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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness 

by fostering educational excellence and ensuring equal access

Fact Sheet:

Addressing the Risk of COVID-19 While Serving Migratory Children

May 11, 2020

The U.S. Department of Education (Department) understands that, during this COVID-19 

national emergency, State educational agencies (SEAs) and local operating agencies 

(LOAs) may be experiencing challenges in conducting Title I, Part C - Migrant Education 

Program (MEP) activities in the same manner they are typically conducted. The 

following information is provided to assist SEAs and LOAs in determining how to 

continue to identify eligible migratory children and provide services to address their 

needs, while taking into consideration the health, safety, and well-being of staff and 

migratory families. This document is intended to provide useful information regarding 

the interpretation by the Department of the applicable statutory and regulatory 

requirements in the context of the specific facts presented here and is not intended to 

establish new requirements or new rights. For additional information and guidance 

related to the COVID-19 pandemic, please see: https://www.ed.gov/coronavirus.

Identification and Recruitment (ID&R)

The Department recommends that MEP recruiters and other MEP staff that are involved 

in ID&R follow the guidance issued by their SEA and local school district(s) and State 

and local public health officials regarding the health, safety, and well-being of staff, 

students, and migratory families. For example, during periods of public and private 

school closures when staff are working remotely and social distancing measures are in 

place, it would be acceptable for the State to allow MEP staff to conduct interviews with 

migratory families by telephone, video conferencing, or other electronic means to obtain 

the information necessary to complete the Certificate of Eligibility (COE). MEP staff

should keep and maintain for review, monitoring, or auditing contemporaneous records 

of such interviews.

If all the required information is collected on the COE except for the interviewee 

signature, the Department recommends that the MEP proceed with its eligibility 

determination and COE approval process. We further recommend that a note be added to 

the Comments section of the COE to explain the circumstances that prevented the 

recruiter/interviewer from obtaining the interviewee’s signature. After normal activities 

resume, if MEP staff are able to contact the interviewee in-person, we recommend that 

the individual’s signature be added to the COE and the Comments section be updated. 

Note: this limited exception only applies to the interviewee signature on the COE. The 

SEA must continue to ensure that the recruiter/interviewer and SEA-designated reviewer 

sign and date the COE to certify the eligibility determination.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
COE signatures (from the interviewee, interviewer, and/or SEA-designated reviewer) 

may also be obtained by mail and methods of electronic signature. Each State should 

have its own procedures for ensuring that electronic signatures are valid and authentic, 

consistent with established State procedures. The Department would consider an 

electronic signature captured via stylus or PIN code to be equally acceptable for

accountability and audit purposes and would hold a State accountable for any failure to 

implement its own procedures. 

The regulations regarding re-interviewing under 34 C.F.R. § 200.89(b)(2) remain in 

place. An SEA that receives MEP funds must continue to annually validate child 

eligibility determinations from the current performance reporting period (September 1 to 

August 31) through re-interviews for a randomly selected sample of children identified as 

migratory during the same performance reporting period as required in 34 C.F.R. § 

200.89(b)(2). These regulatory requirements for annual prospective re-interviews 

provide flexibility for States to use alternative methods such as telephone re-interviewing, 

when circumstances make face-to-face re-interviews impractical (34 C.F.R. §

200.89(b)(2)(iii)). This applies to all prospective re-interviews, including the 

independent re-interviews that must occur at least once every three years until September 

1, 2020 (34 C.F.R. § 200.89(b)(2)(i)(A)). The current COVID-19 pandemic is a valid 

example of such circumstances, particularly if the SEA and local school district(s) have 

restricted in-person contact. If a State is unable to meet the requirement to use 

independent re-interviewers for the 2019-20 year (using face-to-face or alternative 

methods) and has not conducted independent re-interviews in the two prior years, the 

State should contact its assigned program officer in the Office of Migrant Education 

(OME) for further assistance and to discuss alternatives that might meet applicable 

requirements.

Provision of Services

We remind States that in general, MEP funds may only be used for services and activities 

to identify and address the needs of currently eligible migratory children. However, there 

are exceptions, such as continuation of services for formerly eligible migratory children. 

(See section 1304(e) of the Elementary and Secondary Education Act of 1965 (ESEA)). 

As SEAs consider modifications to services during these unprecedented circumstances, 

they may wish to consider exercising their current authority, in accordance with the 

statute, to continue to provide services to address critical needs of formerly eligible 

migratory children. 

Certain precautionary or containment measures taken in response to the pandemic, such 

as school closures and social distancing, can compound the challenges already faced by 

migratory families, such as access to health care and food assistance, and social isolation. 

Recognizing the key role that MEP staff often play in outreach and advocacy for 

migratory families, the Department urges MEP staff to use telephone or video 

conferencing as an opportunity to assess the immediate needs of migratory children and 

their families, and work to address those needs either directly, or by connecting the 

families to other available resources. 
We encourage State and local MEP staff to think creatively about methods to deliver 

needed educational and related services that do not require regular face-to-face contact or 

congregating in group settings. Such methods may include, but are not limited to, 

instruction provided via distance learning platforms, contactless food delivery, and 

helping migratory children obtain necessary health services. The statute and regulations 

do not proscribe specific formats or methods for the delivery of MEP services. Even with 

the challenges posed by the coronavirus pandemic, it is important for States to maintain 

the minimum standards for what may be reported for purposes of the MEP as a “service,” 

as outlined in Chapter V, Section A of the MEP Non-Regulatory Guidance: 

https://www2.ed.gov/programs/mep/mepnonregulatoryguidance317.docx. The definition 

of “services” has a direct impact on State Title I, Part C allocations, which are based in 

part on the number of migratory children provided with MEP-funded services during the 

summer and intersession terms. (See ESEA section 1303(a)(1)). For example, we 

continue to believe the practice of handing out leaflets to migratory families on available 

programs is allowable but does not constitute a “service.” MEP staff may deliver virtual 

lessons to eligible migratory children during the day while schools are closed, depending 

on the extent of services provided by the school. If the child’s school is not providing 

instruction virtually, MEP staff may do so. If the child’s school is providing instruction 

virtually, MEP staff may provide services that supplement that instruction. For example, 

