42 ©2017 AMET Conference, McAllen, TX 2017 AMET Conference Harvesting Migrant Student Success: A Labor of Love ID&R Academy November 8, 2017 1:00—4:00PM
42
©2017 AMET Conference, McAllen, TX
2017
AMET Conference
Harvesting Migrant Student Success:
A Labor of Love
ID&R Academy
November 8, 2017
1:00—4:00PM
2
Target Audience:
Recruiters, COE Reviewers and other personnel involved
in the identification and recruitment of eligible mi-
grant students.
Description:
The ID&R Academy will provide participants the opportuni-
ty to review, discuss, and share strategies related to ID&R
case studies. This session will also focus on how to
properly complete the COE and COE Supplemental Docu-
mentation Form. Special emphasis will be placed on the
new Texas COE and related guidance.
Presenters:
Maria Elena Cortez, Education Specialist
Region One ESC
Manuel P. Salinas, Education Specialist
Region One ESC
Polo Vielma, Education Specialist I for Priority for Service
Education Service Center 12
Anna Minjarez, Migrant Specialist
Education Service Center 18
41
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in
#2a.) The child(ren) moved on __________. The worker
moved on __________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/
__________/____/________ to a residence in
__________/_________/____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a histo-
ry of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The
work was determined to be temporary employment
based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
40
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the worker make?
1 2 3
If the worker does not make another qualifying move and engage in qualify-ing work soon after the move, when will the worker’s migratory status end?
TEA MEP Scenario #2 Juan and María Lara, have three children who are in elementary and middle school. The family resides most of the year in Edinburg, Texas, and considers Texas their home. They have a long history of migration; each year they travel to Fremont, Ohio, so that Juan and Maria can work in the cucumber harvest and then to Florida to harvest tomatoes. This year, Juan, María and their children left Edinburg, Texas and ar-rived in Fremont, on May 27, 2017, so that Juan could begin work thin-ning and weeding cucumber fields. Mr. Lara continued to work through the harvest season in late June/early July. When work with the cucum-bers ended, Maria returned to Edinburg, Texas, on August 25, 2017, with the three children, while Juan went by himself to harvest tomatoes in Florida. The recruiter interviews the mother on September 1, 2017. How would the Edinburg recruiter complete the COE?
3
©2017 AMET Conference, McAllen, TX
Agenda
November 8, 2017
1:00-2:00PM
Welcome and Introductions
Texas Certificate of Eligibility (COE)
Texas COE Supplemental Documentation Form (SDF)
Texas Continuation of SDF
Migrant Definitions and Case Studies
2:00-2:30PM
Break/Vendors/Networking
2:30-4:00PM
Case Study with Graphic
Migrant Definitions and Case Studies
Reminders:
8:00AM—5:00PM Vendors Open
5:00-7:00PM Reception
Disclaimer: We will be utilizing content chunking—
breaking down difficult information into bite-sized pieces
so we can more easily comprehend and retrieve the infor-
mation.
4
Icebreaker
Raffle Ticket and Candy Matching Game
2 Freebies and a Riddle
Instructions:
Raffle tickets will be selected at random. The first 2 will
receive a candy but the 3rd will have to answer a candy
riddle to receive his/her candy.
1. Giggles
2. Best time to go shopping
3. Dry cows
4. A Southerner’s peanuts
5. Cheerful cattle farmer
6. Colorful flotation device
7. Famous homerun hitter
8. Twin letters
9. Steve Urkel and Sheldon Cooper
10. A single woman’s dream
39
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved on
__________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/_________/
____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history
of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
38
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the worker make?
1 2 3
If the worker does not make another qualifying move and engage in qualifying work soon after the move, when will the worker’s migratory status end?
TEA MEP Scenario #2 Juan and María Lara, have three children who are in elementary and mid-dle school. The family resides most of the year in Edinburg, Texas, and considers Texas their home. They have a long history of migration; each year they travel to Fremont, Ohio, so that Juan and Maria can work in the cucumber harvest and then to Florida to harvest tomatoes. This year, Juan, María and their children left Edinburg, Texas and arrived in Fremont, on May 27, 2017, to begin work thinning and weeding cucumber fields. Both parents continued to work through the harvest season in late June/early July. When work with the cucumbers ended, Maria returned to Edin-burg, Texas, on August 25, 2017, with the three children, while Juan went by himself to harvest tomatoes in Florida. The recruiter interviews the mother on September 1, 2017. How would the Edinburg recruiter complete the COE?
