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 other 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 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 who is an immediate family 

member. In addition, the Department proposes changing “immediate family” to 

“immediate family member” in order to clarify. 
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)(A)(ii) 

Regulatory cites: 34 CFR § 206.5 (c)(7)

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 

or 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 whether the requisite “primary employment” 

must occur within the 75 days or over the two years. 

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 

within the period of at least 75 days. This 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. 1 or 2 hours a day during the period). 
Issue Paper Format 

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 also 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.