the project
encounter? and (4) What improvements can be made?

Evaluations that examine program implementation provide early feedback
to administrators, who use the information to improve or strengthen the
project by reallocating resources, including time and money, into the
most productive uses. Examples of common improvements include providing
more or better training, changing instructional materials, changing
inefficient or burdensome operating procedures, and strengthening
administrative support.

### A4. What is an evaluation that examines program results?  {#a4.-what-is-an-evaluation-that-examines-program-results .unnumbered}

An evaluation that examines program results is conducted for the purpose
of making a judgment regarding the merit or worth of a program or some
aspect of a program. For example, an SEA may want to: (1) determine
whether a particular instructional or support service model that has
been in use in the State for some time is achieving the desired results,
or (2) compare the results of several interventions to see which one is
the most effective. The evaluator would use valid and reliable measures
to answer questions like: (1) What results have occurred? (2) With whom?
(3) Under what conditions? (4) With what training? and (5) At what cost?

For purposes of the MEP, an evaluation that examines program results
must compare the program or project's actual performance to: (1) the
measurable outcomes established by the MEP, and (2) the State's
performance targets, particularly for those students who have priority
for services. (The terms "performance target" and "measurable outcome"
are defined below.) Evaluations that examine program results allow
administrators and program personnel to make decisions regarding whether
to adopt, continue, expand, modify, or terminate a project.

## Performance Goals, Performance Indicators, Performance Targets, and Measurable Outcomes

### B1. What do the following terms mean: (1) "performance goal," (2) "performance indicator," (3) "performance target," and (4) "measurable outcomes"?  {#b1.-what-do-the-following-terms-mean-1-performance-goal-2-performance-indicator-3-performance-target-and-4-measurable-outcomes .unnumbered}

For purposes of the MEP, these terms represent the results that
educators and education policymakers at the Federal, State, and local
levels seek to achieve. They represent the progression from the broad
goals of student achievement to very specific, concrete outcomes that
are set at the State and local operating agency level. The terms are
defined as follows:

1.  *State Performance Goals--*The ESEA performance goals are the broad
    expression of the desired results that *all* States are working to
    meet. They cut across all of the major ESEA programs and reflect the
    overall vision of the No Child Left Behind Act of 2001, which is to
    improve the achievement of all students. All States agreed to adopt
    a set of five performance goals in their approved Consolidated State
    Applications. States also have the option of establishing additional
    State goals for improving student achievement.

```{=html}
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```
67. *Performance Indicators--*The ESEA performance indicators provide a
    way of measuring whether States have made progress toward achieving
    each broad performance goal. As with the performance goals, the
    indicators cut across all major ESEA programs and reflect the
    overall vision of the No Child Left Behind Act of 2001. In 2002, all
    States agreed to adopt performance indicators that correspond to the
    5 performance goals in their approved Consolidated State
    Applications. If a State has established additional State goals for
    improving student achievement, that State should also have
    established corresponding performance indicators.

68. *Performance Targets--*Performance targets are the results States
    expect to achieve by a specified date with respect to each ESEA
    indicator. Each State was required, as part of the Consolidated
    State Application, to develop performance targets for each
    performance indicator.

69. *Measurable Program Outcomes*--Measurable outcomes are the results
    the MEP hopes to achieve at the State and local operating agency
    level through the provision of specific educational or educationally
    related services. Measurable outcomes help the MEP determine whether
    and to what degree it has met the special educational needs of
    migrant children that the SEA identified through the comprehensive
    needs assessment. The measurable outcomes at both the State and
    local operating agency levels help migrant children achieve the
    State's performance targets. (See section 1306(a)(1)(D) of the
    statute.)

### B2. How do these terms apply? {#b2.-how-do-these-terms-apply .unnumbered}

An example of the application of each term is provided below.

+---------------------------------------------------+------------------+
| **DESIRED RESULT**                                | **               |
|                                                   | ORGANIZATIONAL** |
|                                                   |                  |
|                                                   | **LEVEL**        |
+---------------------------------------------------+------------------+
| **Adopted or developed by the *State* for *all*   |                  |
| students**                                        |                  |
+---------------------------------------------------+------------------+
| *Performance Goal 1*: By 2013-2014, all students  | Established by   |
| will reach high standards, at a minimum attaining | the Department   |
| proficiency or better in reading/language arts    | to reflect the   |
| and math.                                         | requirements in  |
|                                                   | the statute and  |
|                                                   | *adopted* by the |
|                                                   | *State* for all  |
|                                                   | children in its  |
|                                                   | approved         |
|                                                   | Consolidated     |
|                                                   | State            |
|                                                   | application      |
+---------------------------------------------------+------------------+
| *Performance Indicator*: \[Insert percentage\] of | Established by   |
| students, in the aggregate and for each subgroup, | the Department   |
| will be at or above the proficient level in       | and *adopted* by |
| reading/language arts on the State's assessment.  | the *State* for  |
| (Note: The subgroups are those for which the ESEA | all children in  |
| requires annual State reporting on student        | its approved     |
| achievement, as identified in section             | Consolidated     |
| 1111(h)(1)(C)(i) of the statute.)                 | State            |
|                                                   | application      |
+---------------------------------------------------+------------------+
| *Performance Target*: \[Insert percentage\] of    | *Developed* by   |
| students, in the aggregate and in each subgroup,  | the *State* for  |
| will be at or above the proficient level in       | all children and |
| reading/language arts consistent with the State's | submitted to the |
| annual measurable outcomes (e.g., "x" percent for | Department as    |
| 2002-03, "y" percent for 2003-04 for ensuring     | part of the      |
| that all students reach this level by the end of  | Consolidated     |
| the 2013-14 school year.) (Note: The State annual | State Plan in    |
| measurable outcomes for all students in           | May 2003         |
| reading/language arts are the same as those the   |                  |
| State includes in its definition of adequate      |                  |
| yearly progress.)                                 |                  |
+---------------------------------------------------+------------------+
| Developed by the *MEP* for *migrant* students     |                  |
+---------------------------------------------------+------------------+
| *Measurable Outcome*: Of students enrolled in     | *Developed* by   |
| \[insert name of MEP Project\], \[insert          | the *State and   |
| percentage\] of third-grade migrant students who  | Local Operating  |
| have scored below \[insert score\] on \[insert    | Agencies* and    |
| instrument\] will be able to demonstrate mastery  | aligned with     |
| in the use of phonics knowledge and word parts to | State            |
| pronounce words they do not recognize as          | performance      |
| documented through \[insert instrument\].         | targets          |
+---------------------------------------------------+------------------+

### B3. Which *performance goals* and *performance indicators* must SEAs and local operating agencies address for purposes of the MEP? {#b3.-which-performance-goals-and-performance-indicators-must-seas-and-local-operating-agencies-address-for-purposes-of-the-mep .unnumbered}

All States have agreed to adopt five (5) performance goals and
corresponding performance indicators through the approved Consolidated
State application. These are broad goals and indicators for *all* of the
children in the State, including migrant children. For purposes of
program design and evaluation, the MEP will focus on performance goals 1
and 5, which are presented in the following table.

+-----------------------------------------------------------------------+
| **Performance Goals And Performance Indicators that the MEP *Must*    |
| Address**                                                             |
+-----------------------------------------------------------------------+
| ***Performance Goal 1*:** By 2013-2014, all students will reach high  |
| standards, at a minimum attaining proficiency or better in            |
| reading/language arts and math.                                       |
|                                                                       |
| 1.1. *Performance indicator*: The percentage of students, in the      |
| aggregate and for each subgroup, who are at or above the proficient   |
| level in reading/language arts on the State's assessment. (Note:      |
| These subgroups are those for which the ESEA requires annual State    |
| reporting on student achievement, as identified in section            |
| 1111(h)(1)(C)(i).)                                                    |
|                                                                       |
| 1.2. *Performance indicator*: The percentage of students, in the      |
| aggregate and in each subgroup, who are at or above the proficient    |
| level in math on the State's assessment. (Note: These subgroups are   |
| those for which the ESEA requires annual State reporting on student   |
| achievement as identified in section 1111(h)(1)(C)(i).)               |
+-----------------------------------------------------------------------+
| ***Performance Goal 5*:** All students will graduate from high        |
| school.                                                               |
|                                                                       |
| 5.1. *Performance indicator*: The percentage of students who graduate |
| from high school each year with a regular diploma,                    |
|                                                                       |
| > -- disaggregated by race, ethnicity, gender, disability status,     |
| > migrant status, English                                             |
| >                                                                     |
| > proficiency, and status as economically disadvantaged;              |
| >                                                                     |
| > -- calculated in the same manner as used in National Center for     |
| > Education Statistics                                                |
| >                                                                     |
| > reports on Common Core of Data.                                     |
|                                                                       |
| 5.2. *Performance indicator*: The percentage of students who drop out |
| of school,                                                            |
|                                                                       |
| > -- disaggregated by race, ethnicity, gender, disability status,     |
| > migrant status, English                                             |
| >                                                                     |
| > proficiency, and status as economically disadvantaged;              |
| >                                                                     |
| > -- calculated in the same manner as used in National Center for     |
| > Education Statistics                                                |
| >                                                                     |
| > reports on Common Core of Data.                                     |
|                                                                       |
| (Note: ESEA section 1907 requires States to report all LEA data       |
| regarding annual school dropout rates in the State disaggregated by   |
| race and ethnicity according to procedures that conform with the      |
| National Center for Educational Statistics' (NCES) Common Core of     |
| Data. Consistent with this requirement, States must use NCES'         |
| definition of "high school dropout," i.e., a student in grades 9-12   |
| who (a) was enrolled in the district at sometime during the previous  |
| school year; (b) was not enrolled at the beginning of the succeeding  |
| school year; (c) has not graduated or completed a program of studies  |
| by the maximum age established by the State; (d) has not transferred  |
| to another public school district or to a non-public school or to a   |
| State-approved educational program; and (e) has not left school       |
| because of death, illness, or school-approved absence.                |
+-----------------------------------------------------------------------+

### B4. Were SEAs required to develop *performance targets* for all children? {#b4.-were-seas-required-to-develop-performance-targets-for-all-children .unnumbered}

Yes. For Performance Goals 1 and 5, all SEAs were required by May 2003
to submit performance targets to the Department for each performance
indicator and baseline data for the targets. Performance targets help
ensure that all students move closer each year toward meeting the
State's performance goals. States are not required to resubmit their
performance targets during the application period unless a significant
change occurs.

### B5. Against which specific *performance targets* must SEAs measure the implementation and results of the MEP? {#b5.-against-which-specific-performance-targets-must-seas-measure-the-implementation-and-results-of-the-mep .unnumbered}

The State must measure the implementation and results of the MEP against
the measurable outcomes the State has established for the MEP and
against the performance targets that the State has established for all
children in: (1) reading/language arts; (2) math; (3) high school
graduation; (4) number of school dropouts; (5) school readiness (if the
SEA adopted this performance target); and (6) other State performance
targets, if any. SEAs must pay particular attention to those migrant
students who have priority for services. (See 34 CFR 200.83(a)(1) and
Questions B1 and B6 of Chapter V -- "Provision of Services.")

### B6. Must the SEA and local operating agency develop *measurable outcomes*? {#b6.-must-the-sea-and-local-operating-agency-develop-measurable-outcomes .unnumbered}

Yes. The SEA must develop measurable outcomes for the MEP that are
appropriate measures of the success of the program and that contribute
to the achievement of the State's performance targets. The local
operating agency must then develop measurable outcomes that are aligned
with the State's measurable outcomes for the MEP. (See section
1306(a)(1)(D) of the statute.)

### B7. Should the SEA and local operating agency update the *measurable outcomes* annually? {#b7.-should-the-sea-and-local-operating-agency-update-the-measurable-outcomes-annually .unnumbered}

No. However, SEAs and local operating agencies should update measurable
outcomes any time there is a significant change in either the
performance targets or the measurable outcomes themselves. SEA approval
of the local operating agency\'s application constitutes SEA approval of
the measurable outcomes.

## Evaluation Requirements

### C1. In general, what are the requirements for evaluating the effectiveness of the MEP? {#c1.-in-general-what-are-the-requirements-for-evaluating-the-effectiveness-of-the-mep .unnumbered}

Each SEA must determine the effectiveness of the MEP through a written
evaluation that measures the *implementation* and *results* of the
program against the State's performance targets, particularly for those
students who are a priority for services. (See Question C8 of this
chapter.) Furthermore, SEAs and local operating agencies must use the
results of the evaluation to improve the services provided to migrant
children. (See 34 CFR 200.84 and 200.85.)

In evaluating the results of the program, each local operating agency
must evaluate students who participate in the instructional or
support-service components of the MEP against the program's measurable
outcomes. In addition, depending on the type of project, agencies should
measure student achievement through State assessments (for students in
grade three or higher) or other objective measures of student
performance. (See section 1304(c)(5) of the statute.)

### C2. How does an SEA and local operating agency evaluate the effectiveness of the MEP? {#c2.-how-does-an-sea-and-local-operating-agency-evaluate-the-effectiveness-of-the-mep .unnumbered}

SEAs and local operating agencies should evaluate the effectiveness of
the program by comparing the results of the program against: (1) the
measurable outcomes established for the MEP, and (2) the State's
performance targets. (See the definitions of the terms "measurable
outcomes" and "performance targets" in Question B1 of this chapter.)

### C3. Who is responsible for evaluating the MEP? {#c3.-who-is-responsible-for-evaluating-the-mep .unnumbered}

Both the SEA and its local operating agencies have evaluation
responsibilities. In a written evaluation, the SEA must measure the
effectiveness of the implementation and results of its program on a
statewide basis against its measurable outcomes and the State
performance targets. Likewise, local operating agencies must conduct a
local project evaluation that measures both the implementation of the
project and student performance against the project's measurable
outcomes, the State's measurable outcomes, and the State's performance
targets. The SEA must ensure that the local operating agency conducts
the local evaluation properly. The SEA should also inform its local
operating agencies in advance of any specific data that it will need to
evaluate the statewide program and how to collect the data. (See 34 CFR
200.84.)

### C4. What are some operational challenges that SEAs may need to consider in conducting an evaluation? {#c4.-what-are-some-operational-challenges-that-seas-may-need-to-consider-in-conducting-an-evaluation .unnumbered}

There are a number of operational challenges that SEAs may encounter in
conducting an evaluation. These are illustrated by the following
questions:

-   What are the best methods of evaluating short-term summer programs
    or other brief interventions as compared to longer-term or more
    intensive interventions?

-   What are the best methods of evaluating support services as compared
    to direct instructional services?

-   How can evaluators ensure reliable evaluation results in projects
    that have a high rate of attrition among participants, as is typical
    of a mobile migrant population?

-   How can evaluators compare the effectiveness of different
    interventions, given the number and variation of program designs
    nationwide?

-   How can small programs and projects with a limited budget and staff
    conduct a reliable evaluation without compromising the provision of
    direct services?

-   What is the best evaluation design for measuring the effects of a
    supplement to the primary program of instruction, given that all
    migrant services are supplementary in nature?

### C5. When and how often should SEAs and local operating agencies conduct an evaluation? {#c5.-when-and-how-often-should-seas-and-local-operating-agencies-conduct-an-evaluation .unnumbered}

An SEA should conduct an evaluation as soon as possible after
establishing a program, preferably within the first or second year of
implementation, to determine where improvements can be made. It is not
necessary to conduct an evaluation of the *implementation* of the
program on an annual basis. An SEA should conduct such an evaluation on
a *2-3 year cycle*, after the initial implementation evaluation to
enable programs and projects an opportunity to implement modifications
and revisions that result from the evaluation.

By comparison, SEAs and local operating agencies should examine the
*results* of the program (i.e., the degree to which the program has met
the measurable State and local outcomes) on an *annual* basis. A
results-based evaluation is necessary for monitoring progress toward
established goals.

### C6. Should SEAs use the *same* approach as the Title I, Part A program in evaluating the effectiveness of the MEP? {#c6.-should-seas-use-the-same-approach-as-the-title-i-part-a-program-in-evaluating-the-effectiveness-of-the-mep .unnumbered}

Yes. When it is feasible, SEAs should evaluate the effectiveness of the
MEP statewide and locally by using the same approaches and standards
that are used to assess the performance of students, schools, and local
operating agencies under Title I, Part A. (See section 1304(c)(5) of the
statute.) The Title I, Part A program requires States and school
districts to measure the educational progress of all children (including
migrant children) against the State's student academic assessment in the
required content areas and at the required grade levels from grades
3-12. (See 34 CFR 200.5.) SEAs should use and rely on State assessment
data to help evaluate the effectiveness of the MEP, just as the Title I,
Part A uses this information to determine the adequate yearly progress
of schools, districts, and the State.

### C7. How will evaluations of the MEP *differ* from evaluations of the Title I, Part A program? {#c7.-how-will-evaluations-of-the-mep-differ-from-evaluations-of-the-title-i-part-a-program .unnumbered}

Evaluations of the MEP will differ from evaluations of Title I, Part A
because SEAs have the additional responsibility of evaluating the
implementation and results of the MEP against the measurable outcomes
that the State has established for the MEP, as well as the State's
overall performance targets. (See 34 CFR 200.83(a)(1) and (4) and
Questions B5 and B6 of this chapter.) Likewise, local operating agencies
should assess their programs against the measurable outcomes they
developed. Thus, in order to determine whether a project achieved the
measurable outcomes, the SEA and local operating agency may need to
collect additional data that are not required under Title I, Part A.

