1 

Team IV--High School Equivalency Program (HEP) and 

College Assistance Migrant Program (CAMP)

Origin: HEOA Sec. 408 

 

Issue: HEP and CAMP Eligibility 

Statutory cites: HEA Sec. 418A(b)(1)(B)(i) 

Regulatory cites: 34 CFR §§206.3 and 206.5

Summary of issue: Formerly, the HEA authorized the recruitment into HEP and CAMP 

programs of individuals “who themselves, or whose parents” have spent a minimum of 

75 days during the past 24 months in migrant and seasonal farmwork. The HEOA 

revised this provision to permit recruitment of those “who themselves or whose 

“immediate family” spent such time in migrant and seasonal farmwork. Current 

regulations reflect the law as previously enacted. The HEOA does not define an 

“immediate family” member. 

Updated Information: The Department proposes a draft regulatory definition of 

“immediate family” in order to maintain a uniform standard of eligibility for all HEP and 

CAMP grantees. Both the non-Federal negotiators and the Department are in agreement 

about the need for a standard definition of this term. In drafting this proposed language, 

the Department considered examples of similar definitions used by other government 

programs, as well as the comments of the non-Federal negotiators and previous 

discussions with stakeholders in the HEP/CAMP community. The Department agrees 

with the non-Federal negotiators that it is important that this definition of immediate 

family extend eligibility to individuals who are dependent upon a migrant or seasonal 

farmworker, but not to individuals who are not dependent on such a worker. In addition, 

the Department proposes changing “immediate family” to “immediate family member” 

for clarity. 

Tentative Agreement: Yes (on language presented at sub-committee meeting on 

3/26/2009 and with full committee on 3/27/2009). 

Change: 

***** 

§206.3 Who is eligible to participate in a project?

***
2 

 (1) A person, or his or herparent immediate family

member, must have spent a minimum of 75 days during the 

past 24 months as a migrant or seasonal farmworker; or

 (2) The person must have participated (with respect to 

HEP within the last 24 months), or be eligible to 

participate, in programs under 34 CFR part 200, Subpart C1

(Title IChapter 1--Migrant Education Program) or 20 CFR 

part 633 (Employment and Training Administration, 

Department of 

Labor--Migrant and Seasonal Farmworker Programs).

*****
3 

Team IV--High School Equivalency Program (HEP) and 

College Assistance Migrant Program (CAMP)

Origin: HEA Sec. 418A(b)(1)(A)(ii), as re-authorized in 1998 

 

Issue: HEP and CAMP Eligibility 

Statutory cites: HEA Sec. 418A(b)(1)(B)(i) 

Regulatory cites: 34 CFR § 206.5 (c)(8)

Summary of issue: The statute provides for eligibility if an individual or his or her 

immediate family has “spent a minimum of 75 days during the past 24 months in migrant 

and seasonal farmwork.” The HEOA made no change in the quoted phrase. Program 

regulations define the term, “seasonal farmworker” as one who “within the past 24 

months, was employed for at least 75 days in farmwork, and whose primary employment 

was in farmwork on a temporary or seasonal basis (that is, not a constant year-round 

activity).” The regulation does not clarify when and for how long the “primary 

employment” must occur.

Updated Information: After the discussion of this issue in the sub-committee, the 

Department had proposed amending the regulations to strike out the “primary 

employment” clause entirely. The Department agrees with the non-Federal negotiators 

that this clause is confusing, but believes that the regulation instead should be revised to 

clarify that the “primary employment” in migrant and seasonal farmwork must occur for 

at least 75 days within the past 24 months. Maintaining the “primary employment” 

language will avoid issues of whether individuals should be eligible to participate in HEP 

and CAMP where they have only a marginal tie to this employment over the 75-day 

period (e.g., one or two hours a day during the period). This new definition of “seasonal 

farmworker” will ensure that individuals whose primary employment over these 75 days 

was in agriculture on a temporary or seasonal basis will qualify for HEP and CAMP 

regardless of whether it was their primary employment over the entire past 24-

month period." 