5
©2017 AMET Conference, McAllen, TX
Menu Choices
Twix
Big Hunk
Skor
Nerds
Milky Way
Snickers
Twizzlers
Butterfinger
Baby Ruth
Payday
Lifesaver
Hershey
Almond Joy
Milk Duds
Rolos
Goobers
M & Ms
Lemon Heads
Jolly Rancher
6
Changes to ESEA have two principal implications for eligibil-
ity determinations made by State Education Agencies and
their recruiters. Chapter II: Child Eligibility, Non-Regulatory Guid-
ance—March 2017
1. Changes to Who is a Migratory Child
a) Revised definition of migratory child & new definitions of the
terms migratory agricultural worker, migratory fisher and
qualifying move
b) Elimination of ‘Intent’ as an Eligibility Criterion
c) Workers who moved and did not engage in qualifying work
2. Use of the Approved Certificate of Eligibility
Migratory Workers
There are two (2) types of Migratory Workers
1. Migratory Agricultural Worker (MAW)
2. Migratory Fisher
As a reminder, F1 and F16 Chapter II: Child Eligibility, Non-
Regulatory Guidance—March 2017 state that in both instances the
qualifying work must be performed for wages.
Migratory Agricultural Worker
The term ‘migratory agricultural worker’ means an individual
who made a qualifying move in the preceding 36 months
and, after doing so, engaged in new temporary or seasonal
employment or personal subsistence in agriculture, which
may be dairy work or the initial processing of raw agricultural
products.
If an individual did not engage in such new employment
soon after a qualifying move, such individual may be consid-
ered a migratory agricultural worker if the individual actively
sought such new employment and has a recent history of
moves for temporary or seasonal agricultural employment.
37
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved on
__________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on ________,
from a residence in __________/__________/____/________
to a residence in __________/_________/____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days after
the move), OR
b. actively sought new qualifying work AND has a history of
moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was (make
a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
36
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the work-er make?
1 2 3
If the worker does not make another qualifying move and engage in qualifying work soon after the move, when will the worker’s migratory status end?
TEA MEP Scenario #2 Juan and María Lara, have three children who are in elementary and mid-dle school. The family resides most of the year in Edinburg, Texas, and considers Texas their home. They have a long history of migration; each year they travel to Fremont, Ohio, so that Juan and Maria can work in the cucumber harvest and then to Florida to harvest tomatoes. This year, Juan, María and their children left Edinburg, Texas and arrived in Fremont, on May 27, 2017, to begin work thinning and weeding cucumber fields. Both parents continued to work through the harvest season in late June/early July. When work with the cucumbers ended, Maria returned to Edinburg, Texas, on August 25, 2017, with the three children, while Juan went by himself to harvest tomatoes in Florida. The recruiter interviews the mother on September 1, 2017. How would the Ohio recruiter complete the COE?
7
©2017 AMET Conference, McAllen, TX
Engaged: There is no definition provided for engaged in
the Non-Regulatory Guidance; however, the reader can
conclude that engaged means to take employment.
Soon after the Move (Chapter II: Child Eligibility, Non-Regulatory
Guidance—March 2017)
C5 For purposes of the MEP, the Department recommends that
soon after the move be within 60 days of the worker’s move.
Instructions: In the scenario below, we will only consider
the first part of the Migratory Agricultural Worker definition
and not consider other criteria for eligibility.
Scenario #1
Santos Rodriguez, a father of 2 children (ages 8 and 12), cannot find a job and hears of work in Walnut Springs, TX. He moves on his own from Palmview, TX, to Walnut Springs, TX, on 05/10/17 to work hoeing cotton. He be-gins working on the same day.
Does this situation meet the definition of Migratory Agricultural Worker?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Has the worker established himself as a Migratory Agricultural
Worker (MAW)?