### C8. Must an SEA focus on migrant children who have "priority for services" in its evaluation? {#c8.-must-an-sea-focus-on-migrant-children-who-have-priority-for-services-in-its-evaluation .unnumbered}

Yes. The SEA must focus on migrant children who are "priority for
services." (See 34 CFR 200.84.) "Priority for services" children are
those who: (1) are failing, or most at risk of failing, to meet the
State's challenging State academic content and student achievement
standards, and (2) whose education has been interrupted during the
regular school year. (See section 1304(d) of the statute.) States should
develop methods of disaggregating State assessment data and measurable
outcomes in order to determine the impact of the MEP in children who
have this priority for services.

### C9. Must a local operating agency evaluate the MEP if it is part of a schoolwide program? {#c9.-must-a-local-operating-agency-evaluate-the-mep-if-it-is-part-of-a-schoolwide-program .unnumbered}

No. Local operating agencies are not required to evaluate the use of MEP
funds provided in schoolwide programs in part because it is impossible
to distinguish which services in those schools are supported with MEP
funds given that the school combines MEP funds with other Federal,
State, and local funds. Furthermore, the Title I, Part A program
evaluates schoolwide programs by determining if a school makes adequate
yearly progress. However, the SEA should periodically examine the State
assessment scores of migrant students in schoolwide programs to ensure
that they are making progress toward meeting the State's measurable
outcomes and performance targets.

### C10. Are MEP preschool programs subject to the MEP program evaluation requirements? {#c10.-are-mep-preschool-programs-subject-to-the-mep-program-evaluation-requirements .unnumbered}

Yes. A local operating agency that operates a MEP preschool project must
evaluate the progress of migrant children who participate in the
project. The agency must measure the project's progress against the
project's measurable outcomes and must report its evaluation results to
the SEA. SEAs and local operating agencies must ensure that the results
of the evaluations are used to improve services for children who
participate in MEP preschool projects.

## Written Evaluation Reports

### D1. Must an SEA produce both a *written* evaluation plan and a *written* evaluation report?  {#d1.-must-an-sea-produce-both-a-written-evaluation-plan-and-a-written-evaluation-report .unnumbered}

Yes. The SEA must develop and update a written comprehensive State
service delivery plan that includes a plan of how the State will
evaluate the effectiveness of its program. (See sections 1304(b)(1) of
the statute and 34 CFR 200.83.) In addition, the SEA must determine the
effectiveness of its program through a *written* evaluation that
measures the implementation and results achieved by the program against
the State's measurable outcomes for the MEP and the State's performance
targets, particularly for migrant children who have priority for
services as defined in section 1304(d) of the statute. (See 34 CFR
200.84.)

### D2. What should the SEA include in its *written* evaluation report? {#d2.-what-should-the-sea-include-in-its-written-evaluation-report .unnumbered}

The SEA should provide the following information in the evaluation
report:

1.  *Purpose*. This section describes why the SEA conducted the
    evaluation, including answers to questions like: (1) Who requested
    the evaluation? (2) Who the audience is (e.g., funders,
    administrators, project staff, and parents)? and (3) What
    information they need (e.g., information to improve the
    implementation of the program [or]{.underline} to make a decision
    about the program)?

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70. *Methodology*. This section describes the evaluation process and
    answers questions like: (1) What basic evaluation design (or
    designs) did the SEA use and what did it measure, describe, or
    observe? (2) How did the SEA select the evaluation design and what
    were the limitations of that design, if any? (3) What data did the
    SEA collect and what instruments did it use? How did the SEA test
    the instruments for reliability, validity, examinee appropriateness,
    and relevance to the program? (4) Did the SEA use representative
    sampling? (5) What was the timeframe and schedule for the evaluation
    (e.g., when did the SEA administer instruments or conduct
    interviews)? (6) What limitations or deficiencies existed in the
    instruments, data collection procedures, or other methodology?

71. *Results*. This section addresses the findings of the evaluation. An
    evaluation of the *implementation* of the program answers questions
    like: (1) Did the agency implement the project as described in the
    approved project application? If not, what changes were made? (2)
    What worked in the implementation? (3) What problems did the project
    encounter?

72. By comparison, an evaluation of the *results* of the program answers
    questions like: (1) How did migrant students perform in relation to
    the MEP's measurable outcomes? (2) How did the results compare with
    what might have been expected in the absence of the program, or did
    one intervention produce significantly better results than
    another? (3) Are there special factors that the agency considered in
    analyzing the results (e.g., participant attrition)?

73. *Implications*. This section addresses what the agency learned from
    the evaluation and the recommendations for action based on the
    evaluation. The major question that an evaluation of the
    *implementation* of the program answers is what specific
    improvements are necessary. For an evaluation of the *results* of
    the program, the major questions are: (1) What major conclusions can
    the agency draw regarding the effectiveness of the program or some
    part of the program? and (2) What should decision makers consider in
    determining whether to continue, expand, modify, or terminate the
    program?

## Program Improvement

### E1. What, if any, program improvement requirements apply to the MEP?  {#e1.-what-if-any-program-improvement-requirements-apply-to-the-mep .unnumbered}

As discussed in Questions C2 and C3 of this chapter, although the school
improvement requirements in section 1116 of the statute do not apply to
the MEP, SEAs and local operating agencies must use evaluation results
to improve services provided to migrant children. (See 34 CFR 200.85.)
Section 200.84 of the regulations requires SEAs to determine the
effectiveness of the MEP through a written evaluation that measures the
implementation and results achieved by the programs against the State's
measurable outcomes and performance targets, particularly for those
students who are a priority for services. In addition, the SEA should
not subgrant additional MEP funds to a local operating agency if the
evaluation results demonstrate that its MEP project is not making
substantial progress toward meeting its measurable outcomes. If the
evaluation results indicate that a local operating agency\'s project is
ineffective or needs to be improved, the SEA must require appropriate
changes in the project.

Program improvement is advanced by prompt and careful study of
evaluation, needs assessment, and other types of data. At any point in
the year, these data may suggest a need to adjust the current program or
justify a modification in program services.

### E2. What documentation should the SEA and local operating agencies keep to demonstrate that they have used the results of their evaluations to improve MEP projects? {#e2.-what-documentation-should-the-sea-and-local-operating-agencies-keep-to-demonstrate-that-they-have-used-the-results-of-their-evaluations-to-improve-mep-projects .unnumbered}

The SEA and local operating agencies should keep any information that
documents how programs have changed in response to evaluation findings.
Such information might include: (1) the evaluation procedures and
results; (2) the previous and current applications; (3) other
descriptions of program design that identify changes in the program; (4)
summaries of programmatic changes that were made on the basis of
evaluation results; and (5) any other evidence of program improvement.

## Evaluation of Summer Programs

### F1. How should SEAs and local operating agencies evaluate MEP summer programs and projects? {#f1.-how-should-seas-and-local-operating-agencies-evaluate-mep-summer-programs-and-projects .unnumbered}

SEAs and local operating agencies must evaluate both the implementation
and results of summer school programs and projects in the same way they
evaluate MEP programs and projects that operate during the regular
school year. Local operating agencies must measure summer projects
against State and local measurable outcomes and the State's performance
targets. Although a summer project poses special challenges because of
its short duration, it is important to measure its impact on migrant
children to determine whether the project is effective. For example, in
a summer reading project, the MEP could assess the children's reading
proficiency before the program starts and after it ends to determine
whether the project met its objectives.

## Evaluation of Support Services

### G1. How should a local operating agency evaluate the success of MEP support services? {#g1.-how-should-a-local-operating-agency-evaluate-the-success-of-mep-support-services .unnumbered}

The local operating agency should measure the effects of support
services against the project's measurable outcomes. For example, the
project may measure whether a specified percentage of migrant children
who were identified as having easily treatable visual impairments
received eyeglasses or other comparable interventions during the project
period in order to allow them to participate effectively in school. To
measure the success of this intervention, the project would assess
whether: (1) the percentage of migrant children who received the
treatment is equal to or greater than the percentage of children that
the project proposed to treat in the measurable outcomes of its approved
project application, and (2) the extent to which this service helped
achieve the State's measurable outcomes and performance targets.

[]{.mark}

# PROGRAM PERFORMANCE AND CHILD COUNT REPORTING

States are required to report certain information on the MEP and other
formula grant programs through a Consolidated State Performance Report.
The purpose of the report is to provide timely information on the
implementation of their approved Consolidated State Plans. (See section
9303 of the statute.)

Each year, States must provide MEP specific program performance
information, including: (1) the annual count of migrant children; and
(2) a detailed narrative that describes the procedures the States
followed to obtain and verify the child count. Each SEA must have
procedures in place to ensure that the child counts: (1) are accurate;
(2) reflect only eligible migrant children; and (3) are sufficiently
well documented so that an outside reviewer who is unfamiliar with the
MEP would understand the process. The questions and answers in this
chapter are meant to complement the instructions that the Department
provides each year in the Consolidated State Performance Report because
the child count has such important implications on the amount of funding
that States receive.

This chapter addresses these and other aspects of performance reporting
under the MEP that the Department has approved as part of the
Consolidated State Performance Report.

#### Statutory Requirements:  {#statutory-requirements-8 .unnumbered}

Title I, Part C, Sections 1303(e); 1304(c)(7) and (e); Title IX, Part C,
Section 9303

#### Regulatory Requirements:  {#regulatory-requirements-7 .unnumbered}

34 CFR 200.81

## Performance Reporting

### A1. What is the "Consolidated State Performance Report"? {#a1.-what-is-the-consolidated-state-performance-report .unnumbered}

The Consolidated State Performance Report is the instrument SEAs use to
report to the Department on the performance of many ESEA formula grant
programs, including the MEP. (See section 9303 of the statute.)

### A2. What information must the SEA provide in the annual Consolidated State Performance Report? {#a2.-what-information-must-the-sea-provide-in-the-annual-consolidated-state-performance-report .unnumbered}

In terms of the MEP, SEAs are generally required to submit information
about the numbers and characteristics of participating children, the
types of services provided, and the number of participants by grade
level. The SEA must also submit unduplicated annual counts of the number
of migrant children eligible for formula funding purposes.

### A3. When is the Consolidated State Performance Report due? {#a3.-when-is-the-consolidated-state-performance-report-due .unnumbered}

The Department establishes a due date for the Consolidated State
Performance Report each year. Typically, most reporting information for
the annual Consolidated State Performance Report is due on December 1.

### A4. The MEP uses the terms (1) "eligible," (2) \"entered in,\" (3) \"enrolled,\" and (4) \"participate\" to describe aspects of a child\'s participation in the MEP. What do these terms mean, and which ones are used in relation to evaluation requirements and to the MEP performance report? {#a4.-the-mep-uses-the-terms-1-eligible-2-entered-in-3-enrolled-and-4-participate-to-describe-aspects-of-a-childs-participation-in-the-mep.-what-do-these-terms-mean-and-which-ones-are-used-in-relation-to-evaluation-requirements-and-to-the-mep-performance-report .unnumbered}

The following terms are *not* interchangeable:

1.  The term \"eligible\" refers to establishing that a particular child
    is eligible for the MEP, generally through an interview process that
    results in the completion of a Certificate of Eligibility (COE).
    (Chapter II -- "Child Eligibility.")

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74. The term \"entered in\" refers to entry of a child, or a child\'s
    education or health records, into the State's electronic migrant
    student record system, where, if he or she is age 3 through 21, the
    child will be counted for funding purposes. Generally, only States
    that have electronic systems use this term.

75. The term \"enrolled\" is generally used to refer to the enrollment
    of a child in any school program. In addition, the term is sometimes
    also used in connection with special summer funding counts to refer
    to students who participate in summer MEP projects. These children
    generate additional summer funding for those States in which they
    reside beyond the funding generated because of their residency. (See
    Chapter I -- "State Application and Funding.")

76. The term \"participate\" refers to a migrant child who the SEA
    determines is eligible for the MEP *and* who receives a service that
    is included in the comprehensive State plan for service delivery and
    that contributes to the attainment of the State's measurable
    outcomes and performance targets. (See the definition of a "service"
    in Chapter V -- "Provision of Services.")

### A5. For purposes of the Consolidated State Performance Report, how should an SEA classify a child whose migrant status ended during a school term?  {#a5.-for-purposes-of-the-consolidated-state-performance-report-how-should-an-sea-classify-a-child-whose-migrant-status-ended-during-a-school-term .unnumbered}

A child who ceases to be a migrant child during a school term is
eligible for services until the end of the term and should be included
in all counts and data collection efforts during that term. (See 1304(e)
of the statute.) However, a child whose eligibility ends during the
regular school term cannot be included in the Category 2 child count
even if he/she participates in a summer program.

### A6. Is there a minimum amount of time that a child must participate in the MEP to be included in the Consolidated State Performance Report? {#a6.-is-there-a-minimum-amount-of-time-that-a-child-must-participate-in-the-mep-to-be-included-in-the-consolidated-state-performance-report .unnumbered}

No. All students who receive instruction or support services should be
included in the appropriate parts of the performance report, even if
some of those students were absent during some of the time that the
project operated.

## Child Count

### B1. What is a "child count"? {#b1.-what-is-a-child-count .unnumbered}

For purposes of the MEP, a "child count" is the State's numeric
calculation of the total unduplicated number of eligible migrant
students statewide who can be counted for funding purposes. The
Department collects two separate child counts, known as the Category 1
and Category 2 child counts.

### B2. What is the "Category 1" child count?  {#b2.-what-is-the-category-1-child-count .unnumbered}

The Category 1 child count is the 12-month unduplicated statewide total
of children who are eligible to be counted for funding purposes. It
consists of all of the migrant children ages 3 through 21 who, within
three years of a qualifying move, resided in the State for one or more
days during the September 1 to August 31 performance period. A \"migrant
child\" must meet the definition in section 1309 of the statute and
section 200.81 of the MEP regulations. (See Chapter II -- "Child
Eligibility.")

### B3. What is the "Category 2" child count? {#b3.-what-is-the-category-2-child-count .unnumbered}

The Category 2 child count is the unduplicated statewide total
summer/intersession count of eligible MEP project participants who can
be counted for funding purposes. It consists of all of the migrant
children who were served for one or more days in MEP-funded summer or
intersession programs in the State during the September 1 -- August 31
performance period.

### B4. What is a "summer term"? {#b4.-what-is-a-summer-term .unnumbered}

A summer term is any period of time in a locality that operates a
traditional-calendar school year when the regular term of that school
year is not in session and a federally sponsored instructional program
is offered. Year-round schools, for purposes of this report, are not
considered to have summer terms. Any break in the regular term of a
year-round school is considered an intersession term, regardless of the
season of the year in which it occurs.

### B5. What is an "intersession"? {#b5.-what-is-an-intersession .unnumbered}

For schools on a year-round calendar, an intersession term is the
aggregate of all those periods throughout the year when the school (or
part of the school) is not in session or does not provide the annual
instruction analogous to the traditional school-year regular term. Even
though the intersession periods occur at different times throughout the
year, for purposes of this report, those periods are all considered a
single term. Thus, a student who participates in intersession programs
in October, February, and June would be counted as participating in one
intersession term (not three).

### B6. Should all of the migrant children who are counted in the Category 2 child count also be counted in Category 1? {#b6.-should-all-of-the-migrant-children-who-are-counted-in-the-category-2-child-count-also-be-counted-in-category-1 .unnumbered}

Yes. As discussed previously, the Category 1 count is the unduplicated
statewide total number of eligible migrant children who were resident in
a State for one or more days during the September 1 -- August 31
performance period. The Category 2 unduplicated count of eligible
migrant children served in summer/intersession projects is a subset of
the larger Category 1 count. If an eligible migrant child was documented
as being served by the MEP during the summer, he/she was clearly
residing in the State that year and, therefore, should be included in
the Category 1 child count. Children whose 36-month eligibility for the
MEP expired prior to the beginning of the summer/intersession program
may be entitled to continue receiving services under the "continuation
of services" provision in section 1304(e) of the statute, but they may
*not* be included in the Category 2 child count.

### B7. What must a State include in its annual child count submission? {#b7.-what-must-a-state-include-in-its-annual-child-count-submission .unnumbered}

The State must provide: (1) the annual unduplicated count of migrant
children in Category 1 and Category 2; and (2) a detailed narrative that
describes the procedures the State followed to obtain and verify the
child count. The SEA is responsible for the accuracy of the child count
data. Each SEA must have procedures in place to ensure that the child
counts: (1) are accurate; (2) reflect only eligible migrant children
ages 3-21; and (3) are sufficiently well documented that an outside
reviewer who is unfamiliar with the MEP would understand the process.

### B8. When are the annual child counts due to the Department? {#b8.-when-are-the-annual-child-counts-due-to-the-department .unnumbered}

The Department establishes a due date for the child counts. The child
count is typically submitted as part of the annual Consolidated State
Performance Report, which is generally due on December 1.

### B9. What does the Department do with the annual child count data after the SEA submits it? {#b9.-what-does-the-department-do-with-the-annual-child-count-data-after-the-sea-submits-it .unnumbered}

The Department reviews these written procedures, as well as the child
counts themselves, in order to ensure the accuracy of the child counts
and, thus, the overall integrity of the MEP allocation process. The
Department then uses the data to compute the annual State MEP
allocations when funding for the MEP exceeds the base amount established
in 2002, based on the 2000-01 child count data. (See the discussion of
the allocation process in Chapter I -- "State Application and Funding.")

In this review, departmental staff compare the new child counts to the
child counts reported the previous year. Staff also compare the Category
2 count against the participation data. Staff examine the summary of
procedures on its merit and in the context of any issues that emerged
from previous years' counting/verification processes and subsequent
discussions. To the extent that issues remain, staff conduct additional
follow-up.