MEP staff may provide additional hours of instruction that do not conflict with the 

school’s instructional schedule, in the same or additional subject areas as those provided 

by the school, as long as the services are supplemental. MEP staff may also assist 

eligible migratory children and their families in accessing and understanding the school’s 

instructional content—e.g., by loaning the necessary equipment, providing instructions, 

and following up to support the child’s continued engagement. This will help ensure that 

migratory students are able to participate in any instruction or services provided by their 

school and that the MEP is supplementing those services.

SEAs must continue to ensure that eligible migratory children are provided services from 

other available Federal, State, and local programs for which they are eligible. (See ESEA 

section 1306(b)(2)). For example, food for eligible migratory children should generally 

be provided by other Federal and non-Federal programs (e.g., school meals programs 

administered by the United States Department of Agriculture (USDA) Food and Nutrition 

Service, and community food banks). USDA has implemented automatic flexibilities and 

expanded waivers specifically to address the pandemic— see 

https://www.fns.usda.gov/disaster/pandemic/covid-19 for additional information. During 

this emergency, if food is not immediately available from other programs, the MEP may

provide food to meet the identified needs of migratory children for a limited period, until 

other resources become available. During these extraordinary circumstances, States may

take a similar approach to ensuring eligible migratory children are able to access other 

necessities when there is a delay or lack of availability from other sources. Such 

necessities may include, but are not limited to, cleaning supplies for 

disinfection/sanitation purposes, first aid supplies, personal hygiene supplies, eyeglasses, 

hearing aids and batteries, and loaned equipment to access online learning. The provision 

of food and other necessities must be consistent with the program purposes in ESEA 
section 1301 (e.g., to help migratory children overcome educational disruption, cultural 

and language barriers, social isolation, various health-related problems, and other factors 

that inhibit the ability of such children to succeed in school.) We recommend that MEP 

staff document any efforts to obtain food and other necessities from other sources prior to 

using MEP funds. As with any use of MEP funds, the costs must comport with the 

principles outlined in the Uniform Guidance in 2 C.F.R. part 200 (e.g., the costs are 

necessary, reasonable, and allocable to the MEP). Grantees and subgrantees must also 

continue to adhere to the Uniform Guidance requirements for financial management (2 

C.F.R. § 200.302) and retention of records (2 C.F.R. § 200.333).

Finally, we encourage SEAs to promote and facilitate the exchange of innovative ideas 

across programs—particularly for disadvantaged student populations that may be facing 

similar challenges. Because interstate coordination is an essential component of the 

MEP, we also encourage MEP staff to contact their colleagues in other States to share 

ideas and resources for modified programming.

Summer and Intersession Services and State MEP Allocations

We have received questions regarding the definitions and dates to be associated with 

“summer” and “intersession” terms in light of widespread school closures. SEAs and 

local educational agencies (LEAs) have the authority to determine the dates to be used for 

academic terms. Dates established for the MEP should be consistent with State and local 

determinations for all schools. As noted above, the application of these academic terms 

has a direct impact on State Title I, Part C allocations, which are based in part on the 

number of eligible migratory children provided MEP-funded services during summer and 

intersession terms. For purposes of the MEP, we consider summer and intersession terms 

to be mutually exclusive. The “summer” term applies to schools that operate under a 

traditional-calendar school year. The “intersession” term applies to schools that operate 

on a year-round calendar (see MEP Non-Regulatory Guidance, Chapter V, D2 and D3 

and Chapter IX, B4 and B5). SEAs and LOAs may begin MEP summer projects before 

the end of the regular school year, depending on when migratory children arrive and what 

their needs are, and making sure that the instruction does not interfere with the regular 

school year instruction and that it supplements it. However, these children may not begin 

generating a summer child count for the State until the regular school year has ended (see 

MEP Non-Regulatory Guidance, Chapter IX, B30). The closure of school buildings does 

not necessarily mean that the regular school year has ended, and the summer or 

intersession term has begun. In providing guidance to the State’s MEP projects for 

reporting MEP-funded summer or intersession services, a key consideration is whether 

school operations are continuing virtually while the buildings are closed and whether the 

school considers its virtually provided instruction to be part of the 2019-20 spring 

term/regular school year. 

We have also received questions asking if there is a potential the Department would use 

summer 2019 served numbers for funding purposes rather than summer 2020 served 

numbers. We recognize that changes to summer programming necessitated by this 

pandemic might result in fewer numbers of eligible migratory children that receive MEP-
funded services in summer 2020. Our focus currently is to support SEAs in their efforts 

to provide migratory children and families with the critical services they need to get 

through this difficult time. Please keep in mind that current 2019-20 migratory child 

counts would not impact MEP allocations to SEAs until the Fiscal Year (FY) 2021 

awards are issued on July 1, 2021. The Department is taking this into consideration for 

those future allocations.

If you have additional questions or comments related to this Fact Sheet, please contact 

your OME program officer or send your questions to the following email address: 

COVID-19@ed.gov.