2) How many qualifying moves did the MAW make?
3) If the MAW does not make another qualifying move to engage in
qualifying work, when will the MAW’s status end?
8
Actively Sought (Chapter II: Child Eligibility, Non-Regulatory Guid-
ance—March 2017) C10 While an individual may actively seek employment in a variety of
ways, the phrase “actively sought” implies the need to take positive ac-
tions to seek such work.
Applied for qualifying work at a particular agricultural or fishing job
site;
Applied at a center that coordinates available temporary or season-
al employment;
Applied for such employment before moving;
Have moved reasonably believing, based on newspaper ad or word
of mouth, that such work would be available after the move.
(Chapter II: Child Eligibility, Non-Regulatory Guidance—March 2017)
p. 10 (…The definitions in section 1309 of the ESEA permit one who
has moved and not engaged in qualifying work soon after the move to
be considered a migratory agricultural worker or migratory fisher if the
individual actively sought such employment AND has a history of
moves for temporary or seasonal agricultural or fishing employment.)
Recent History of Moves (Chapter II: Child Eligibility, Non-
Regulatory Guidance—March 2017)
C16 The Department believes that the period of one’s “recent history”
should not exceed 36 months prior to the date of the recruiter’s in-
terview.
C17 Given the plural form of the word “moves,” an individual must have
made at least two moves for qualifying work within the time period the
State established in which the “recent history of moves” must have oc-
curred.
Instructions: On the following pages, we will only consider
the second part of the Migratory Agricultural Worker defini-
tion and not consider other criteria for eligibility.
35
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved on
__________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/
_________/____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history
of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
34
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the work-er make?
1 2 3
If the worker does not make another qual-ifying move and engage in qualifying work soon after the move, when will the work-er’s migratory status end?
TEA MEP Scenario #1
Mario, a father of 3 school-aged children, moved on his own on June 10, 2016, from his family’s home in Corpus Christi, Tex-as to Bradenton, Florida, in search of work picking oranges. Two weeks after his move, he engages in the work and is there for 2 months. Once the harvest is over, he moves back to Corpus Christi. Then on January 20, 2017, he moves again on his own to Dallas, Texas, to work with his brother at a local restaurant during the slow season. On September 3, 2017, his wife and 3 children join him in Dallas while Mario continues his work in the restaurant. How would the Dallas recruiter com-plete the COE?
9
©2017 AMET Conference, McAllen, TX
Scenario #2
Santos Rodriguez, a father of 2 children (ages 8 and 12), can-not find a job and hears of work in Garden City, TX. He moves on his own from San Benito, TX, to Garden City, TX, on 05/10/17 to look for work hoeing cotton. He stays with a relative and searches for work for two weeks. He does not find work. This is the first time Mr. Rodriguez moves to en-gage or actively seek qualifying work.
Does this situation meet the definition of Migratory Agricultural Worker?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Has the worker established himself as a Migratory Agricultural
Worker (MAW)?
2) How many qualifying moves did the MAW make?
3) If the MAW does not make another qualifying move to engage in
qualifying work, when will the MAW’s status end?
10
Scenario #3
Santos Rodriguez, a father of 2 children (ages 8 and 12), cannot find a job and hears of work in Dilley, TX. He moves on his own from Midland, TX, to Dilley, TX, on 05/10/17 to look for work sorting watermelons. He stays with a relative and searches for work for two weeks. He does not find work. He returns to Midland on 05/25/17. After reviewing NGS, the Midland recruiter sees that the Rodriguez children have a recent history of moves.
Does this situation meet the definition of Migratory Agricultural Worker?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Has the worker established himself as a Migratory Agricultural
Worker (MAW)?
2) How many qualifying moves did the MAW make?
3) If the MAW does not make another qualifying move to engage in
qualifying work, when will the MAW’s status end?
MIGRATORY FISHER
The term ‘migratory fisher’ means an individual who made
a qualifying move in the preceding 36 months and, after
doing so, engaged in new temporary or seasonal employ-
ment or personal subsistence in fishing.