### B10. Is it necessary for a State or its subgrantees to verify and document that a child counted under Category 1 met the definition of a migrant child and was actually resident for at least one day during the September 1 -- August 31 performance period? {#b10.-is-it-necessary-for-a-state-or-its-subgrantees-to-verify-and-document-that-a-child-counted-under-category-1-met-the-definition-of-a-migrant-child-and-was-actually-resident-for-at-least-one-day-during-the-september-1-august-31-performance-period .unnumbered}

Yes.

### B11. Must a new COE be completed for every child included in the Category 1 count in order to document residency during the September 1 -- August 31 performance period? {#b11.-must-a-new-coe-be-completed-for-every-child-included-in-the-category-1-count-in-order-to-document-residency-during-the-september-1-august-31-performance-period .unnumbered}

No. The SEA may use a COE from a prior year for a child whose
eligibility has not expired because of age or the 3-year limit. If the
SEA uses an existing COE, it should indicate on the COE that it is an
update of an older record. For example, the COE may have a box marked
"update" for the recruiter to check, which indicates that the child was
still resident during the September 1 -- August 31 residency period.
Alternatively, the SEA may use another written form of documentation to
establish residency.

### B12. Is a child\'s record that is maintained in a data base (i.e., data base record) indicating a residency or enrollment date that is on or after September 1 of that year sufficient to document residency during that 12-month period? {#b12.-is-a-childs-record-that-is-maintained-in-a-data-base-i.e.-data-base-record-indicating-a-residency-or-enrollment-date-that-is-on-or-after-september-1-of-that-year-sufficient-to-document-residency-during-that-12-month-period .unnumbered}

Yes. Except when an SEA uses a mass enrollment procedure to update
student records on a data base (see Question B15 below), the residency
or enrollment date (on/after September 1 of that year and before August
31 of the following year) on a child\'s record is sufficient, assuming
that the SEA knows that written documentation of residency (e.g., an
updated COE or a school attendance record) exists at the local level and
SEA staff can review it.

### B13. In documenting residency, is it sufficient for the SEA to check that there was no withdrawal date recorded on a migrant child\'s data base record when the child\'s last recorded residency or enrollment date was prior to September 1 of that year?  {#b13.-in-documenting-residency-is-it-sufficient-for-the-sea-to-check-that-there-was-no-withdrawal-date-recorded-on-a-migrant-childs-data-base-record-when-the-childs-last-recorded-residency-or-enrollment-date-was-prior-to-september-1-of-that-year .unnumbered}

No. The absence of a withdrawal date may simply reflect missing data in
a student record. The SEA must ensure that the system includes some
check of residency for each child who is included in the child counts.

### B14. What is a "mass enrollment" process? {#b14.-what-is-a-mass-enrollment-process .unnumbered}

A "mass enrollment" process permits State or local staff, as a
convenience, to enter the first day of a new school year or term as the
new enrollment date in the data base records of all children who were
reported in the school district at the end of the last school year/term.

### B15. May an SEA use a "mass enrollment" process to enter student-level data into the State data bases that generate the child counts?  {#b15.-may-an-sea-use-a-mass-enrollment-process-to-enter-student-level-data-into-the-state-data-bases-that-generate-the-child-counts .unnumbered}

Yes. However, if an SEA calculates its child counts (whether Category 1
or Category 2) using a data base that permits mass enrollment of
students at the beginning of the regular school year and/or the summer
term, it should not rely exclusively for its child counts on the number
of children with an enrollment date and a subsequent withdrawal date.
This is because some data base systems that employ a mass enrollment
process do not allow for the correction of an erroneously generated
enrollment date. Instead, they generate a withdrawal date reflecting the
date the updated information is received. In this way, a migrant child's
record might report an enrollment and a subsequent withdrawal date even
though the child never resided in the State between those dates. If such
dates overlapped or were after September 1 of that year (or the start of
the following summer term), the SEA would include a child who no longer
resided in the State in Category 1 (or Category 2). If the SEA uses such
as system, it must check whether children with enrollment and withdrawal
dates close to each other near the beginning of a new school year or
term actually resided in the State between those dates.

For example, 100 children were mass enrolled by an MEP project on 9/3/03
(the beginning of the new school year in the project's school district).
Several working days later, on 9/10/03, the project sent updates
indicating that 10 of the children left the district sometime during the
summer and should have not been enrolled. However, the data base does
not allow an enrollment date, once created, to be removed. Instead,
9/10/03 is entered as a withdrawal date for each of the 10 children. In
this example, 10 children would be inappropriately included in the
Category 1 count because, while not in residence at any time during the
9/1/03 -- 8/31/04 child count period, an edit check based simply on the
presence of enrollment/withdrawal dates erroneously includes them in the
Category 1 count.

### B16. May an SEA do manual edit checks or must it edit the child count by computer? {#b16.-may-an-sea-do-manual-edit-checks-or-must-it-edit-the-child-count-by-computer .unnumbered}

The SEA may use either a manual or computer editing process. However,
SEAs are strongly encouraged to use a computerized data base to compile
and edit data used to generate the Category 1 and Category 2 child
counts. Even States with a small number of identified migrant children
will likely find that entering student-level data into a personal
computer-based spreadsheet or data base program will enable them to
compile and check the pertinent data more easily and accurately than
trying to do so manually.

### B17. What is an "unduplicated count"? How does an SEA check for and eliminate duplication in its child counts? {#b17.-what-is-an-unduplicated-count-how-does-an-sea-check-for-and-eliminate-duplication-in-its-child-counts .unnumbered}

An \"unduplicated count\" is one in which an individual child is
included in a State\'s count only once, regardless of how many places
within the State that child may have resided or was served by the MEP.
Each SEA is required to submit unduplicated Category 1 and Category 2
child counts.

It is not sufficient to assume that there is no duplication because a
State's child count database assigns a unique identification number to
each child enrolled in the system. In order for an SEA to eliminate
duplication when several local sites compile data, it should compare,
either manually or by computer, particular data elements for possible
matches whether a single child may have generated duplicate records. For
example, comparing records in terms of same/similar last names,
including English/Spanish cognates of names; dates of birth; dates and
locations of the last qualifying move; home base location; or parents'
names, especially the mother's maiden name, will yield lists of possible
duplicates. Children whose records match on two or more of the items may
well be the same individuals who have moved within the State from one
site to another. The SEA should flag these children as possible
within-State duplicates and conduct additional follow-up on these
children with the local projects who reported them, to ensure that the
same individual is not counted more than once in the statewide child
counts.

### B18. May the SEA calculate the child counts by compiling the numerical counts of children that local operating agencies served? {#b18.-may-the-sea-calculate-the-child-counts-by-compiling-the-numerical-counts-of-children-that-local-operating-agencies-served .unnumbered}

No. It is not sufficient simply to compile numerical counts submitted by
local projects and report the total as the statewide child count. Such
Category 1 and Category 2 counts would likely include duplication. The
SEA must establish a process to eliminate duplication by checking the
underlying student data across the local sites.

### B19. Must the SEA check that children included in the child counts are between the ages of 3 and 21? {#b19.-must-the-sea-check-that-children-included-in-the-child-counts-are-between-the-ages-of-3-and-21 .unnumbered}

Yes. The SEA must establish some procedure to ensure that the children
it includes in the child counts are between the ages of 3 and 21.

### B20. Must the SEA check records of 2 year olds to determine whether they resided in the State after they turned 3 years old? {#b20.-must-the-sea-check-records-of-2-year-olds-to-determine-whether-they-resided-in-the-state-after-they-turned-3-years-old .unnumbered}

Yes. The child counts must not include any migrant child below the age
of 3. However, if records (e.g., COEs or data base records) indicate a
child was below 3 years of age at the time the SEA identified him/her,
the SEA should check (either by examining the recorded withdrawal date
or by having a recruiter check with the family) to determine if the
child resided in the State for at least one day on or after his or her
third birthday. The SEA may include such a child in the child count only
if it has documentation that the child was past his or her third
birthday while residing during the September 1 -- August 31 performance
period.

### B21. Should an SEA check the qualifying arrival date (QAD) of children included in the child count? {#b21.-should-an-sea-check-the-qualifying-arrival-date-qad-of-children-included-in-the-child-count .unnumbered}

Yes. SEAs should check the QAD to ensure that only eligible migrant
children who are resident in the State are included in the child count.
This is particularly important for States that include children in their
data base who are no longer eligible for the MEP but who continue to
receive services under sections 1304(e)(2) and 1304(e)(3) of the
statute. The SEA must ensure that these children are not included in the
child count because they are no longer eligible.

### B22. Should the SEA verify that children included in the two child counts are eligible for the MEP? {#b22.-should-the-sea-verify-that-children-included-in-the-two-child-counts-are-eligible-for-the-mep .unnumbered}

Yes. The SEA may only include children who meet the definition of a
"migratory child" in the child counts. (See section 1309(2) of the
statute and 34 CFR 200.81.) Each SEA must have a quality control process
in place by which it checks the completeness and accuracy of the
eligibility documentation for children included in the child count. Such
a process might include periodic reviews of all or a sample of COEs by
SEA staff.

### B23. Should the SEA check the names of children included in Category 2 against documentation at local sites to verify that the local projects served the children? {#b23.-should-the-sea-check-the-names-of-children-included-in-category-2-against-documentation-at-local-sites-to-verify-that-the-local-projects-served-the-children .unnumbered}

Yes. As part of a quality control process, SEA staff should verify that
children included in Category 2 actually received a summer service. To
do so, staff may review local documentation, such as a project\'s
enrollment lists, attendance rosters or teacher logs, to confirm that
the local project actually served all the children included in the
State\'s Category 2 count. Again, SEA staff need only review a sample of
children or local projects.

### B24. Is verification of eligibility and the provision of summer/intersession services sufficient for purposes of quality control? {#b24.-is-verification-of-eligibility-and-the-provision-of-summerintersession-services-sufficient-for-purposes-of-quality-control .unnumbered}

No. For child count purposes, quality control involves more than
reviewing and verifying the accuracy of eligibility and service delivery
documentation. The SEA must also implement quality control checks of its
data input, update, and compilation procedures. Such procedures may
include, but are not limited to: double-keying input data; generating
and examining periodic status reports (by numbers and types of children,
by region); and reviewing data records in the student information system
against physical documentation, such as a COE or supplementary data
report on summer/intersession participation.

### B25. Is there a requirement that services have to be of minimum duration and intensity to enable the SEA to count participating children under Category 2? {#b25.-is-there-a-requirement-that-services-have-to-be-of-minimum-duration-and-intensity-to-enable-the-sea-to-count-participating-children-under-category-2 .unnumbered}

No, the Department has not established such a requirement. However, SEAs
are responsible for determining whether summer and intersession services
are of sufficient duration and intensity to enable the program to meet
its measurable outcomes and to contribute to the achievement of the
State's performance targets in order to count participating children
under Category 2. (See Question A5 in Chapter V -- "Provision of
Services.")

### B26. Must a student participate in the entire summer program in order for the SEA to include him/her in the Category 2 count? {#b26.-must-a-student-participate-in-the-entire-summer-program-in-order-for-the-sea-to-include-himher-in-the-category-2-count .unnumbered}

No. However, the student must participate in the program for at least
one day in order to be counted in Category 2.

### B27. May an SEA include children who participated in a summer service project that involved distance learning in its Category 2 count? {#b27.-may-an-sea-include-children-who-participated-in-a-summer-service-project-that-involved-distance-learning-in-its-category-2-count .unnumbered}

Yes. A child who is served through a distance learning project may be
counted by both the home base State originating the transmission and
each receiving State that provides access and assistance to the child in
viewing (and completing assignments that result from) the transmissions.
Each State should maintain documentation regarding the substance of the
services it provided under the project for each child it includes in the
child count.

### B28. May an SEA count a child who received only a support service (and no instructional service) under Category 2? {#b28.-may-an-sea-count-a-child-who-received-only-a-support-service-and-no-instructional-service-under-category-2 .unnumbered}

Yes. Subject to the considerations discussed in Question B24 above, an
SEA may count a migrant child who received a support service through a
MEP-funded summer or intersession program. Although the service does not
need to be part of an instructional program, it should enable the
program to meet its measurable outcomes and contribute to the
achievement of the State's performance targets.

### B29. May an SEA count an eligible migrant child who was served in a summer/intersession project that was not supported by MEP funds in Category 2? {#b29.-may-an-sea-count-an-eligible-migrant-child-who-was-served-in-a-summerintersession-project-that-was-not-supported-by-mep-funds-in-category-2 .unnumbered}

No. If no MEP funds were used to provide a summer/intersession service,
the child may not be counted in the Category 2 count. The purpose of the
Category 2 child count is to generate an adjustment to reflect the
additional costs to the MEP of serving migrant children beyond the
regular school year.

### B30. May States begin summer projects before the end of the regular school year? {#b30.-may-states-begin-summer-projects-before-the-end-of-the-regular-school-year .unnumbered}

Yes. SEAs and local operating agencies may begin MEP summer projects
before the end of the regular school year, depending on when children
arrive and what their needs are. However, these children may not begin
generating a summer child count for the State until the local operating
agency\'s regular school year has ended.

SEAs and local operating agencies that operate a MEP summer program
before the end of the regular school year should be careful not to
violate the \"supplement, not supplant\" requirement. (See Chapter X --
"Fiscal Requirements.") Migrant children who arrive in the State before
the end of the school year are entitled to receive services from the
regular school program. Therefore, the MEP summer program cannot provide
services that "supplant" (i.e., "replace") the services that the regular
school program offers.

### B31. May an SEA include children in its child count who cease to be migrant during the school term and who the SEA continues to serve in accordance with section 1304(e)(1) of the statute?  {#b31.-may-an-sea-include-children-in-its-child-count-who-cease-to-be-migrant-during-the-school-term-and-who-the-sea-continues-to-serve-in-accordance-with-section-1304e1-of-the-statute .unnumbered}

Yes. The SEA may include children whose eligibility expired during a
school term and who the SEA continued to serve until the end of that
term (fall, spring, or summer). Such children only generate a Category 2
count if their eligibility expired after they began to be served in the
summer or intersession term.

### B32. May the SEA include children who are no longer migrant but who it continues to serve under sections 1304(e)(2) and 1304(e)(3) of the statute? {#b32.-may-the-sea-include-children-who-are-no-longer-migrant-but-who-it-continues-to-serve-under-sections-1304e2-and-1304e3-of-the-statute .unnumbered}

No. Under section 1304(e)(2), SEAs may serve children who cease to be
migrant for one additional year if comparable services are not available
through other programs. Section 1304(e)(3) allows SEAs to continue to
serve secondary students who were eligible for services in secondary
school through credit accrual programs until graduation. An SEA may not
count these children in its child counts because they do not meet the
definition of a "migratory child."

### B33. What does "term" mean in section 1304(e)? {#b33.-what-does-term-mean-in-section-1304e .unnumbered}

The Department interprets the word "term" to mean one of the following
discrete periods of the school year: fall, spring, summer, intersession.
Therefore, regarding section 1304(e)(1), a migrant child whose
eligibility expires "during a school term" such as the fall term (e.g.,
on October 1) can still be served until the end of the fall term (e.g.,
the Christmas break) but not in the subsequent spring term, unless the
exception in section 1304(e)(2) applies.

# FISCAL REQUIREMENTS

SEAs and local operating agencies must comply with two fiscal
requirements regarding the expenditure of State and local funds to
ensure that MEP funds are used to provide services that are supplemental
to the regular services migrant children receive. The statute requires
SEAs and local operating agencies to: (1) use MEP funds to \"supplement,
not supplant\" non-Federal funds; and (2) provide services to migratory
children with State and local funds that are at least comparable to
services provided non-migratory children. (See sections 1120A(b) and (c)
of the statute.) The statute and regulations provide an exclusion from
these requirements for special State and locally funded programs that
meet the intent and purposes of the MEP. (See section 1120A(d) of the
statute and 34 CFR 200.88.)

In addition to these fiscal requirements, this chapter discusses the use
of MEP funds, especially as it relates to equipment, indirect costs, and
travel.

#### STATUTORY REQUIREMENTS: {#statutory-requirements-9 .unnumbered}

Sections 1120A and 1304(c)(2) of Title I; sections 9101 and 9521 of
Title IX

#### REGULATORY REQUIREMENTS:  {#regulatory-requirements-8 .unnumbered}

34 CFR 200.88 and 299.5

## "Supplement, Not Supplant" Requirement

### A1. What does \"supplement, not supplant\" mean? {#a1.-what-does-supplement-not-supplant-mean .unnumbered}

\"Supplement, not supplant\" is the phrase used to describe the
requirement that MEP funds may be used only to supplement the level of
funds that would, in the absence of MEP funds, be made available from
non-Federal sources for the education of children participating in MEP
projects. SEAs and local operating agencies may not use MEP funds to
supplant (i.e., replace) non-Federal funds.

### A2. Does the \"supplement, not supplant\" requirement apply to the use of MEP funds to serve migrant children who are not enrolled in grades K-12 (e.g., preschool children or older children who have dropped out of school)? {#a2.-does-the-supplement-not-supplant-requirement-apply-to-the-use-of-mep-funds-to-serve-migrant-children-who-are-not-enrolled-in-grades-k-12-e.g.-preschool-children-or-older-children-who-have-dropped-out-of-school .unnumbered}

The "supplement, not supplant" requirement applies if the SEA or the
local operating agency has a non-federally funded program that serves
these children in the area in which they reside. If not, the
"supplement, not supplant" requirement does not apply because there is
no program for MEP funds to supplant.

## Comparability Requirement 

### B1. What is comparability? {#b1.-what-is-comparability .unnumbered}

Comparability refers to the requirement that local operating agencies
ensure that schools that receive MEP funds provide services that, taken
as a whole, are at least comparable to services provided by schools that
do not receive MEP funds. This comparison is done on a grade-span by
grade-span basis or school by school basis. (See section 1120A of the
statute.)