Tentative Agreement: Yes (on language presented at sub-committee meeting on 

3/26/2009 and with full committee on 3/27/2009) 

Change: 

§206.5 What definitions apply to this program?

*****
4 

 (c)*** 

 (5) Immediate family member means one or more of the 

following: 

 (i) A spouse. 

 (ii) A parent, step-parent, adoptive parent, foster 

parent, or anyone with guardianship. 

 (iii) Any person who-- 

 (A) Claims the individual as a dependent on a 

Federal income tax return for the previous year, or 

 (B) Resides in the same household as the individual, 

supports that individual financially, and is a relative of 

that individual. 

 (65) *** 

 (76) Migrant farmworker means a seasonal farmworker--as 

defined in paragraph (c)(87) of this section--whose 

employment required travel that precluded the farmworker 

from returning to his or her domicile (permanent place of 

residence) within the same day. 

 (87) Seasonal farmworker means a person whose primary 

employment, within the past 24 months, had his or her

primary employmentwas in farmwork on a temporary or 

seasonal basis (that is, not a constant year-round 

activity) duringfor a period of at least 75 days be in 

farmwork on a temporary or seasonal basiswithin the past 24 
5 

months?? was employed for at least 75 days in farmwork, and 

whose primary employment during this period was in farmwork 

on a temporary or seasonal basis (that is, not a constant 

year-round activity).

 (d) Other definitions. For purposes of determining 

program eligibility under Sec. 206.3(a)(2), the definitions 

in 34 CFR 200.811.3 (Chapter 1Title I--Migrant Education 

Program) and 20 CFR 633.104 (Employment and Training 

Administration, Department of Labor--Migrant and Seasonal 

Farmworker Programs) apply. 
6 

Proposed Regulatory Language 

Team IV – Migrant Education 

Origin: HEOA Sec. 408

 

Issue: Reservation and Allocation of Funds 

Statutory cites: HEA Sec. 418A 

Regulatory cites: To be determined 

Summary of issue: The HEOA provides a formula for determining the amount of 

appropriated funds to be made available for HEP and CAMP awards. The HEOA permits 

the Secretary to reserve 1/2 of one percent of the HEP and CAMP appropriation to 

conduct outreach, technical assistance, and professional development. 

Updated Information: The Department believes that no regulation is necessary around 

these issues. What is written in the statute does not need additional clarification, and no 

updating of the regulations is needed in response to these statutory changes as these 

subjects were not addressed in the previous versions of the regulations. The non-Federal 

negotiators representing the HEP and CAMP grantees concurred with this conclusion 

during discussions in sub-committee. 

However, the proposed regulations include (1) conforming changes the Department 

would make, as necessary, in response to changes in the statute, and (2) updated 

references to regulations for the Migrant Education program now in 34 CFR Part 200. 

Tentative Agreement: Yes (on language presented at sub-committee meeting on 

3/26/2009 and with full committee on 3/27/2009) 
7 

Team IV--High School Equivalency Program (HEP) and 

College Assistance Migrant Program (CAMP) 

ADDITIONAL ISSUE 

Origin: HEA Sec. 418A(3)

 

Issue: Prior Experience of Service Delivery Points for HEP and 

CAMP Projects 

Statutory cites: HEA Sec. 418A (e) 

Regulatory cites: To be added as 34 CFR § 206.31 

Summary of issue: Section 418A(e) of the HEA, as amended by the HEOA, provides 

that in making HEP and CAMP grants, the Department is to consider an applicant’s prior 

experience of service delivery under the program for which it seeks further funding, and 

is to give prior experience “the same level of consideration” as given to applicants for 

TRIO grants. The Department has interpreted this provision to mean that existing HEP 

and CAMP project grantees in the final year of their projects are eligible to receive up to 

15 additional points for prior experience of service delivery. As explained in the 

application packages for HEP and CAMP, in awarding points for prior experience the 

Secretary reviews information relating to an applicant’s performance under its expiring 

HEP or CAMP project. However, while the information the Department examines in 

awarding these points for prior experience has been the subject of prior consultation with 

program grantees, the criteria are not currently the subject of program regulations. To be 

consistent with the Department’s approach in TRIO, the Department proposes adding its 

criteria language to the program regulations. 