If the individual did not engage in such new employment
soon after the move, the individual may be considered a
migratory fisher if the individual actively sought such new
employment and has a recent history of moves for tempo-
33
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved on
__________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/
_________/____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history
of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
32
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the worker make?
1 2 3
If the worker does not make another qualifying move and engage in qualifying work soon after the move, when will the worker’s migratory status end?
Scenario #11
Santos Rodriguez, a father of 2 children (ages 8 and 12), can-not find a job and hears of work in Brownsville, TX. He moves on his own from Waco, TX, to Brownsville, TX, on 05/10/17 to work picking asparagus. He begins working on the same day. He returns to Waco, TX, on 06/10/17. On the same day, the family moves from Waco, TX, to Austin, TX, as Mrs. Rodri-guez has found a permanent job as a bank teller. On 10/27/17, the family moves back to Waco, TX, as the bank has closed. How would the Waco recruiter complete the COE?
11
©2017 AMET Conference, McAllen, TX
Engaged: There is no definition provided for engaged in
the Non-Regulatory Guidance; however, the reader can
conclude that engaged means to take employment.
Soon after the Move (Chapter II: Child Eligibility, Non-Regulatory
Guidance—March 2017)
C5 For purposes of the MEP, the Department recommends that
soon after the move be within 60 days of the worker’s move.
Instructions: In the scenario below, we will look at the
first part of the definition of a Migratory Fisher only and not
consider other criteria for eligibility.
Scenario #4
Diego Valdez, a father of 5 children (ages 22, 20, 18, 11, 2), cannot find a job. He moves on his own from Weslaco, TX, to Brownsville, TX, on 5/10/17 to seek work on a boat. He finds work cutting fish. He returns to Weslaco, TX, on 06/10/17.
Does this situation meet the definition of Migratory Fisher?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Has the worker established himself as a Migratory Fisher?
2) How many qualifying moves did the Migratory Fisher make?
3) If the Migratory Fisher does not make another qualifying move to
engage in qualifying work, when will the Migratory Fisher’s status
end?
12
Scenario #5
Diego Valdez, a father of 5 children (ages 22, 20, 18, 11, 2), cannot find a job. He moves on his own from Weslaco, TX, to Brownsville, TX, on 5/10/17 to seek work on a boat. He stays with a relative and searches for work for two weeks. He does not find work. He returns to Weslaco, TX, on 05/25/17. This is the first time Mr. Valdez moves to engage or actively seek qualifying work.
Does this situation meet the definition of Migratory Fisher?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Has the worker established himself as a Migratory Fisher?
2) How many qualifying moves did the Migratory Fisher make?
3) If the Migratory Fisher does not make another qualifying move to
engage in qualifying work, when will the Migratory Fisher’s status
end?
Instructions: In the following scenarios, we will look at the
second part of the definition of a Migratory Fisher only and
not consider other criteria for eligibility.
31
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved
on __________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/
_________/____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history
of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
30
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the worker make?
1 2 3
If the worker does not make another qualifying move and engage in qualify-ing work soon after the move, when will the worker’s migratory status end?
Scenario #11
Santos Rodriguez, a father of 2 children (ages 8 and 12), can-not find a job and hears of work in Brownsville, TX. He moves on his own from Waco, TX, to Brownsville, TX, on 05/10/17 to work picking asparagus. He begins working on the same day. He returns to Waco, TX, on 06/10/17. On the same day, the family moves from Waco, TX, to Austin, TX, as Mrs. Rodri-guez has found a permanent job as a bank teller. How would the Austin recruiter complete the COE?
13
©2017 AMET Conference, McAllen, TX
Scenario #6
Diego Valdez, a father of 5 children (ages 22, 20, 18, 11, 2), cannot find a job. He moves on his own from Wesla-co, TX, to Brownsville, TX, on 5/10/17 to seek work on a boat. He stays with a relative and searches for work for two weeks. He does not find work. He returns to Wesla-co, TX, on 05/25/17. After speaking in length to Mr. Val-dez, he reveals that he has worked in Brownsville, TX, every summer for the past 4 years cleaning fish on a boat.
Does this situation meet the definition of Migratory Fisher?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Has the worker established himself as a Migratory Fisher?