### B2. How does the SEA ensure that local operating agencies meet the comparability requirement? {#b2.-how-does-the-sea-ensure-that-local-operating-agencies-meet-the-comparability-requirement .unnumbered}

Prior to awarding MEP subgrants, the SEA must receive from each local
operating agency a written assurance that it has established and
implemented the following: (1) a district-wide salary schedule; (2) a
policy to ensure equiv­alence among schools in teachers, administrato­rs,
and other staff; and (3) a policy to ensure equivalence amo­ng students
in the prov­ision of curriculum materials and instructional supplies.
(See section 1120A(c)(2)(A).)

### B3. What records should a local operating agency maintain to document compliance with the com­parability requirement? {#b3.-what-records-should-a-local-operating-agency-maintain-to-document-compliance-with-the-comparability-requirement .unnumbered}

The local operating agency must maintain records that document the
salary schedule and policies that the agency implemented to achieve
equivalence among schools in staff, materials, and supplies.

## Monitoring Comparability and "Supplement, Not Supplant" Requirements

### C1. Does an SEA have a responsibility to monitor compliance with the comparability and "supplement, not supplant" requirements? {#c1.-does-an-sea-have-a-responsibility-to-monitor-compliance-with-the-comparability-and-supplement-not-supplant-requirements .unnumbered}

Yes. The SEA is ultimately responsible for ensuring that its local
operating agencies comply with these requirements. The SEA typically
reviews compliance with these requirements through its monitoring of the
Title I, Part A program or other cross-program monitoring.

### C2. What may the SEA do if it finds that a local operating agency has not complied with the comparability or "supplement, not supplant" requirements? {#c2.-what-may-the-sea-do-if-it-finds-that-a-local-operating-agency-has-not-complied-with-the-comparability-or-supplement-not-supplant-requirements .unnumbered}

If the exclusion in 34 CFR 200.88(b) does not apply (see Questions D1
through D3), the SEA must withhold funds or require repayment of funds
from the local operating agency.

## Exclusion of Supplemental State and Local Funds from the Comparability and "Supplement, Not Supplant" Requirements

### D1. What supplemental State and locally funded services may a local operating agency exclude from the \"supplement, not supplant\" and comparability requirements? {#d1.-what-supplemental-state-and-locally-funded-services-may-a-local-operating-agency-exclude-from-the-supplement-not-supplant-and-comparability-requirements .unnumbered}

An SEA and its local operating agencies may exclude from the
"supplement, not supplant" and comparability requirements State and
local funds that are used to carry out special programs that meet the
intent and purposes of the MEP. In order for this exclusion to apply,
the SEA must make an advance *written* determination that the State or
local program meets the following requirements:

1.  The program is specifically designed to meet the unique educational
    needs of migrant children;

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77. The program is based on performance targets related to educational
    achievement that are similar to those used in MEP programs and is
    evaluated in a manner consis­tent with those program targets;

78. The SEA or the local operating agency keeps, and provides access to,
    records that ensure the correctness and verification of these
    requirements; and

79. The SEA monitors program performance to ensure that these
    requirements are met.

(See section 1120A(d) of the statute and 34 CFR 200.88(b).)

### D2. What purpose is served by this exclusion? {#d2.-what-purpose-is-served-by-this-exclusion .unnumbered}

The exclusion allows SEAs, LEAs, and other local operating agencies to
use State, local and other non-Federal funds for supplemental programs
that benefit migratory children without regard to the comparability and
"supplement, not supplant" requirements. In doing so, the exclusion
promotes greater flexibility in the use of MEP funds by eliminating the
need for SEAs or local operating agencies to worry about comparability
or "supplement, not supplant" considerations that might otherwise arise
in the use of State and local funds spent on these supplemental
programs.

For example, suppose an LEA provides school A with \$10,000 of local
funds for a supplemental reading program for migrant students enrolled
at that school. Consistent with the comprehensive needs assessment and
service delivery plan, the exclusion allows the LEA to use MEP funds for
a similar reading program for migrant students enrolled at school B,
without regard to requirements governing:

-   Comparability -- which otherwise would require levels of State and
    local funding (on an aggregate or per-pupil basis) at the two
    schools to be roughly equivalent, or

-   Supplement, not supplant -- which otherwise would require migrant
    students at School B to receive an equal share of State-funded
    migrant reading services as those enrolled in School A.

If the exclusion did not exist, the LEA either: (1) could not allocate
the State or local funds for these supplemental programs without meeting
the comparability and supplanting requirements; or (2) might choose to
avoid funding a project in School B altogether. Without the exclusion,
SEAs and local operating agencies might decide that, given the
comparability and "supplement, not supplant" requirements, there is
little incentive to create these State or locally funded supplemental
programs for migrant students.

### D3. May State and locally funded programs that are subject to the exclusion serve non-migrant children? {#d3.-may-state-and-locally-funded-programs-that-are-subject-to-the-exclusion-serve-non-migrant-children .unnumbered}

No. The regulation provides that the exclusion applies only to State or
locally funded supplemental programs that "meet the intent and purposes"
of the MEP. Because the intent and purpose of the MEP is to provide
supplemental services only to migrant children, State and local programs
subject to the exclusion must do the same.

## Maintenance of Effort

### E1. What is "maintenance of effort"? {#e1.-what-is-maintenance-of-effort .unnumbered}

"Maintenance of effort" refers to the requirement that a local
educational agency's combined fiscal effort per student or the aggregate
expenditures of the agency and the State on free public education in the
preceding fiscal year must not be less than 90 percent of the combined
fiscal effort or aggregate expenditures for the second preceding fiscal
year. (See sections 1120A and 9521 of the statute.)

### E2. Must local operating agencies comply with "maintenance of effort" requirements with respect to the MEP?  {#e2.-must-local-operating-agencies-comply-with-maintenance-of-effort-requirements-with-respect-to-the-mep .unnumbered}

No. Section 299.5(b) of the regulations excludes the MEP from this
requirement.

## Use of Funds

### F1. What is an "allowable activity" for which an SEA or local operating agency may use MEP funds? {#f1.-what-is-an-allowable-activity-for-which-an-sea-or-local-operating-agency-may-use-mep-funds .unnumbered}

An "allowable activity" is an activity that meets the requirements of
section 1306(b) of the statute, comports with the cost principles in the
Office of Management and Budget (OMB) Circular A-87, and meets the
applicable requirements of EDGAR, particularly Parts 76 and 80. (See
also Chapter XI -- "State Administration.")

### F2. What does section 1306(b) require?  {#f2.-what-does-section-1306b-require .unnumbered}

Section 1306(b) requires that **--**

-   The activities and services SEAs fund must comport with the results
    of the comprehensive statewide needs assessment and the requirements
    of the comprehensive service delivery plan.

-   SEAs must first use MEP funds to meet the identified needs of
    migrant children that result from their migrant lifestyle, and to
    permit these children to participate effectively in school.

-   In general, SEAs must use MEP funds to meet the needs of migrant
    children that are not addressed by services available from other
    Federal or non-Federal programs.

### F3. What are the cost principles contained in OMB Circular A-87? {#f3.-what-are-the-cost-principles-contained-in-omb-circular-a-87 .unnumbered}

Among other things, these cost principles establish that, in order for
costs to be allowable (and thus charged to the MEP), they must be:

1.  Necessary and reasonable for the proper and efficient performance
    and administration of the MEP;

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80. Allocable to the MEP under the provisions of the Circular;

81. Consistent with policies, regulations, and procedures that apply
    uniformly to both Federal and non-Federal funds; and

82. Permitted by the "Selected Items of Cost" in Attachment B of the
    Circular.

### F4. What are some examples of allowable activities for which an SEA or local operating agency may use MEP funds?  {#f4.-what-are-some-examples-of-allowable-activities-for-which-an-sea-or-local-operating-agency-may-use-mep-funds .unnumbered}

In general, SEAs and local operating agencies may use MEP funds for:

-   Instructional services (e.g., activities for preschool-age children
    and instruction in elementary and secondary schools, such as
    tutoring before and after school);

-   Support services (e.g., acting as an advocate of migrant children,
    providing access to health and social service providers; providing
    migrant families with necessary supplies);

-   Professional development (e.g., training programs for school
    personnel to enhance their ability to understand and appropriately
    respond to the needs of migrant children);

-   PAC and other parental involvement activities (see Questions B11-B13
    and C4-C7 in Chapter VII -- "Parental Involvement");

-   Identification and recruitment;

-   Coordination activities with other agencies, both within the State
    and with other States nationwide, including the transfer of student
    records;

-   Comprehensive needs assessment activities; and

-   Evaluation of the MEP.

### F5. May an SEA or local operating agency use MEP funds to construct school facilities? {#f5.-may-an-sea-or-local-operating-agency-use-mep-funds-to-construct-school-facilities .unnumbered}

No. This is not permitted because the MEP statute does not authorize the
use of MEP funds for construction.

### F6. May an SEA or local operating agency use MEP funds to pay for the utilities of a school building (e.g., janitorial and maintenance costs) that the MEP uses for a summer program? {#f6.-may-an-sea-or-local-operating-agency-use-mep-funds-to-pay-for-the-utilities-of-a-school-building-e.g.-janitorial-and-maintenance-costs-that-the-mep-uses-for-a-summer-program .unnumbered}

Yes. This is an allowable cost, provided that the agency does not
include the costs in its indirect cost pool during the same period.

## Combining MEP funds with other programs

### G1. May an SEA or local operating agency use MEP funds to support the participation of migrant students in another Federally-funded educational program (e.g., a program for limited English proficient students funded by Title III)?  {#g1.-may-an-sea-or-local-operating-agency-use-mep-funds-to-support-the-participation-of-migrant-students-in-another-federally-funded-educational-program-e.g.-a-program-for-limited-english-proficient-students-funded-by-title-iii .unnumbered}

Yes. However, section 1306(b)(2) and requirements of other Federal
programs place certain conditions on when and how this may be done.
Section 1306(b)(2) requires SEAs and local operating agencies to provide
services to migrant students from other Federal programs *before* they
use MEP funds to provide services. Furthermore, while each Federal
program has its own eligibility requirements, none permits migrant
students to be excluded from services because they are eligible for the
MEP. Therefore, other Federal programs must select and provide services
to eligible migrant students on the same basis as other eligible
children. After the other Federal program selects students for services,
an SEA or local operating agency may use MEP funds to increase the
number of migrant students who participate in the project and/or enhance
the services that participating migrant students otherwise receive.

One such example would be a Title III program that provides English
classes to limited English proficient students during the summer. Many
migrant children will be eligible for the Title III program because they
are limited English proficient. These children may not be excluded from
the Title III program simply because they are also eligible for the MEP.
They must be selected for the Title III program on the same basis as
other eligible children. Furthermore, section 1306(b)(2) provides that
these children should receive services from the Title III program
*before* the MEP provides the same or similar service. After the Title
III program selects the students who will participate, the local
operating agency may use MEP funds to increase the number of migrant
students who participate in the program by paying for the salary of an
extra teacher or paying a proportional amount of the per pupil
expenditure for additional migrant students.

### G2. May an SEA or local operating agency use MEP funds to provide services that are available under Title I, Part A?  {#g2.-may-an-sea-or-local-operating-agency-use-mep-funds-to-provide-services-that-are-available-under-title-i-part-a .unnumbered}

Yes, under limited circumstances. Section 1306(b)(2) provides an
exception to the requirement that other Federal program funds must be
used *before* MEP funds to provide a service in cases where migrant
children are eligible for both the MEP and another Federal program. In
the case of Title I, Part A, an agency may use MEP funds to provide
services available under Title I, Part A to migrant children who are
eligible for both programs. However, this exception applies only if MEP
funds remain *after* the agency has met all of the identified needs of
migrant students that result from their migrant lifestyle and that
permit these children to participate effectively in school. SEAs and
local operating agencies are encouraged to document that they have met
the special educational needs of migrant children if they use MEP funds
under this exception. If no MEP funds remain after meeting the needs
that result from the migrant lifestyle and that permit children to
participate effectively in school, Title I, Part A must provide services
to those migrant children who are eligible for the program on the same
basis as other children who are eligible for Title I, Part A.

### G3. May an SEA or local operating agency use MEP funds to support the participation of migrant children in a non-Federally funded program?  {#g3.-may-an-sea-or-local-operating-agency-use-mep-funds-to-support-the-participation-of-migrant-children-in-a-non-federally-funded-program .unnumbered}

Yes. However, SEAs and local operating agencies must ensure that the use
of MEP funds does not violate the "supplement, not supplant"
requirement. This requirement prohibits SEAs and local operating
agencies from using MEP funds to replace services that are otherwise
available from non-Federal sources. Title I regulations permit one
exception in cases where the non-Federally funded program meets the
intent and purposes of the MEP. (See Questions A1-A2 and D1-D3 of this
chapter.)

### G4. How may an agency combine MEP funds with a non-Federally funded program?  {#g4.-how-may-an-agency-combine-mep-funds-with-a-non-federally-funded-program .unnumbered}

SEAs and local operating agencies may jointly fund activities for
migrant children in a variety of ways. For example, consistent with the
"supplement, not supplant" considerations, an agency may use MEP funds
to pay for the salary of an extra teacher to enable more migrant
students to participate in a program. The agency may also contribute to
the cost of the program by paying a proportional amount of per pupil
expenditure for additional migrant students who can thereby participate.

Another example may involve co-funding a supplementary summer program
for migrant and non-migrant students. A State may fund a compensatory
education program during the summer that teaches reading to students who
scored less than 30 percent in the State reading assessment. The MEP
could not pay for those migrant students who scored less than 30 percent
on the State reading assessment to attend the program because this would
"supplant" the State funds (i.e., the MEP funds would replace the State
funds to which these students are entitled). However, the MEP may pay
for students who are not eligible for the State program under the
State's criterion (e.g., migrant students who scored above 30 percent on
the assessment) because this supplements the program with MEP funds.

## Equipment

### H1. May an SEA or local operating agency purchase equipment with MEP funds? {#h1.-may-an-sea-or-local-operating-agency-purchase-equipment-with-mep-funds .unnumbered}

Yes. However, before doing so, the SEA must determine that: (1) the
equipment is reasonable and necessary to operate the MEP effectively;
(2) existing equipment is not sufficient; and (3) the costs are
reasonable. (See in Question F3 in this chapter.) \[Please note that
section 80.36 of EDGAR also has requirements regarding procurements,
particularly for local operating agencies.\]

### H2. What procedures govern the use and management of equipment purchased with MEP funds? {#h2.-what-procedures-govern-the-use-and-management-of-equipment-purchased-with-mep-funds .unnumbered}

Section 80.32(b) of EDGAR requires a State to use and manage equipment
\"in accordance with State laws and procedures.\" Local operating
agencies, as subgrantees, must follow the procedures described in
sections 80.32(c) and (d) of EDGAR and any State procedures that are
consistent with these regulations.

### H3. How may a local operating agency increase its flexibility to use equipment purchased with MEP funds? {#h3.-how-may-a-local-operating-agency-increase-its-flexibility-to-use-equipment-purchased-with-mep-funds .unnumbered}

A local operating agency has several options available to increase
flexibility in using MEP equipment. For example, when the SEA permits a
local operating agency to purchase equipment with MEP funds, it may
share the cost on a proportional basis with other Federal, State, or
local programs that will also use the equipment. Likewi­se, a local
operating agency may allow other programs to use equipment purchased
with MEP funds for a reasonable user fee. In some cases, a local
operating agency may allow other programs to use MEP equipment for
non-MEP activities without charging a user fee, so long as the standards
described in Question H5 below are met.

### H4. Under what circumstances may a local operating agency allow the use of MEP equipment in non-MEP activities without charging a user fee? {#h4.-under-what-circumstances-may-a-local-operating-agency-allow-the-use-of-mep-equipment-in-non-mep-activities-without-charging-a-user-fee .unnumbered}

In general, sections 1301 and 1302 of the statute require an SEA or
local operating agency to use MEP funds only for programs and projects
designed to meet the special educational needs of migrant children.
However, the Department recog­nizes that, under some circumstances,
equipment purchased for a MEP project may, without constituting an
improper expendi­ture, be used on a less than full-time basis. In
particular, equipment purchased with MEP funds may be made available for
other educational uses if it does not interfere with its use in the MEP
project or significantly shorten the useful life of the equipment.

This guidance is consistent with section 80.32(c)(2) of EDGAR, which
allows equipment to be made available for use on other projects or
programs currently or previously supported by the Federal Government,
\"providing such use will not interfere with the work on the projects or
program for which it was originally acquired.\" Because a State may
adopt its own pro­cedures for use of MEP equipment, it could make use of
the flexibil­ity provided in section 80.32(c)(2).

### H5. How may an SEA or local operating agency ensure that use of MEP equipment in non-MEP activities does not interfere with the MEP project and is consistent with the MEP statute and regulations? {#h5.-how-may-an-sea-or-local-operating-agency-ensure-that-use-of-mep-equipment-in-non-mep-activities-does-not-interfere-with-the-mep-project-and-is-consistent-with-the-mep-statute-and-regulations .unnumbered}

A local operating agency that allows MEP equipment to be used in non-MEP
activities on a part-time basis must do so in a manner that protects the
integrity of the equipment as a MEP expenditure. Accordingly, the local
operating agency should document that the following standards are met:

-   the MEP equip­ment is part of a MEP project that meets the special
    educational needs of migrant children;

-   the equipment purchased with MEP funds is reasonable and necessary
    to conduct the MEP project, without regard to use in non-MEP
    activities;

-   the project has been designed to make maximum appropriate use of the
    equipment for MEP purposes; and

-   the use of the equipment in non-MEP activities does not decrease the
    quality or effective­ness of the MEP services provided to migrant
    children, increase the cost of using the equipment for the MEP
    project, or result in the exclusion of MEP children who otherwise
    would have been able to use the equipment.