Updated Information: This issue was not on the agenda during the first negotiated 

rulemaking session. In considering the issue of prior experience under TRIO, the 

Department believes that the regulations for HEP and CAMP should likewise address 

prior experience. The Department proposes to adopt its existing criteria for prior 

experience.
8 

§206.31 How does the Secretary evaluate points for prior 

experience for HEP and CAMP service delivery? 

(a) In the case of an applicant for a HEP award, the 

Secretary considers the applicant’s experience in 

implementing an expiring HEP project with respect as to--:

(1) Whether the applicant served the number of 

participants described in its approved application;.

(2) The extent to which the applicant met or 

exceeded its funded objectives with regard to project 

participants, including theits targeted number and 

percentage of-- 

(i) Participants who received a Ggeneral Eeducational 

Ddevelopment (GED) credentialertificate, and 

(ii) GED credential recipients who were reported as 

entering postsecondary education programs, career 

positions, or the military; and. 

(3) The extent to which the applicant met the 

administrative requirements, including recordkeeping, 

reporting, and financial accountability, under the terms of 

the previously funded award. 

(b) In the case of an applicant for a CAMP award, the 

Secretary considers the applicant’s experience in 

implementing an expiring CAMP project with respectas to--:
9 

(1) Whether the applicant served the number of 

participants described in its approved application;.

(2) The extent to which the applicant met or 

exceeded its funded objectives with regard to project 

participants, including theits targeted number and 

percentage of participants who -- 

(i) Successfully completed the first year of college, 

and 

(ii) Continued to be enrolled in postsecondary 

education after completing their first year of college; 

and. 

(3iii) The extent to which the applicant met the 

administrative requirements, including recordkeeping, 

reporting, and financial accountability, under the terms of 

the previously funded award. 
10 

Conforming Changes

§206.4 What regulations apply to these programs?

*****

 (a)***

 (6) 34 CFR part 84 (Governmentwide Requirements for 

Drug-Free Workplace (Financial Assistance).

 (76) 34 CFR part 85 (Governmentwide Debarment and 

Suspension (Nonprocurement) and Governmentwide Requirements 

for Drug-Free Workplace (Grants)).

 (87) 34 CFR part 86 (Drug-Free Schools and Campuses).

 (9) 34 CFR part 97 (Protection of Human Subjects).

 (10) 34 CFR part 98 (Student Rights in Research, 

Experimental Programs, and Testing).

 (11) 34 CFR part 99 (Family Educational Rights and 

Privacy).

* * * * *

§206.10 What types of services may be provided?

***** 

 (b)* * * 

 (1)*** 

 (iii)*** 

 (B) Placement services designed to place students in a 

university, college, or junior college program (including 
11 

preparation for college entrance examinations), or in 

military services or career positions; and

*** 

 (v) Weekly stipends Stipends for high school 

equivalency program participants.

*** 

 (viii) Other essential supportive services (such as 

transportation and child care), as needed, to ensure the 

success of eligible students.

 (ix) Other activities to improve persistence and 

retention in postsecondary education. 

 (2)***

 (ii) Supportive and instructional services to improve 

placement, persistence, and retention in postsecondary 

education, including:

 (A) Personal, academic, career, and economic education 

or personal finance counseling as an ongoing part of the 

program;

 ***

 (vi) Internships.

 (vii) Othersupport essential supportive services

(such as transportation and child care) as necessary to 

ensure the success of eligible students.

§206.11 What types of CAMP services must be provided?
12 

*****

 (b)***

 

 (2) Referring these students to on- or off-campus 

providers of counseling services, academic assistance, or

financial aid, and coordinating such services, assistance, 

and aid with other non-program services, assistance, and 

aid, including services, assistance, and aid provided by 

community-based organizations, which may include mentoring 

and guidance; and

 (3) For students attending two-year institutions of 

higher education, encouraging the students to transfer to 

four-year institutions of higher education, where

appropriate, and monitoring the rate of transfer of such 

students.

§206.20 What must be included in an application?

*****

 (b)***

 (2) Includes an annual budget of not less than 

$150,000180,000.