2) How many qualifying moves did the Migratory Fisher make?
3) If the Migratory Fisher does not make another qualifying move to
engage in qualifying work, when will the Migratory Fisher’s status
end?
14
QUALIFYING MOVE
The term ‘qualifying move’ means a move due to econom-
ic necessity—
(A) from one residence to another residence; and
(B) from one school district to another school district, ex-
cept—
(i) in the case of a State that is comprised of a single school
district, wherein a qualifying move is from one administrative
area to another within such district; or
(ii) in the case of a school district of more than 15,000 square
miles, wherein a qualifying move is a distance of 20 miles or
more to a temporary residence.
Economic Necessity (Chapter II: Child Eligibility, Non-Regulatory
Guidance—March 2017) D3 The Department considers this to mean that the child and the
worker (if the child is not the worker) move because they could not
afford to stay in the current location.
The examples listed below are not due to economic necessity:
Visit family or friends;
Attend a wedding or other event;
Take a vacation;
Have an educational or recreational experience;
Take care of a legal matter;
Note: Qualifying Moves are not tied to work.
...the Department recommends that recruiters provide a comment on
the COE if there appears to be any reason that an independent re-
viewer would question whether the child or worker moved due to eco-
nomic necessity.
Sample Comment: “The family could not afford to stay in the
current location because work ended.” (could not make rent,
etc.).
Instructions: In the scenarios on the next page, we will
only consider the Qualifying Move definition and not con-
sider other criteria for eligibility.
29
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved
on __________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/
_________/____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history
of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
28
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the work-er make?
1 2 3
If the worker does not make another qualifying move and engage in qualifying work soon after the move, when will the worker’s migratory status end?
Scenario #10
Santos Rodriguez, a father of 2 children (ages 8 and 12), cannot find a job and hears of work in Uvalde, TX. He and his family move from Eagle Pass, TX, to Uvalde, TX, on 05/10/17. He begins working on the same day sorting wa-termelons. When the work ends, the family returns to Ea-gle Pass, TX, on 06/10/17. How would the Eagle Pass recruiter complete the COE?
15
©2017 AMET Conference, McAllen, TX
Scenario #7
Silvia Galvan, mother of 3 children (ages 3, 5, 10) has lost her job as a clerk in a convenience store. She has no other source of income. She and her children move from Rio Hondo, TX, to San Benito, TX, to live with her parents.
Does this situation meet the definition of a Qualifying Move?
___Yes, Explain: ___No, Explain:
Scenario #8
Silvia Galvan, mother of 3 children (ages 3, 5, 10) is working as a clerk in a convenience store. She has three weeks off. When she was a child, her family migrated to Michigan to pick straw-berries during the summer months. Her family is still migrating. She decides to accompany her family so she can take her chil-dren on vacation. She and her children move from Rio Hondo, TX, to Grand Rapids, MI.
Does this situation meet the definition of a Qualifying Move?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Did the family move due to economic necessity?
2) Did the family move from one residence to another residence?
3) Did the family move from one school district to another school dis-
trict?
Background Information: Mrs. Galvan is an established
Migratory Agricultural Worker.
16
MIGRATORY CHILD The term ‘migratory child’ means a child or youth who made a qualifying move in the preceding 36 months—
(A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a mi-gratory agricultural worker or a migratory fisher.
The definition for a migratory child remains the same:
Children ages birth -21, no US issued diploma or High
School Equivalency;
Children who moved on own or to join a parent/guardian
or spouse who is a migratory worker;
Children are eligible for 36 months from the QAD.
Qualifying Arrival Date (QAD)
Date that begins a migratory child’s 36 months of eligibility; The date that the child moves as a migratory agricultural
worker/fisher or, If the child is not the worker, the date that the child
moves with, or to join, the worker; If the child and worker moved together, QAD = date they
arrived in the district. To join moves: If the child moved before the worker, QAD = date that
the worker arrived If the child moved after the worker, QAD = date the child
arrived Instructions: In the scenarios on the next page, we will
only consider the Migratory Child Definition and not consid-
er other criteria for eligibility.
27
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved on
__________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/_________/
____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history
of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
26
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Question Response
Are the children under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the chil-dren make?