### H6. Are there circumstances when a local operating agency does not have to document that these standards have been met? {#h6.-are-there-circumstances-when-a-local-operating-agency-does-not-have-to-document-that-these-standards-have-been-met .unnumbered}

Yes. If use of the equipment in non-MEP activities does not exceed 10
percent of the time the MEP uses the equip­ment, there is a presumption
that the non-MEP use is proper. In these circumstances, the non-MEP use
is incidental and the local operating agency does not have to document
that the standards in Question H5 above have been met.

### H7. What are some examples of the proper use of MEP equipment in non-MEP activities? {#h7.-what-are-some-examples-of-the-proper-use-of-mep-equipment-in-non-mep-activities .unnumbered}

The following examples illustrate some situations in which MEP equipment
may be used in non-MEP activities:

-   Computers purchased with MEP funds are used full-time during the
    school day but are idle during evening hours and would be beneficial
    to adult education classes or parent training classes that meet
    twice a week. Use of the computers in these classes would not be
    exten­sive and, therefore, would not significant­ly shorten the useful
    life of the equip­ment. Under these circumstances, the MEP computers
    may be used for the adult educa­tion or parent training classes.

-   MEP computers are used full-time except for one period each school
    day. The proper amount of computer equipment was purchased for the
    MEP project and the MEP project cannot be redesigned effectively to
    use the com­puters in every period. Under these circumstances, the
    MEP computers may be used for other educational activities during
    the period they are idle.

-   Ten listening centers were purchased with MEP funds a­nd are used
    regularly but not continuously in the MEP project. The MEP project
    cannot be designed effec­tively to use the centers more frequently.
    The listening centers are used in an extracurricular foreign
    language program for periods of time averaging 10 percent or less of
    the time devoted to MEP.

### H8. Is it appropriate for an SEA or local operating agency to consider non-MEP use of equipment in deciding whether to purchase equipment for the MEP?  {#h8.-is-it-appropriate-for-an-sea-or-local-operating-agency-to-consider-non-mep-use-of-equipment-in-deciding-whether-to-purchase-equipment-for-the-mep .unnumbered}

No. The SEA or local operating agency must purchase MEP equipment solely
on the basis of the needs of the MEP program, without regard to
contributions from other programs. It is improper for an agency to
consider the needs of other programs in deciding to purchase equipment
for the MEP. In addition, the agency must document that the equipment is
a reasonable and necessary expense for the MEP program. To ensure proper
use of MEP equipment, the SEA should review, approve, and monitor the
use of MEP equipment in non-MEP activities.

### H9. How does an SEA or local operating agency dispose of property purchased with MEP funds? {#h9.-how-does-an-sea-or-local-operating-agency-dispose-of-property-purchased-with-mep-funds .unnumbered}

Section 80.32(b) of the regulations provides that an SEA must dispose of
equipment "in accordance with State laws and procedures." Local
operating agencies, as subgrantees, must follow the procedures in
section 80.32(e) of EDGAR.

## Indirect Costs

### I1. What is an indirect cost? {#i1.-what-is-an-indirect-cost .unnumbered}

Fiscal accounting procedures classify the costs charged for all program
components as either \"direct costs\" or \"indirect costs.\" These terms
have precise meanings in terms of salary, materials and supplies,
equipment, utilities, and other kinds of expenses (\"cost objectives\")
for which program funds may be charged.

Indirect costs are those costs that: (1) are incurred in the course of
pursuing a common or joint purpose that benefits more than one cost
objective; and (2) are not readily assignable to those cost objectives
without an effort that is disproportionate to the benefits of doing so.
They differ from direct costs which, because they can be identified
specifically with a particular cost objective, may be charged directly
to a particular grant or contract. While any cost conceivably could be
charged to either a direct or indirect cost, those that might be charged
to the MEP most readily as indirect costs include costs for electricity,
janitorial service, refrigerator space, central computer use, and the
air conditioning that an SEA (or local operating agency) incurs to
operate a building in which many programs are administered.

To determine the amount that an agency may charge to its MEP grant as
indirect costs, the agency applies an \"indirect cost rate\" to the
total of its program expenditures. Under section 76.561 of EDGAR, the
Department approves the indirect cost rate for any SEA wishing to charge
indirect costs to its MEP grant. The SEA then approves a rate for each
local operating agency that requests one based on the rate the
Department approved.

### I2. May an SEA and local operating agency charge indirect costs to the MEP? {#i2.-may-an-sea-and-local-operating-agency-charge-indirect-costs-to-the-mep .unnumbered}

Yes. Indirect costs are allowable at both the State and local operating
agency levels. (See sections 76.560, 76.561, and 76.563 of EDGAR.)

### I3. What is a "restricted" indirect cost rate? {#i3.-what-is-a-restricted-indirect-cost-rate .unnumbered}

Section 76.563 of EDGAR provides that both SEAs and local operating
agencies must apply a restricted indirect cost rate to their MEP grants.
The \"restricted\" rate is lower than the general \"unrestricted\" rate
because it is based on an exclusion of certain agency-wide costs that,
because of the \"supplement, not supplant\" provision, cannot be charged
to MEP funds. Sections 76.564 through 76.569 of EDGAR describe how these
restricted rates are calculated.

## Travel

### J1. May an SEA authorize the use of MEP funds for travel and conference costs? {#j1.-may-an-sea-authorize-the-use-of-mep-funds-for-travel-and-conference-costs .unnumbered}

Yes. MEP funds may be used if the travel and conference expenditures are
reasonable and necessary and are specifically related to the MEP
projects, not to the general needs of the local operating agency or LEA.
(See OMB Circular A-87, Attachment B, Item Cost 30, regarding specific
rules on conference costs.)

## Transferability of Funds

### K1. Does the "transferability of funds" provision in section 6123 of the statute apply to the MEP?  {#k1.-does-the-transferability-of-funds-provision-in-section-6123-of-the-statute-apply-to-the-mep .unnumbered}

No. Although section 6123(a)(1) allows States to transfer up to 50
percent of nonadministrative funds for State activities among certain
programs listed in the statute, the MEP is not included as one of those
programs. Furthermore, although section 6123(a)(2) allows States to
transfer funds from certain programs to the "Title I program," the
Department has interpreted the reference to Title I to mean "Title I,
Part A." Therefore, these provisions do not apply to the MEP, and an SEA
may not transfer MEP funds under this authority.

#  {#section-69 .unnumbered}

# STATE ADMINISTRATION

SEAs may reserve funds from their Title I, Parts A, C, and D allocations
to administer the programs authorized under these parts. (See section
1004 of the statute.) In addition, SEAs may use MEP funds for
administrative functions that are unique to the MEP.

In administering the MEP, SEAs may choose to operate the MEP directly or
through subgrants to local operating agencies. If an SEA chooses to
subgrant, it remains responsible for the overall administration and
operation of the MEP and has sole authority to determine which local
operating agencies will operate the program. In making subgrants, the
SEA must comply with certain statutory requirements, which are explained
in further detail below.

SEAs must also keep records related to the administration and operation
of the MEP and must monitor local operating agencies to ensure that they
are in compliance with the statute and regulations.

This chapter addresses these significant administrative requirements of
the MEP.

#### STATUTORY REQUIREMENTS: {#statutory-requirements-10 .unnumbered}

Section 1004 of Title I, Part A; sections 1302, 1304(b)(5), 1304(d), and
1309 of Title I, Part C; section 9201 of the ESEA; sections 437(a) and
452(a) of GEPA

#### REGULATORY REQUIREMENTS: {#regulatory-requirements-9 .unnumbered}

34 CFR 76.300-76.401, 76.560, 76.561, 76.563, 76.730, 76.731, 76.770;
77.1; Part 80; 200.82; 200.83(c); 200.100(b)

## Funds for State Administration

### A1. How is the SEA paid for the costs of administering the MEP?  {#a1.-how-is-the-sea-paid-for-the-costs-of-administering-the-mep .unnumbered}

Sections 1004(a) of the statute and 200.100(b)(1) of the regulations
provide that SEAs may reserve the greater of 1 percent of the total
amount appropriated under Title I, Parts A, C, and D *or* \$400,000
(\$50,000 in the case of outlying areas) to pay the State for the costs
of administering these programs. (See section 200.100(b)(2) and Title I,
Part A guidance for more information on how to reserve the \$400,000
amount proportionately for each program.) SEAs may combine the reserved
amounts into a general Title I account for administration of these
programs or maintain the funds in separate accounts and administer the
MEP with the program funds specifically available for administration.

In addition, section 9201 of the statute allows States that receive more
than 50 percent of the resources available for administration from
non-Federal sources to consolidate administrative funds for Title I and
many other ESEA formula grant programs. SEAs may use these funds both
for administration of any of the programs that contribute to the pool
and for additional uses identified in section 9201(b)(2).

### A2. What types of MEP administrative costs may be paid out of the funds available for State administration? {#a2.-what-types-of-mep-administrative-costs-may-be-paid-out-of-the-funds-available-for-state-administration .unnumbered}

ESEA funds available for State administration may be used for general
administrative activities, such as:

-   Design and distribution of forms required to operate the program,
    such as LEA applications, performance and financial reports, and
    evaluation reports;

-   Processing of project applications (but not necessarily the costs of
    reviewing them for compliance);

-   Review and aggregation of reported data of the type generally
    reported under the ESEA;

-   Monitoring of projects for fiscal compliance with the statutory and
    regulatory requirements;

-   Maintenance of fiscal control and accounting procedures; and

-   Dissemination of information.

### A3. Are there record keeping requirements regarding the use of administrative funds? {#a3.-are-there-record-keeping-requirements-regarding-the-use-of-administrative-funds .unnumbered}

Yes. SEAs must comply with the record keeping requirements in Section
80.42 of EDGAR regarding expenditure of State administrative funds. (See
section C on Record- keeping of this chapter.) If the SEA consolidates
the administrative funds, its records need only reflect that the funds
were obligated for the administration of one or more of the programs
that contributed to the administrative cost pool. There is no need to
track these funds by the particular program that may have benefited.

### A4. Are there any administrative costs incurred at the SEA level for which the SEA may use MEP funds, beyond the amount the SEA reserves for general administration? {#a4.-are-there-any-administrative-costs-incurred-at-the-sea-level-for-which-the-sea-may-use-mep-funds-beyond-the-amount-the-sea-reserves-for-general-administration .unnumbered}

Yes. Section 200.82 of the regulations permits SEAs to use MEP funds at
the State level to perform administrative functions that are unique to
the MEP, including those functions that are the same or similar to the
administrative activities performed by LEAs under the Title I, Part A
program. Those activities include, but are not limited to:

1.  Statewide identification and recruitment;

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83. Interstate and intrastate coordination of the State MEP and its
    local projects with other relevant programs and local projects in
    the State and in other States;

84. Procedures beyond those required generally by State and local
    agencies for providing educational continuity for migrant children
    through the timely transfer of educational and health records;

85. Collecting and using information needed for accurate distribution of
    subgrant funds;

86. Collecting and using information needed to report Category 1 and
    Category 2 child counts;

87. Development of the statewide needs assessment and comprehensive
    State plan for MEP service delivery;

88. Supervision of instructional and support staff;

89. Establishment and implementation of the State parent advisory
    council; and

90. Conducting an evaluation of the effectiveness of the State MEP.

(See 34 CFR 200.82(a) through (f).)

**A5. Must the SEA reserve MEP funds for school improvement?**

No. Section 1003(a) of the statute and section 200.100(a) of the
regulations provide that the reservation of funds for school improvement
applies only to Title I, Part A funds.

## Subgranting

### B1. How may an SEA operate the MEP?  {#b1.-how-may-an-sea-operate-the-mep .unnumbered}

Section 1302 of the statute provides that the SEA, upon approval of its
application, receives a grant to establish or improve education programs
for migrant children in accordance with the statute. The SEA may operate
the program directly or subgrant the MEP\'s operations to local
operating agencies. If the SEA chooses to subgrant, it has sole
authority for determining which local operating agencies will operate
the program. The SEA remains responsible for the overall administration
and operation of the MEP in the State.

If the SEA chooses to operate the MEP through subgrants to local
operating agencies, it must ensure that those agencies comply with all
applicable statutory and regulatory requirements. (See section 76.770 of
EDGAR.)

### B2. What is a subgrant? {#b2.-what-is-a-subgrant .unnumbered}

A subgrant is an award of financial assistance, in the form of money,
made under a grant by a grantee (the SEA) to an eligible subgrantee (the
local operating agency). (See section 80.3 of EDGAR.)

### B3. What agencies may the SEA subgrant to if it chooses to operate the MEP this way?  {#b3.-what-agencies-may-the-sea-subgrant-to-if-it-chooses-to-operate-the-mep-this-way .unnumbered}

The SEA may subgrant to local operating agencies, which may be local
educational agencies, other public agencies, or nonprofit private
agencies. (See section 1309(1) of the statute for the definition of a
local operating agency and section 77.1 of EDGAR for the definition of a
local educational agency and nonprofit agency.)

### B4. May two or more local educational agencies enter into a cooperative arrangement to apply for a MEP subgrant? {#b4.-may-two-or-more-local-educational-agencies-enter-into-a-cooperative-arrangement-to-apply-for-a-mep-subgrant .unnumbered}

Yes, this type of arrangement is permitted.

### B5. How does an SEA decide which local operating agencies will receive subgrants?  {#b5.-how-does-an-sea-decide-which-local-operating-agencies-will-receive-subgrants .unnumbered}

In deciding which subgrantees will best deliver services to migrant
children, the SEA should consider the results of its comprehensive needs
assessment, the types of services necessary to address the needs of
migrant children, and the capacity of the local operating agencies.

### B6. Is any local operating agency *entitled* to receive an MEP subgrant? {#b6.-is-any-local-operating-agency-entitled-to-receive-an-mep-subgrant .unnumbered}

No. The SEA has the option to operate the MEP directly or through
subgrants to local operating agencies. The SEA determines which
agencies, if any, receive subgrants to operate the MEP.

##### Determining Subgrant Amounts {#determining-subgrant-amounts .unnumbered}

### B7. Who is responsible for determining the amount of a subgrant to a local operating agency? {#b7.-who-is-responsible-for-determining-the-amount-of-a-subgrant-to-a-local-operating-agency .unnumbered}

The SEA has sole responsibility for determining amounts of subgrants.

### B8. May the SEA distribute funds to a local operating agency solely on the basis of the number of migratory children residing in the area it will serve?  {#b8.-may-the-sea-distribute-funds-to-a-local-operating-agency-solely-on-the-basis-of-the-number-of-migratory-children-residing-in-the-area-it-will-serve .unnumbered}

No. In determining the amount of a subgrant, the SEA must distribute
funds based on the requirements in section 1304(b)(5) of the statute.
The SEA must take into account:

1.  the numbers of migrant children;

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91. the needs of migrant children;

92. the statutory priority to first serve children who are failing, or
    most at risk of failing to meet the State's challenging State
    academic content standards and whose education has been interrupted
    during the regular school year; and

93. the availability of funds from other Federal, State, and local
    programs.

### B9. How does the SEA take into account the number of migrant children in determining the amount of a subgrant?  {#b9.-how-does-the-sea-take-into-account-the-number-of-migrant-children-in-determining-the-amount-of-a-subgrant .unnumbered}

In determining the amount of its subgrants, the SEA must take into
account the number of migrant children who reside and/or are expected to
reside in the project area. SEAs have considerable latitude in deciding
how to include this factor in the subgrant process. However, the method
should take into account the nature, scope, and cost of the projects to
be implemented.

SEAs may meet this requirement by considering the number of eligible
children who:

-   reside or are expected to reside in the project area, and/or

-   are enrolled or expected to be served in a project.

### B10. How does the SEA take into account the needs of migrant children in determining the amount of a subgrant?  {#b10.-how-does-the-sea-take-into-account-the-needs-of-migrant-children-in-determining-the-amount-of-a-subgrant .unnumbered}

Based on the results of its comprehensive statewide needs assessment,
the SEA will identify the \"special educational needs\" of migrant
children. The SEA is required to take the needs of migrant children into
account in determining the amount of subgrants. However, the SEA does
not have to take into account *all* of the identified special
educational needs of migrant children in its subgrant procedure.

In addition, in cases where there is insufficient information regarding
an identified need, the SEA may use the best available proxy. For
example, if the SEA has identified the need for additional instructional
time in reading (to make up for the instructional time migrant students
lose due to family mobility)-- but specific information on the amount of
time lost per migrant student is not available-- the results of State
and/or local assessments in reading could be used as a proxy for this
need. In determining which needs and measures to use, the SEA must
balance achieving effectiveness and efficiency in implementing its
subgrant process.

### B11. How does the SEA take into account the statutory "priority for services" in determining the amount of a subgrant?  {#b11.-how-does-the-sea-take-into-account-the-statutory-priority-for-services-in-determining-the-amount-of-a-subgrant .unnumbered}

The SEA must take into account the \"priority for services\" requirement
of section 1304(d) in determining the amount of a subgrant. Students who
have \"priority for services\" are those migrant children who are: (1)
failing, or most at risk of failing, to meet the State\'s challenging
State academic content standards and challenging State student academic
achievement standards; and (2) whose education has been interrupted
during the regular school year. An SEA\'s subgrant process may take this
factor into account by considering the number of \"priority for
services\" children who reside in the areas to be served or are expected
to be served by a local operating agency.

### B12. How does the SEA take into account the availability of other Federal, State, or local funds in determining the amount of a subgrant?  {#b12.-how-does-the-sea-take-into-account-the-availability-of-other-federal-state-or-local-funds-in-determining-the-amount-of-a-subgrant .unnumbered}

In determining the size of a subgrant, the SEA must take into account
the availability of other funds that a local operating agency may
leverage to provide services to migrant children. The SEA may examine
the funding levels of programs that the local operating agency conducts
and that are available to migrant children, or evaluate the availability
of other Federal, State, or local funds by collecting data on per-pupil
expenditures. Alternatively, an SEA may consider this factor by
collecting data on the programs and/or services that are available and
offered to migrant children in a local operating agency.

### B13. May the SEA consider other factors (in addition to the four required factors) in determining the amount of a subgrant?  {#b13.-may-the-sea-consider-other-factors-in-addition-to-the-four-required-factors-in-determining-the-amount-of-a-subgrant .unnumbered}

Yes. The SEA may consider any other relevant criteria, consistent with
the State\'s service delivery priorities and the nature, scope, and cost
of the projects to be implemented.

### B14. What are the most common approaches SEAs use to determine subgrant amounts?  {#b14.-what-are-the-most-common-approaches-seas-use-to-determine-subgrant-amounts .unnumbered}

The most common approaches in determining the amount of a subgrant are:
(1) a "formula" approach, (2) a "negotiation" approach, or (3) a
combination of the formula and negotiation approaches.

In the formula approach, the SEA uses quantitative data to generate a
total number of points for each local operating agency. The amount of a
subgrant is based on the amount of MEP funds the SEA sets aside for
subgrants and the subgrantee's share of those funds based on the
proportion that its points are of the grand total of points generated by
all eligible subgrantees.

In the negotiation approach, the SEA reviews a description of the
proposed activities and a budget request that the local operating agency
submits. The SEA determines the final subgrant amounts based on the
quality of the proposal and any negotiated adjustments.

In the combination approach, local operating agencies submit project
applications based on a preliminary subgrant amount that the SEA
determines by formula. The SEA determines the final subgrant amounts
based on the quality of the applications and any negotiated adjustments.

### B15. What is a "hold-harmless" provision? {#b15.-what-is-a-hold-harmless-provision .unnumbered}

"Hold-harmless" provisions cap the year-to-year change in subgrant
amounts (e.g., a "hold-harmless" provision might guarantee that each
local operating agency receives at least 95 percent of the prior year's
allocation), regardless of the numbers or needs of migrant students to
be served each year by the various local operating agencies in the
State.

### B16. May SEAs apply a "hold-harmless" provision in subgranting MEP funds? {#b16.-may-seas-apply-a-hold-harmless-provision-in-subgranting-mep-funds .unnumbered}

No. The statute does *not* authorize SEAs to apply a hold-harmless
provision in determining the amount of subgrants. SEAs have great
flexibility in determining the best way to distribute MEP funds among
their subgrantees. However, in exercising this flexibility, SEAs need to
ensure that their subgrant procedures take into account the numbers and
needs of migrant children, the priority for services, and the
availability of other State, local, and Federal funds. (See Questions B8
through B12 of this chapter.) While the SEA may take into account the
amount of funds that a local operating agency carries over from the
previous fiscal year, the amount of funds that the local operating
agency received in the previous year should not be a factor in
subgranting MEP funds.

### B17. Should the SEA examine the effects of its subgrant process? {#b17.-should-the-sea-examine-the-effects-of-its-subgrant-process .unnumbered}

Yes. The SEA should test its subgrant process to determine whether it
will permit subgrantees to receive sufficient MEP funds to adequately
serve priority for services children and those with the greatest needs.

##### Subgrant Process {#subgrant-process .unnumbered}

### B18. What type of information should an SEA request before making a subgrant to a local operating agency?  {#b18.-what-type-of-information-should-an-sea-request-before-making-a-subgrant-to-a-local-operating-agency .unnumbered}

The SEA should request information specific enough to allow the SEA to
determine if the proposed project will satisfy the requirements of the
statute, MEP regulations, the approved SEA application, and the SEA's
comprehensive needs assessment and service delivery plan. For example,
such information may include:

-   the number of eligible migrant children, including the number of
    those children who are "priority for services";

-   an assessment of the special educational needs of those children;

-   a description of the measurable goals and outcomes the agency has
    established in order to address the needs of migrant children;

-   the estimated number of students the project will serve;

-   a description of the project and the services it will provide,
    including how the agency will select children for services;

-   a description of how the agency will evaluate whether the program
    achieved its goals and outcomes;

-   if schools within the local operating agency intend to combine MEP
    funds in a schoolwide program, written documentation that the school
    has met the special educational needs of migrant children in that
    school;

-   for programs of one school year in duration, evidence of the
    involvement of a PAC;

-   a description of the agency's intrastate and interstate coordination
    efforts, particularly with regard to the transfer of student
    records;

-   a description of the agency's coordination efforts with other local,
    State, and Federal programs;

-   a description of the agency's consultation with private school
    officials, if there are eligible migrant children attending private
    schools;

-   a budget for carrying out the project's activities, including the
    availability of other funds from Federal, State, or local programs;
    and

-   any necessary assurances that the SEA requires.

### B19. May the SEA approve a project that addresses special educational needs that are not identified in the SEA's comprehensive needs assessment and service delivery plan?  {#b19.-may-the-sea-approve-a-project-that-addresses-special-educational-needs-that-are-not-identified-in-the-seas-comprehensive-needs-assessment-and-service-delivery-plan .unnumbered}

Yes. However, the SEA should first ensure that the local operating
agency has sufficiently addressed the needs the SEA identified in its
comprehensive needs assessment. It is within the SEA's discretion to
fund a project that proposes to address other identified special
educational needs of migrant children, if funds are available for this
purpose and if services to address these needs are not available from
another funding source.

### B20. If the number or needs of children to be served or the services to be provided change significantly after the SEA approves the project, may the local operating agency continue to operate the project without providing updated information? {#b20.-if-the-number-or-needs-of-children-to-be-served-or-the-services-to-be-provided-change-significantly-after-the-sea-approves-the-project-may-the-local-operating-agency-continue-to-operate-the-project-without-providing-updated-information .unnumbered}

No. The local operating agency should submit updated information and
include the following:

-   a description of any significant changes in the number or needs of
    children to be served or the services to be provided;

-   a revised budget for the expenditure of MEP funds, if appropriate;
    and

-   other information that the SEA may request.

### B21. What constitutes the kind of \"significant change\" that may require a local operating agency to provide updated information? {#b21.-what-constitutes-the-kind-of-significant-change-that-may-require-a-local-operating-agency-to-provide-updated-information .unnumbered}

SEAs have discretion in determining what constitutes \"significant
changes in the number or needs of children to be served or the services
to be provided.\" Some examples of \"significant changes\" might be
those that require budget modification, such as: (1) unanticipated needs
for major purchases; (2) a change in the type of program needed (e.g.,
extended day program versus in-school program); or (3) a change in the
student population (e.g., the assessment was based on single, school-age
males who migrate on their own, but the population is actually families
with young children). Other changes in program services, such as a
change in the subject areas offered or change in some of the
instructional materials used, might not be considered a \"significant
change\" unless they substantially affect the local operating agency\'s
MEP budget.

## Record keeping

### C1. What MEP records are SEAs and subgrantees required to keep? {#c1.-what-mep-records-are-seas-and-subgrantees-required-to-keep .unnumbered}

Sections 76.730 and 76.731 of EDGAR require SEAs and subgrantees to keep
records that show:

-   the amount of funds under the grant or subgrant;

-   how the SEA or subgrantee uses the funds;

-   the total cost of the project;

-   the share of that cost provided from other sources; and

-   other records as needed to facilitate an effective audit.

In addition, the SEA and its subgrantees are required to keep records to
show their compliance with program requirements.

### C2. How long must the SEA and local operating agency maintain MEP records? {#c2.-how-long-must-the-sea-and-local-operating-agency-maintain-mep-records .unnumbered}

Generally, records must be maintained for three years after the date the
grantee or local operating agency submits its last expenditure report
for the period in question. (See sections 80.42(b) and (c) of EDGAR.) If
any litigation, claim, negotiation, audit, or other action involving the
records has been started before the expiration of the three year period,
the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the
regular three year period, whichever is later.

### C3. How long must an SEA or local operating agency keep a COE? {#c3.-how-long-must-an-sea-or-local-operating-agency-keep-a-coe .unnumbered}

The length of time that an SEA must keep a COE depends on whether the
child makes subsequent qualifying moves, which will increase the amount
of time. For example, a certificate of eligibility that indicates that a
child made a qualifying move in October 2000 means that the child will
remain eligible, without another qualifying move, until October 2003. A
child eligible in October 2003 would be included in the Category 1 child
count for the period September 1, 2003 -- August 31, 2004 and would
generate FY 2005 funding for the State. FY 2005 funds may be used, with
carryover, until September 30, 2007. The SEA does not need to submit the
final expenditure report for these funds to the Department until as late
as December 31, 2007. *The three year record retention period begins in
December 2007 when the SEA submits the final expenditure report and runs
until December 31, 2010. Therefore, the SEA would have to keep this
particular certificate of eligibility until December 31, 2010.*

### C4. What records are necessary to support the salary costs charged to MEP funds for an employee who has both MEP and non-MEP responsibilities? {#c4.-what-records-are-necessary-to-support-the-salary-costs-charged-to-mep-funds-for-an-employee-who-has-both-mep-and-non-mep-responsibilities .unnumbered}

A grantee must maintain appropriate time distribution records. Actual
costs charged to each program must be based on the employee\'s time
distribution records. For instructional staff, including teachers and
instructional aides, class schedules that specify the time that such
staff members devote to MEP activities may be used to demonstrate
compliance with the requirement for time distribution records so long as
there is corroborating evidence that the staff members actually carried
out the schedules.

### C5. For record keeping purposes, may an SEA and local operating agency substitute copies for original records? {#c5.-for-record-keeping-purposes-may-an-sea-and-local-operating-agency-substitute-copies-for-original-records .unnumbered}

Yes. Section 80.42(d) of EDGAR allows SEAs and local operating agencies
to substitute original records with copies made by microfilming,
photocopying, or similar methods.

### C6. Do Federal officials have the right to access official records of a grantee or subgrantee? {#c6.-do-federal-officials-have-the-right-to-access-official-records-of-a-grantee-or-subgrantee .unnumbered}

Yes. Section 80.42(e) of EDGAR provides that, for purposes of making
audits, examinations, excerpts, and transcripts, the Department and the
Comptroller General of the United States, or any of their authorized
representatives, have the right to access any books, documents, papers,
or other records of grantees and subgrantees that are pertinent to the
grant.

## Federal and State Monitoring

### D1. What areas may a Federal program review cover? {#d1.-what-areas-may-a-federal-program-review-cover .unnumbered}

The Department usually conducts its review of the MEP at the SEA and
local level. The review typically covers three areas:

-   compliance with applicable Federal laws and regulations, and with
    the approved State plan;

-   identification of exemplary programs and projects; and

-   potential need for technical assistance.

### D2. May the Department cite an SEA for non-compliance with MEP requirements or the consolidated State application? {#d2.-may-the-department-cite-an-sea-for-non-compliance-with-mep-requirements-or-the-consolidated-state-application .unnumbered}

Yes. The SEA, as the grantee, is responsible for implementing its
program in accordance with the MEP requirements and the consolidated
State application. Any failure to adhere to these requirements may
expose the SEA to a finding of noncompliance. This could result in the
need for either corrective action or a refund of MEP funds. (See section
452(a) of GEPA.)

### D3. Must an SEA monitor all grant and subgrant activities? {#d3.-must-an-sea-monitor-all-grant-and-subgrant-activities .unnumbered}

Yes. Section 80.40(a) of the regulations requires SEAs to \"\...monitor
grant and subgrant supported activities to assure compliance with
applicable Federal requirements and that performance goals are being
achieved.\" This provision also requires the SEA to manage the
day-to-day operations of subgrant activities and to monitor each
program, function, or activity of the grant. Therefore, the SEA should
monitor its subgrantees for compliance with Federal statutes and
regulations, applicable State rules and policy, needs assessment
findings, the consolidated State application, and the SEA-approved
operating agency agreement. To do so, SEAs are encouraged to conduct a
systematic review of all MEP activities on a periodic basis to determine
whether local operating agencies have made progress toward meeting all
approved project objectives.

### D4. How often should an SEA monitor a local operating agency project on site? {#d4.-how-often-should-an-sea-monitor-a-local-operating-agency-project-on-site .unnumbered}

An SEA should monitor local operating agencies as often as it deems
necessary to ensure that the local operating agencies comply with MEP
requirements. Thus, if the SEA has reason to believe that one or more
local operating agencies are not adequately implementing their projects,
it should monitor them more frequently. It is reasonable and appropriate
for an SEA to schedule monitoring reviews of these agencies prior to
awarding new subgrants.

## State Rulemaking

### E1. Does the statute permit SEAs to adopt their own rules, regulations, and policies regarding the Title I programs, including the MEP? {#e1.-does-the-statute-permit-seas-to-adopt-their-own-rules-regulations-and-policies-regarding-the-title-i-programs-including-the-mep .unnumbered}

Yes. Section 1903(a)(1) provides generally that each State may issue
rules, regulations, or policies so long as they are consistent with the
Title I statute, regulations, and other applicable provisions.

### E2. What are the requirements of State rulemaking? {#e2.-what-are-the-requirements-of-state-rulemaking .unnumbered}

A State that decides to issue rules, regulations, or policies that
either govern the State\'s Title I programs or interpret Federal
requirements must: (1) formally involve a committee of practitioners in
the State rulemaking process; (2) minimize rules, regulations, and
policies to which the State's local educational agencies and schools are
subject; (3) eliminate or modify State or local fiscal requirements as
needed to facilitate the ability of schools to consolidate funds under
schoolwide programs; and (4) identify any such rule, regulation, or
policy as a State-imposed requirement. (See section 1903(a)(1) of the
statute.)

### E3. In what ways must the SEA involve the committee of practitioners in rulemaking? {#e3.-in-what-ways-must-the-sea-involve-the-committee-of-practitioners-in-rulemaking .unnumbered}

Section 1903(b) requires the SEA to convene a State committee of
practitioners to review any proposed or final rule before publication.
Additionally, if a State issues policies, rather than regulations, that
the SEA and local operating agencies are required to follow, the State
must comply with the same consultation requirements for issuing rules
and regulations.

An SEA may issue an interim rule or regulation relating to the
administration or operation of the Title I programs (including the MEP)
without consulting the committee of practitioners only in an emergency,
when time constraints prevent consultation. However, the committee must
be convened to review the emergency rule or regulation before it is
issued in final form. (See section 1903(b)(3) of the statute.)

### E4. How are members of the committee of practitioners chosen? {#e4.-how-are-members-of-the-committee-of-practitioners-chosen .unnumbered}

Members of the committee are chosen under State procedures. Typically,
SEAs will select the membership. The SEA is encouraged to solicit
nominations for membership from organizations with an understanding of
the MEP and of the culture and lifestyle of migrant children and their
families.

### E5. Are there any requirements regarding who must be included in the committee of practitioners? {#e5.-are-there-any-requirements-regarding-who-must-be-included-in-the-committee-of-practitioners .unnumbered}

Yes. Section 1903(b)(2) of the statute requires the committee to include
administrators, teachers, school board members, parents, representatives
of private school children, and pupil services personnel. A majority of
committee members must be representatives of LEAs or other operating
agencies, such as local administrators, teachers, and local school board
members.

### E6. May members of the State parent advisory council (PAC) be members of the committee of practitioners? {#e6.-may-members-of-the-state-parent-advisory-council-pac-be-members-of-the-committee-of-practitioners .unnumbered}

Yes. It may be appropriate to have State PAC members join the committee
of practitioners to fulfill the parent membership requirement. However,
the State PAC cannot be used as a substitute for the committee of
practitioners. The committee serves a broader purpose and its membership
differs from that of the PAC in that it includes local operating agency
representatives who represent local educational concerns and the
interests of local operating agencies.

### E7. May the MEP use the same committee of practitioners as the one used by other Title I programs?  {#e7.-may-the-mep-use-the-same-committee-of-practitioners-as-the-one-used-by-other-title-i-programs .unnumbered}

Yes. The MEP may use all or part of a committee of practitioners that
has been empanelled to review rules or policies for the Title I
programs, so long as the committee members are familiar with issues
relating to migrant children and the MEP. In such case, the SEA should
ensure that the members understand: 1) that the administration and
operation of the MEP is the SEA\'s responsibility (not the LEA\'s, as in
the Title I, Part A program); and 2) that decisions about rules and
policies are made at the SEA level unless the SEA delegates this duty to
the local operating agencies.

## Audits

### F1. What does the Single Audit Act of 1984 require? {#f1.-what-does-the-single-audit-act-of-1984-require .unnumbered}

The Single Audit Act of 1984 (as amended by the Single Audit Act
Amendments of 1996) requires that an independent auditor annually audit,
for internal control and compliance, SEAs or LEAs receiving \$300,000 or
more a year in Federal assistance. Those receiving less than \$300,000 a
year are governed by audit requirements prescribed by State or local law
or regulation. Under a single audit, auditors test the charges of each
major Federal assistance program.