1 2 3
If the children do not move again, when will MEP eligibility end for the children?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the work-er make?
1 2 3
If the worker does not make another qual-ifying move and engage in qualifying work soon after the move, when will the work-er’s migratory status end?
Scenario #10
Santos Rodriguez, a father of 2 children (ages 8 and 12), cannot find a job and hears of work in Uvalde, TX. He and his family move from Eagle Pass, TX, to Uvalde, TX, on 05/10/17. He begins working on the same day sorting wa-termelons. How would the Uvalde recruiter complete the COE?
17
©2017 AMET Conference, McAllen, TX
Scenario #9
On the last day of school, June 1, 2017, Michael Flores, age 17, moves from Donna, TX, to Progreso, TX, to pick corn, in order to assist his family with bills. He lives with his school friend’s relatives.
Does this situation meet the definition of a Migratory Child?
___Yes, Explain: ___No, Explain:
Scenario #10
Santos Rodriguez, a father of 2 children (ages 8 and 12), cannot find a job and hears of work in Uvalde, TX. He and his family move from Eagle Pass, TX, to Uvalde, TX, on 05/10/17. He begins working on the same day sorting wa-termelons. The family returns to Eagle Pass, TX, on 06/10/17.
Does this situation meet the definition of a Migratory Child?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Did the child move on his own, or with or to join a parent or spouse
who is a Migratory Worker?
2) How many qualifying moves did the child make?
Pondering Questions:
1) Did the children move on their own, or with or to join a parent or
spouse who is a Migratory Worker?
2) How many qualifying moves did the child make?
18
Scenario #11
Santos Rodriguez, a father of 2 children (ages 8 and 12), cannot find a job and hears of work in Brownsville, TX. He moves on his own from Waco, TX, to Brownsville, TX, on 05/10/17 to work picking asparagus. He begins working on the same day. He returns to Waco, TX, on 06/10/17. On the same day, the family moves from Wa-co, TX, to Austin, TX, as Mrs. Rodriguez has found a permanent job as a bank teller.
Does this situation meet the definition of a Migratory Child?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Did the children move on their own, or with or to join a parent or
spouse who is a Migratory Worker?
2) How many qualifying moves did the child make?
25
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved on
__________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/_________/
____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history of
moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
24
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to join
or precede the worker.
Scenario #9
On the last day of school, June 1, 2017, Michael Flores, age 17, moves from Donna, TX, to Progreso, TX, to pick corn to assist his family with bills. He lives with his school friend’s relatives in Progreso. When the work ended on June 30, 2017, Michael returns home to Donna, TX . How would the Donna ISD recruiter complete the COE?
Question Response
Is the child under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the child make?
1 2 3
If the child does not move again, when will MEP eligibility end for the child?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the worker make?
1 2 3
If the worker does not make another qualifying move and engage in qualify-ing work soon after the move, when will the worker’s migratory status end?
19
©2017 AMET Conference, McAllen, TX
Scenario #12
Santos Rodriguez, a father of 2 children (ages 8 and 12), cannot find a job and hears of work in Brownsville, TX. He moves on his own from Waco, TX, to Brownsville, TX, on 05/10/17 to work picking asparagus. He begins working on the same day. He returns to Waco, TX, on 06/10/17. On the same day, Mr. Rodriguez receive a call from his cousin that he can come work at the mechanic shop where he works in Austin, TX. Mr. Rodriguez moves to Austin, TX, on his own. On July 16, 2017, Mrs. Rodriguez and their children move to Austin, TX, as Mr. Rodriguez has now found housing.
Does this situation meet the definition of a Migratory Child?
___Yes, Explain: ___No, Explain:
Pondering Questions:
1) Did the children move on their own, or with or to join a parent or
spouse who is a Migratory Worker?
2) How many qualifying moves did the child make?
Reminder:
i. (Complete if “to join or precede” is checked in #2a.) The
child(ren) moved on __________. The worker moved on
__________ (provide comment)
Note: Moved means “arrived.”
20
Summary:
The child may be eligible for the Migrant Education Pro-
gram in several methods; therefore, the recruiter must
know child eligibility requirements and consider each situa-
tion as unique.