### F2. What document do auditors use to conduct audits under the Single Audit Act? {#f2.-what-document-do-auditors-use-to-conduct-audits-under-the-single-audit-act .unnumbered}

Auditors use the Compliance Supplement to Office of Management and
Budget Office (OMB) Circular A-133 (entitled "Audits of States, Local
Governments and Non-Profit Organizations"). The Compliance Supplement
identifies important fiscal and programmatic compliance requirements
that the Federal Government expects auditors to examine for each major
Federal program that they review in a State or local single audit. For
the 2003 Compliance Supplement, in addition to cross-cutting program
requirements (such as allowable activities and cash management),
auditors who audit charges to the MEP are asked to consider compliance
with the "priority for services" requirement (See Questions B1-B6 in
Chapter V -- "Provision of Services.") and the SEA's subgrant process
(i.e., whether it takes into account the four factors in the statute).
(See Questions B7-B17 of this chapter.)

### F3. May an SEA use MEP funds to pay for the cost (or portion of the cost) of a Single Audit?  {#f3.-may-an-sea-use-mep-funds-to-pay-for-the-cost-or-portion-of-the-cost-of-a-single-audit .unnumbered}

Yes. An SEA may use MEP funds to pay a prorated share of the cost of the
audit according to the percentage the MEP contributes toward the total
amount of Federal assistance received by the SEA or LEA. The percentage
may be exceeded in cases where appropriate documentation shows that
higher actual costs were incurred to audit the MEP program.

### F4. Who resolves audit findings? {#f4.-who-resolves-audit-findings .unnumbered}

The Department resolves audits regarding SEAs and SEAs resolve audits
regarding local operating agencies.

### F5. Who has the authority to conduct audits of the use of MEP funds? {#f5.-who-has-the-authority-to-conduct-audits-of-the-use-of-mep-funds .unnumbered}

At the Federal level, both the Department\'s Office of Inspector General
(OIG) and the General Accounting Office (GAO) may conduct audits of the
use of program funds. The OIG conducts three types of audits: (1)
external audits of grantee or contractor operations; (2) internal audits
of the Department's administration and management; and (3) national
audits of issues or problem areas having national significance and
potentially requiring corrective action at the Federal level.

At the State level, audits are conducted annually by independent
auditors, as required by the Single Audit Act. States implement this
provision through use of a State auditor or hiring an independent
auditing firm.

### F6. What is the Office of Inspector General (OIG)? {#f6.-what-is-the-office-of-inspector-general-oig .unnumbered}

Congress created the OIG through the Inspector General Act of 1978.
Although it reports to the Secretary, it is separate and distinct from
the program office units in the Department. The authorizing statute
establishes OIG as an independent and objective unit that:

-   Conducts and supervises audits and investigations relating to the
    programs and operations of the Department;

-   Provides leadership, coordination, and recommendations on activities
    that: (1) promote economy, efficiency, and effectiveness; and (2)
    reduce or detect fraud and abuse in the administration of programs;
    and

-   Provides a means of keeping the Secretary and Congress informed
    about problems and deficiencies relating to the administration of
    the Department\'s programs and the necessity for corrective action.

### F7. How does a grantee prepare for an audit? {#f7.-how-does-a-grantee-prepare-for-an-audit .unnumbered}

There are certain ongoing activities that assist in preparing for an
audit. They are:

-   Establishing internal controls;

-   Complying with Federal requirements;

-   Establishing and maintaining proper record keeping and record
    retention systems; and

-   Requesting and performing internal audits.

### F8. What types of internal controls should a grantee have in place? {#f8.-what-types-of-internal-controls-should-a-grantee-have-in-place .unnumbered}

A grantee should have internal controls that demonstrate, among other
things, that:

-   Payroll records support charges to Federal funds;

-   Procedures exist to verify that charges are allowable under the
    grant or contract;

-   Procedures exist to verify that program participants are eligible;
    and

-   Corrective actions result from monitoring reviews.

### F9. What are some characteristics of a good internal control system? {#f9.-what-are-some-characteristics-of-a-good-internal-control-system .unnumbered}

Internal controls should include these components:

-   A plan of organization that segregates duties as appropriate in
    order to safeguard resources;

-   A system of authorization and recording procedures adequate to
    provide effective accounting control over assets, liabilities,
    revenues, and expenses;

-   Established practices that each organizational component follows to
    perform its duties and functions;

-   Qualified personnel trained to perform their responsibilities; and

-   Effective systems of internal review.

### F10. What kinds of activities might be the subject of an audit? {#f10.-what-kinds-of-activities-might-be-the-subject-of-an-audit .unnumbered}

An audit will review such compliance requirements as:

-   Eligibility of participants;

-   Consolidation of administrative funds;

-   Use of unneeded program funds;

-   Use of funds in coordinated service projects and schoolwide
    programs;

-   Allowable costs;

-   Supplement, Not Supplant compliance;

-   Comparability compliance;

-   Participation of private school children;

-   Period of availability of Federal funds; and

-   Financial reporting.

### F11. How long must a grantee keep, for audit purposes, records related to a grant? {#f11.-how-long-must-a-grantee-keep-for-audit-purposes-records-related-to-a-grant .unnumbered}

Grant records that are the subject of an audit initiated prior to the
end of the record retention period must be retained until the audit,
audit resolution, or audit appeal is complete. Record keeping should
establish an audit trail beginning with the preparation of the
application, and should include records to support the application. (See
Chapter XI -- "State Administration" for general record-keeping
requirements.)

### F12. What happens after the SEA submits the audit to the Department? {#f12.-what-happens-after-the-sea-submits-the-audit-to-the-department .unnumbered}

The Department reviews the auditor's findings and the SEA's response to
determine whether the audit findings are sustainable. If the findings
are not sustainable, the Department will inform the SEA that no further
action is necessary. If the findings are sustainable, the Department
may, depending on the nature of the finding, provide technical
assistance, require corrective action, or request a reimbursement of
funds. If the Department requires the SEA to take corrective action or
reimburse funds, it will issue a program determination letter (PDL)
stating the reasons for this determination.

### F13. What are the SEA's rights in audit proceedings? {#f13.-what-are-the-seas-rights-in-audit-proceedings .unnumbered}

SEAs have a right to comment on the draft and final audit reports. They
also have a right to appeal a program determination letter (PDL) to the
Department's Office of Administrative Law Judges (OALJ).

## Complaint Procedures

### G1. Should an SEA adopt procedures for resolving complaints about the way it operates the MEP? {#g1.-should-an-sea-adopt-procedures-for-resolving-complaints-about-the-way-it-operates-the-mep .unnumbered}

Yes. An SEA should adopt written procedures for receiving and resolving
any complaint that an SEA or local operating agency is violating a
Federal statute or regulation that applies to the MEP. These written
procedures should include how the SEA will review appeals of decisions
made by local operating agencies and how the SEA will conduct
independent onsite investigations of a complaint.

#   {#section-70 .unnumbered}

# CROSS--CUTTING ISSUES

This chapter includes questions and answers regarding migrant children
or the MEP that are addressed in the guidance documents of other
programs authorized under ESEA, as amended by NCLB. As the Department
issues additional guidance, OME will update this chapter to include
other policy guidance that pertains specifically to migrant children or
the MEP. Currently, the chapter includes questions from the draft
non-regulatory policy guidance issued by the Department for the Title I,
Part A program on standards and assessments and paraprofessional
qualification requirements. The reader should note that this chapter is
not meant to be a substitute for reading these guidance documents in
full. It is necessary to read the entire guidance document on a
particular subject to understand the context and gain a better
understanding of the topic.

## A. Standards and Assessments {#a.-standards-and-assessments .unnumbered}

### A1. Must a state include migrant and other mobile students who have not attended a school or LEA for a full academic year in the State\'s assessment system? {#a1.-must-a-state-include-migrant-and-other-mobile-students-who-have-not-attended-a-school-or-lea-for-a-full-academic-year-in-the-states-assessment-system .unnumbered}

Yes. States must include all children in their State assessments,
regardless of the amount of time students have been enrolled in a school
or district in the State and regardless of whether the students are to
be included for reporting and accountability purposes.

### A2. Must a State include migrant students in its assessments if the migrant children are on schedule to return to their \"home base\" school and will participate in that State\'s assessment? {#a2.-must-a-state-include-migrant-students-in-its-assessments-if-the-migrant-children-are-on-schedule-to-return-to-their-home-base-school-and-will-participate-in-that-states-assessment .unnumbered}

Yes. In this situation, some students may be tested twice if they travel
between two States that test at different times. However, the ESEA, as
amended by NCLB, requires a State to use the same assessment system to
measure the achievement of all children. The law and regulations also
require a State to test all students in the State in the grades assessed
at the time of the assessment. There are no exceptions to this rule.
Thus, all migrant students who are enrolled in a grade in which a State
assessment is administered must be included in that
assessment--regardless of the amount of time they have been enrolled in
a school or their anticipated enrollment in another State.

### A3. How might States work together to ensure that migrant children who are absent for the State assessment in their \"home base\" State have an opportunity to take the test? {#a3.-how-might-states-work-together-to-ensure-that-migrant-children-who-are-absent-for-the-state-assessment-in-their-home-base-state-have-an-opportunity-to-take-the-test .unnumbered}

In accordance with a State\'s responsibility to promote interstate
coordination of services for migratory children (section 1304(b)(3) of
Title I, Part C), a State that receives a migratory student for a short
period of time during the school year is encouraged to contact and work
with the student\'s \"home-base\" State regarding the feasibility of an
out-of-state administration of the \"home-base\" State\'s assessments.
For example, Texas has arranged to have the Texas Assessment of Academic
Skills (TAAS), a test required for high school graduation in Texas,
administered to migratory students in several other States using local
school personnel trained by Texas in the administration of the TAAS.
Some States currently participating in this arrangement with Texas
include Arkansas, Delaware, Illinois, Iowa, Missouri, Montana, Nebraska,
North Dakota, and Washington.

### A4. What procedures might a State implement to ensure that assessment data are reliably disaggregated for migrant children for reporting purposes? {#a4.-what-procedures-might-a-state-implement-to-ensure-that-assessment-data-are-reliably-disaggregated-for-migrant-children-for-reporting-purposes .unnumbered}

It is important for States to develop reliable procedures to ensure that
those children who are assessed and who meet the definition of
\"migratory child\" in section 1309(2) of Title I, Part C are properly
included in the disaggregation by migrant status. Methods such as
self-reporting or teacher identification are not sufficient because of
the complexity of the statutory definition of \"migratory child.\"

An acceptable method might include a State providing each school with a
list of eligible migrant children enrolled in the school. The list
should contain sufficient information for the teacher or assessment
proctor to properly identify and code the assessment forms for all
eligible migrant children. To the extent that a State\'s database of
student assessment information can be modified electronically, a State
might also use data in its migrant student records system to code each
assessment record that contains identical student identification
information. Additionally, States are encouraged to cross-check the
number of disaggregated assessment results for migrant students with
school and grade enrollment data on migrant students maintained by the
State Migrant Education Program to ensure the accounting for all
students.

### A5. Should States work together to share the student assessment data for migrant students and other mobile students? {#a5.-should-states-work-together-to-share-the-student-assessment-data-for-migrant-students-and-other-mobile-students .unnumbered}

It is recommended that States coordinate with one another so that
assessment data of migrant and other mobile students are available to
program planners and project staff who work with these students who
temporarily reside in their district or State for a short period of
time. For example, receiving States that operate summer-term only
programs could coordinate with a student\'s \"home base\" State to
obtain academic assessment data that can be used in improving the
alignment of supplemental educational services to student needs.

## B. Paraprofessional Qualification Requirements under NCLB {#b.-paraprofessional-qualification-requirements-under-nclb .unnumbered}

### B1. How do the new paraprofessional qualification requirements apply to paraprofessionals in a schoolwide program? {#b1.-how-do-the-new-paraprofessional-qualification-requirements-apply-to-paraprofessionals-in-a-schoolwide-program .unnumbered}

The requirements in B-1 apply to all paraprofessionals with
instructional duties in a schoolwide program, without regard to whether
the position is funded with Federal, State, or local funds. In a
schoolwide program, Title I funds support all teachers and
paraprofessionals.

### B2. How do the new paraprofessional qualification requirements apply to paraprofessionals in a targeted assistance program? {#b2.-how-do-the-new-paraprofessional-qualification-requirements-apply-to-paraprofessionals-in-a-targeted-assistance-program .unnumbered}

In a Title I targeted assistance program, the requirements in B-1 apply
to all paraprofessionals with instructional duties who are paid with
Title I funds.

### B3. Do the paraprofessional requirements apply to persons paid with funds under Title I, Part B (Student Reading Skills Improvement Grants), Part C (Education of Migratory Children) or Part D (Programs for Children and Youth who are Neglected, Delinquent, or At-Risk)?  {#b3.-do-the-paraprofessional-requirements-apply-to-persons-paid-with-funds-under-title-i-part-b-student-reading-skills-improvement-grants-part-c-education-of-migratory-children-or-part-d-programs-for-children-and-youth-who-are-neglected-delinquent-or-at-risk .unnumbered}

The paraprofessional qualification requirements in B-1 do not apply to
individuals paid with funds under Title I, Part B (Student Reading
Skills Improvement Grants), Part C (Education of Migratory Children) or
Part D (Programs for Children and Youth who are Neglected, Delinquent,
or At-Risk), unless these individuals are working in a schoolwide
program school. (See Question B1 above for additional information.)

+-----------------------+------------------+---------------------------+
| ###### **Agency**     | ###### **        | ###### **Descripton**     |
| {#agency .unnumbered} | Program** {#prog | {#descripton .unnumbered} |
|                       | ram .unnumbered} |                           |
+-----------------------+------------------+---------------------------+
| Department of         | Title I, Part A  | Provides financial        |
| Education             |                  | assistance to LEAs and    |
|                       |                  | schools with high         |
|                       |                  | percentages of poor       |
|                       |                  | children to help ensure   |
|                       |                  | that all children meet    |
|                       |                  | challenging State         |
|                       |                  | academic content and      |
|                       |                  | student academic          |
|                       |                  | achievement standards.    |
+-----------------------+------------------+---------------------------+
|                       | Reading First -- | Provides funds to train   |
|                       |                  | teachers in the essential |
|                       | Title I, Part B, | components of reading     |
|                       | Subpart 1        | (phonemic awareness,      |
|                       |                  | phonics, fluency,         |
|                       |                  | vocabulary,               |
|                       |                  | comprehension) and to     |
|                       |                  | select and administer     |
|                       |                  | screening, diagnostic and |
|                       |                  | classroom-based           |
|                       |                  | instructional reading     |
|                       |                  | assessments to identify   |
|                       |                  | those children who may be |
|                       |                  | at risk of reading        |
|                       |                  | failure. Also provides    |
|                       |                  | funds for professional    |
|                       |                  | development for special   |
|                       |                  | education teachers,       |
|                       |                  | kindergarten through      |
|                       |                  | grade 12.                 |
+-----------------------+------------------+---------------------------+
|                       | Early Reading    | Provides early language,  |
|                       | First -- Title   | literacy, and prereading  |
|                       | I, Part B,       | development of preschool  |
|                       | Subpart 2        | age children,             |
|                       |                  | particularly those from   |
|                       |                  | low-income families.      |
+-----------------------+------------------+---------------------------+
|                       | Even Start --    | Combines adult literacy,  |
|                       |                  | parenting education,      |
|                       | Title I, Part B, | early childhood           |
|                       | Subpart 3        | education, and            |
|                       |                  | interactive literacy      |
|                       |                  | activities between        |
|                       |                  | parents and children,     |
|                       |                  | primarily from birth      |
|                       |                  | through age seven.        |
+-----------------------+------------------+---------------------------+
|                       | Migrant          | Provides the same         |
|                       | Education Even   | services as Even Start    |
|                       | Start (MEES) --  | with significant          |
|                       |                  | concentrations of migrant |
|                       | Title I, Part B, | families.                 |
|                       | Subpart 3        |                           |
+-----------------------+------------------+---------------------------+
|                       | English Language | Provides programs that    |
|                       | Acquisition,     | help children who are     |
|                       | Enhancement and  | limited English           |
|                       | Academic         | proficient attain English |
|                       | Achievement --   | proficiency, develop high |
|                       |                  | levels of academic        |
|                       | Title III, Part  | attainment in English,    |
|                       | A                | and meet the same         |
|                       |                  | challenging State         |
|                       |                  | academic content and      |
|                       |                  | achievement standards as  |
|                       |                  | all children are expected |
|                       |                  | to meet.                  |
+-----------------------+------------------+---------------------------+
|                       | Improving        | Assists in improving and  |
|                       | Language         | reforming educational     |
|                       | Instruction      | programs that serve       |
|                       | Educational      | limited English           |
|                       |                  | proficient children.      |
|                       | Programs --      |                           |
|                       |                  |                           |
|                       | Title III, Part  |                           |
|                       | B                |                           |
+-----------------------+------------------+---------------------------+
|                       | 21^st^ Century   | Provides tutorial         |
|                       | Community        | services and academic     |
|                       | Learning Centers | enrichment opportunities  |
|                       | --               | designed to reinforce and |
|                       |                  | complement the regular    |
|                       | Title IV, Part B | academic program in low   |
|                       |                  | performing schools.       |
+-----------------------+------------------+---------------------------+
|                       | Rural Education  | Provides funds to rural   |
|                       | Initiative --    | districts that lack the   |
|                       |                  | personnel and resources   |
|                       | Title VI, Part B | to compete effectively    |
|                       |                  | for Federal competitive   |
|                       |                  | grants and that receive   |
|                       |                  | grant allocations in      |
|                       |                  | amounts that are too      |
|                       |                  | small to be effective in  |
|                       |                  | meeting their intended    |
|                       |                  | purposes.                 |
+-----------------------+------------------+---------------------------+
|                       | High School      | Assists migrant students  |
|                       | Equivalency      | who are 16 years or older |
|                       | Program (HEP) -- | in obtaining a General    |
|                       |                  | Education Development     |
|                       | Title IV of the  | certificate or the        |
|                       | Higher Education | equivalent of a high      |
|                       | Act              | school diploma.           |
+-----------------------+------------------+---------------------------+
|                       | College          | Assists migrant students  |
|                       | Assistance       | in completing their first |
|                       | Migrant Program  | year of college and       |
|                       | (CAMP) --        | provides follow-up        |
|                       |                  | services to help them     |
|                       | Title IV of the  | continue in postsecondary |
|                       | Higher Education | education.                |
|                       | Act              |                           |
+-----------------------+------------------+---------------------------+
|                       | Individuals with | Provides early            |
|                       | Disabilities     | intervention,             |
|                       | Education Act    | transitional services,    |
|                       | (IDEA)           | professional development, |
|                       |                  | technical assistance, and |
|                       |                  | dissemination of          |
|                       |                  | knowledge about best      |
|                       |                  | practices to improve      |
|                       |                  | results for children with |
|                       |                  | disabilities, including   |
|                       |                  | migrant children with     |
|                       |                  | disabilities.             |
+-----------------------+------------------+---------------------------+
|                       | Migrant and      | Provides comprehensive    |
|                       | Seasonal         | vocational rehabilitation |
|                       | Farmworkers with | services to migrant or    |
|                       | Disabilities     | seasonal farmworkers with |
|                       | Program -- Title | disabilities to increase  |
|                       | III of the       | their employment          |
|                       | Rehabilitation   | opportunities.            |
|                       | Act              |                           |
+-----------------------+------------------+---------------------------+
|                       | McKinney-Vento   | Provides funds to SEAs to |
|                       | Homeless         | ensure that homeless      |
|                       | Assistance Act   | children have equal       |
|                       | --               | access to public          |
|                       |                  | education, including      |
|                       | Title VII,       | access to services that   |
|                       | Subtitle B of    | enable them to meet the   |
|                       | the Public       | same State student        |
|                       | Health and       | academic and achievement  |
|                       | Welfare Act      | standards to which all    |
|                       |                  | students are held.        |
+-----------------------+------------------+---------------------------+
| Department of Labor   | Migrant and      | Monitors the adequacy of  |
|                       | Seasonal Workers | wages, housing, and       |
|                       | Protection Act   | transportation for        |
|                       | (MSWPA) Program  | agricultural workers.     |
+-----------------------+------------------+---------------------------+
|                       | Temporary Alien  | Provides temporary,       |
|                       | Agricultural     | foreign farmworkers for   |
|                       | Labor            | employers who meet        |
|                       | Certification    | certification             |
|                       | Program (H-2A    | requirements.             |
|                       | Program)         |                           |
+-----------------------+------------------+---------------------------+
|                       | National         | Assists migrant           |
|                       | Farmworker Jobs  | farmworkers and their     |
|                       | Program (NFJP)   | families achieve economic |
|                       |                  | self-sufficiency through  |
|                       |                  | job training and other    |
|                       |                  | related services that     |
|                       |                  | address their employment  |
|                       |                  | needs.                    |
+-----------------------+------------------+---------------------------+
| Department of         | National School  | Provides subsidized       |
| Agriculture           | Breakfast        | breakfast services for    |
|                       | Program          | school children who meet  |
|                       |                  | family size and income    |
|                       |                  | eligibility standards.    |
+-----------------------+------------------+---------------------------+
|                       | Summer Food      | Offers free meals to      |
|                       | Service Program  | children during months    |
|                       |                  | when their schools are    |
|                       |                  | closed                    |
|                       |                  | for vacation.  Migrant    |
|                       |                  | children, age 18 and      |
|                       |                  | younger, may receive up   |
|                       |                  | to three meals a day.     |
+-----------------------+------------------+---------------------------+
|                       | Special Milk     | Supplies milk to children |
|                       | Program          | who do not have access to |
|                       |                  | other meal programs and   |
|                       |                  | subsidizes milk for       |
|                       |                  | school children who meet  |
|                       |                  | family size and income    |
|                       |                  | eligibility standards.    |
+-----------------------+------------------+---------------------------+
|                       | Special          | Provides food and         |
|                       | Supplemental     | nutrition services        |
|                       | Program for      | to supplement the diets   |
|                       | Women, Infants   | of low income women,      |
|                       | and Children     | infants, and children up  |
|                       | (WIC Program)    | to age 5 who are at       |
|                       |                  | nutritional risk.         |
+-----------------------+------------------+---------------------------+
|                       | Child and Adult  | Provides nutritious       |
|                       | Care Food        | meals to migrant          |
|                       | Program          | children, age 15 and      |
|                       |                  | younger, who receive day  |
|                       |                  | care or whose families    |
|                       |                  | live and receive meals    |
|                       |                  | in emergency shelters.    |
|                       |                  | School-aged children,     |
|                       |                  | through age 18, may       |
|                       |                  | receive free suppers in   |
|                       |                  | afterschool care programs |
|                       |                  | in Delaware, Illinois,    |
|                       |                  | Michigan, Missouri, New   |
|                       |                  | York, Oregon, and         |
|                       |                  | Pennsylvania.  In all     |
|                       |                  | other states, free        |
|                       |                  | afterschool care          |
|                       |                  | snacks may be available.  |
+-----------------------+------------------+---------------------------+
| Department of Health  | Head Start       | Provides comprehensive    |
| and Human Services    | Program          | developmental services to |
|                       |                  | income eligible children  |
|                       |                  | from birth to age 5 in    |
|                       |                  | order to increase their   |
|                       |                  | school readiness.         |
+-----------------------+------------------+---------------------------+
|                       | Migrant Head     | Provides the same         |
|                       | Start Program    | services as Head Start to |
|                       |                  | migrant children from     |
|                       |                  | birth to age five.        |
+-----------------------+------------------+---------------------------+
|                       | Migrant Health   | Provides grants to        |
|                       | Program          | community-based,          |
|                       |                  | nonprofit organizations   |
|                       |                  | that provide a broad      |
|                       |                  | array of culturally and   |
|                       |                  | linguistically competent  |
|                       |                  | medical and support       |
|                       |                  | services to migrant and   |
|                       |                  | seasonal farmworkers and  |
|                       |                  | their families, including |
|                       |                  | both primary and          |
|                       |                  | preventative health care. |
+-----------------------+------------------+---------------------------+

## Index {#index .unnumbered}

Accountability 138

Achievement 2, 3, 8, 47, 49, 53, 55, 56, 58, 60, 62, 81, 85, 88, 89, 90,
92, 95, 107, 111, 126, 138, 141, 143

Administration 6, 8, 57, 84, 113, 121, 122, 123, 132, 133, 134, 135,
136, 139

Administrative Funds 121, 122, 136

Agricultural Activity 16, 19, 22

Allocation 3, 4, 5, 6, 43, 72, 102, 127

Allowable Activities 56, 57, 113, 134

Application 1, 2, 3, 5, 7, 34, 51, 53, 55, 56, 71, 72, 87, 89, 90, 91,
92, 93, 95, 96, 97, 98, 100, 102, 123, 127, 131, 136

Assessment 2, 9, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 58, 60, 63, 64,
66, 69, 70, 74, 75, 76, 78, 82, 89, 90, 94, 95, 97, 111, 113, 114, 116,
123, 124, 125, 127, 128, 129, 131, 138, 139

Assessments 46, 48, 64, 92, 125, 138, 141

Assurances 3, 128

Audits 130, 133, 134, 135

Bilingual 64

Bypass 7, 8

CAMP 38, 142

Carryover Funds 5, 6, 7

Certificate of Eligibility 9, 34, 38, 39, 100, 130

Children with Disabilities 65, 67, 68, 142

Civil Rights 64

COE 9, 13, 14, 15, 18, 25, 34, 35, 36, 38, 39, 41, 42, 43, 44, 45, 61,
100, 103, 106, 130

College Assistance Migrant Program 38, 142

Comment Section 13, 15, 18, 25

Committee of Practitioners 132, 133

Comparability 110, 111, 112, 136

Complaint Procedures 137

Comprehensive Needs Assessment 2, 46, 49, 51, 54, 56, 63, 70, 75, 76,
78, 89, 111, 124, 127, 128

Computers 77, 118

Consolidated Application 1, 2, 34

Consortium 77, 78

Construction 16, 114

Coordination 3, 8, 48, 73, 75, 76, 77, 78, 114, 123, 128, 135, 138

Cost Principles 112, 113

Crops 20, 22, 24

Department of Agriculture 21, 74, 143

Department of Health And Human Services 74, 144

Department of Labor 21, 74, 143

Dropouts 46, 54, 92

EDGAR 6, 7, 34, 113, 116, 117, 119, 122, 123, 124, 129, 130

Educational Interruption 61

Eligibility 1, 9, 11, 13, 14, 15, 17, 18, 19, 26, 30, 31, 34, 35, 36,
38, 39, 40, 41, 42, 43, 44, 45, 59, 61, 69, 79, 100, 101, 102, 103, 106,
108, 114, 130, 136, 143

Enrolled 39, 69, 70, 71, 90, 91, 100, 104, 105, 109, 111, 112, 125, 138,
139

Equipment 21, 72, 109, 116, 117, 118, 119

ESEA 2, 3, 4, 45, 53, 89, 90, 91, 99, 121, 122, 138

Evaluation 52, 54, 55, 57, 66, 67, 68, 82, 83, 87, 88, 90, 92, 93, 94,
95, 96, 97, 98, 100, 114, 122, 123

Evaluation Reports 95, 122

Even Start 2, 141

Excess Funds 7

FERPA 36, 38, 79, 80

Fiscal Requirements 2, 64, 68, 108, 109, 132

Fishers 1, 12

Fishing Activity 10, 12, 18, 19, 22, 23, 35

Flexibility 111, 116, 117, 127

Formula 4, 5, 7, 29, 33, 99, 121, 126

Funding 2, 3, 7, 10, 19, 55, 63, 99, 100, 101, 102, 112, 116, 126, 128,
130

Funding Formula 7

GAO 134

General Accounting Office 134

General Education Provisions Act 5, 79

GEPA 1, 5, 6, 121, 131

Guardian 9, 10, 11, 13, 18, 36, 38, 45, 79

H-2A Program 143

HEP 38, 142

High School Equivalency Program 38, 142

ID&R 39, 40

IDEA 65, 66, 67, 68, 69, 142

Identification And Recruitment 36, 39, 40, 41, 43, 55, 56, 57, 78, 122

Incentive Grant 77, 78

Indirect Costs 109, 119

Industrial Survey 26, 27, 28, 29, 30, 31, 32, 33, 35, 38, 41

Initial Commercial Sale 20, 21, 22, 23

Inspector General 134

Instructional Services 72, 93

Interstate Coordination 75, 128, 138

Intrastate Coordination 3, 73, 75, 76, 77, 78, 123

Joint Planning 53

Lau V. Nichols 64

limited English proficient 56, 60, 64, 74, 114, 115, 141, 142

Local Operating Agency 3, 6, 42, 46, 49, 51, 52, 55, 57, 58, 59, 61, 64,
65, 68, 69, 70, 71, 72, 75, 80, 82, 83, 84, 85, 86, 88, 89, 92, 93, 94,
95, 97, 98, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
120, 124, 126, 127, 128, 129, 130, 131, 133, 137

Maintenance of Effort 112

Measurable Outcomes 46, 49, 52, 54, 55, 56, 58, 88, 89, 90, 92, 93, 94,
95, 96, 97, 98, 100, 107

Migrant And Seasonal Workers Protection Act 143

Migrant Education Even Start 38, 141

Migrant Head Start 41, 144

Migrant Health Program 144

Migratory Agricultural Worker 1, 10

Migratory Fisher 1, 10, 12

Monitoring 33, 72, 94, 110, 122, 131, 135

Most in Need 39

Move 4, 11, 12, 13, 14, 15, 16, 17, 18, 19, 23, 24, 25, 30, 31, 35, 36,
61, 75, 78, 79, 91, 101, 105, 130

National School Breakfast Program 143

Needs 1, 2, 3, 6, 7, 30, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58,
60, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 75, 78, 82, 89, 97,
108, 111, 113, 114, 115, 117, 118, 120, 123, 124, 125, 127, 128, 129,
131, 139, 143

Needs Assessment 3, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 58, 63, 64,
70, 75, 78, 89, 97, 111, 113, 114, 123, 124, 125, 127, 128, 131

Obligations 6, 7, 8

Office of Inspector General 134

OIG 134

OMB Circular A-87 113, 120

PAC 82, 83, 84, 85, 114, 128, 133

Parent Advisory Council 54, 55, 81, 82, 86, 123, 133

Parental Involvement 56, 57, 81, 82, 84, 85, 86, 114

Part A 2, 53, 62, 73, 74, 81, 86, 94, 95, 110, 115, 120, 121, 122, 123,
133, 138, 141

Performance Goals 88, 89, 90, 91, 131

Performance Indicators 2, 88, 89, 90

Performance Targets 2, 3, 46, 48, 49, 52, 53, 54, 55, 56, 58, 88, 89,
90, 91, 92, 93, 94, 95, 97, 98, 100, 107, 111

Per-Pupil Expenditure 115, 116

Personal Subsistence 20, 22, 23, 35

PPE 4, 5

Preschool 49, 57, 66, 67, 95, 109, 113, 141

Principal Means Of Livelihood 9, 10, 13, 16, 19, 23, 25, 30, 35, 38

Priority For Services 51, 52, 55, 58, 60, 61, 62, 68, 70, 88, 92, 95,
97, 125, 127, 134

Private School 8, 56, 69, 70, 71, 72, 128, 133, 136

Processing 16, 20, 21, 22, 23, 26, 27, 28, 29, 30, 42, 44, 122

Production 20, 21, 26, 30, 42, 44

Professional Development 57, 70, 141, 142

Program Determination Letter 136, 137

Program Improvement 97

QAD 13, 106

Qualifying Arrival Date 13, 17, 38, 106

Qualifying Move 4, 11, 12, 13, 14, 15, 16, 17, 18, 19, 30, 35, 36, 38,
61, 101, 105, 130

Qualifying Work 12, 13, 14, 15, 16, 17, 18, 19, 23, 24, 25, 27, 30, 35,
38, 61

Quality Control 33, 34, 36, 40, 43, 44, 45, 55, 106

Record keeping 122, 130, 135

Recordkeeping 129, 136

Records Transfer 79

Recruitment 36, 39, 40, 41, 43, 45, 55, 56, 57, 78, 114, 122

Reporting 52, 58, 86, 90, 99, 100, 136, 138, 139

Residency Date 38

Sampling 31, 32, 33, 96

Schoolwide 56, 59, 62, 63, 74, 86, 95, 128, 132, 136, 139, 140

Seasonal Employment 9, 10, 14, 16, 18, 26, 38, 42

Seasonal Farmworker 74, 142, 144

Section 1308 73, 77, 78, 79

Service Delivery Plan 49, 52, 53, 54, 55, 56, 70, 82, 95, 111, 113, 127,
128

Services 2, 3, 4, 6, 8, 9, 10, 21, 23, 24, 32, 38, 39, 40, 41, 42, 43,
45, 46, 47, 48, 49, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64,
65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 82, 86, 87,
88, 89, 92, 93, 95, 97, 98, 99, 100, 101, 102, 106, 107, 108, 109, 110,
111, 112, 113, 114, 115, 117, 124, 125, 126, 127, 128, 129, 133, 134,
138, 139, 141, 142, 143, 144

Services to Private School Children 71, 72

Special Education 1, 2, 46, 48, 49, 51, 52, 53, 54, 55, 58, 60, 62, 63,
65, 66, 68, 69, 70, 73, 89, 115, 117, 125, 127, 128, 141

Standards 3, 53, 55, 60, 61, 66, 71, 89, 90, 94, 95, 116, 117, 118, 125,
126, 138, 141, 143

State Administration 84, 113, 121, 136, 138

State Plans 99

State Rulemaking 132

Stopover Sites 19

Subgrant 2, 6, 51, 71, 74, 76, 97, 121, 123, 124, 125, 126, 127, 129,
131, 134

Subsistence 20, 22, 23, 35

Summer Term 63, 101, 104

Supplement, Not Supplant 64, 67, 68, 108, 109, 110, 111, 112, 115, 119,
136

Support Services 52, 56, 82, 93, 98, 101, 144

Targeted Assistance School 74

Technical Assistance 31, 77, 131, 136, 142

Temporary Employment 26, 42

Title I 1, 2, 4, 9, 39, 46, 53, 56, 59, 62, 64, 65, 67, 69, 73, 74, 81,
82, 86, 87, 94, 95, 99, 109, 110, 114, 115, 120, 121, 122, 123, 132,
133, 138, 139, 140, 141, 142

Title II 2, 53, 64, 65, 67, 69, 73, 74, 114, 115, 141, 142

Title III 2, 53, 64, 73, 74, 114, 115, 141, 142

Title IX 1, 56, 74, 99, 109

Title VI 2, 64, 142, 143

To Join 17, 18, 35, 38

Travel 13, 45, 109, 120, 138

Trees 20, 22

Turnover 27, 28, 29, 30, 31, 32, 33

Undocumented Children 65

WIC 41, 42, 143