I. Before July 1, 2017 (but still applicable depending on
situation)
1. The child can move due to economic necessity on his/
her own to engage or actively seek qualifying work.
2. The child can move due to economic necessity with a
migratory worker who is going to engage or actively
seek qualifying work.
3. The child can move due to economic necessity to join a
migratory worker who is going to engage or actively
seek qualifying work.
II. Beginning July 1, 2017—ESSA (Child did not move
with the worker who engaged or actively sought new quali-
fying work.)
1. The child can move due to economic necessity on his/
her own after he/she has established him/herself as the
migratory worker.
2. The child can move due to economic necessity with a
migratory worker who has established him/herself as a
migratory worker.
3. The child can move due to economic necessity to join a
migratory worker who has established him/herself as a
migratory worker.
23
©2017 AMET Conference, McAllen, TX
Qualifying Moves and Work Section
b. The worker, _________________ , is the child or the
child’s parent/guardian spouse.
i. (Complete if “to join or precede” is checked in #2a.)
The child(ren) moved on __________. The worker moved on
__________(provide comment)
(3) The Qualifying Arrival Date was __________.
(4) The worker moved due to economic necessity on
________, from a residence in __________/__________/
____/________ to a residence in __________/_________/
____ and:
a. engaged in new qualifying work soon after the move
(provide comment if worker engaged more than 60 days
after the move), OR
b. actively sought new qualifying work AND has a history
of moves for qualifying work (provide comment)
(5) The qualifying work, * _____________________ , was
(make a selection in both a and b)
a. seasonal OR temporary employment
b. agricultural OR fishing work
(6) (Complete if “temporary” is checked in #5a) The work
was determined to be temporary employment based on:
a. worker’ statement (provide comment) OR
b. employer’s statement (provide comment) OR
c. State documentation for ____________
22
Qualifying Moves and Work Section
(1) The child(ren) listed on this form moved due to eco-
nomic necessity from a residence in __________/
__________/____/________ to a residence in
__________/_________/____.
(2) The child(ren) moved (complete both a and b)
a. as the worker, OR with the worker, OR to
join or precede the worker.
Scenario #9
On the last day of school, June 1, 2017, Michael Flores, age 17, moves from Donna, TX, to Progreso, TX, to pick corn in order to assist his family with bills. He lives with his school friend’s relatives in Progreso. How would the Progreso ISD recruiter complete the COE?
Question Response
Is the child under 22 and still entitled to free public education?
Yes No
How many qualifying moves did the child make?
1 2 3
If the child does not move again, when will MEP eligibility end for the child?
Did the worker make a qualifying move to engage in qualifying work soon after the move?
Yes No
How many qualifying moves did the work-er make?
1 2 3
If the worker does not make another quali-fying move and engage in qualifying work soon after the move, when will the work-er’s migratory status end?
21
©2017 AMET Conference, McAllen, TX
Reminders:
1) A recruiter may identify and recruit a child on subsequent moves
due to economic necessity if the child moves as an established
migratory worker or with or to join an established migratory worker
(provide comment).
2) A recruiter may identify and recruit a child who has moved back
home due to economic necessity as the child’s most current move
as long as the child has moved with an established migratory work-
er (provide comment).
3) If the children make qualifying moves (due to economic necessity)
without the migratory worker, the recruiter must identify and recruit
based on the previous QAD as long as there is existing eligibility.
A child retains MEP eligibility and is considered migrant for three years (36 months) from the last qualifying move or until:
The student or youth makes another qualifying move;
The youth graduates from a US High school or receives a Certificate of High School Equivalency; or
The youth turns 22.
The worker is considered a Migratory Agricultural Worker (MAW) or Migratory Fisher for three years (36 months) from the last qualifying move to engage or actively seek qualifying work or until:
The MAW or Migratory Fisher makes another qualifying move to engage or actively seek qualifying work.
Instructions: Combining your knowledge of all definitions,
how would the COE Qualifying Moves and Work section be
completed in the following scenarios?
Note: Scenarios are being recycled. If used more than once, there is
a twist to the situation that may affect the outcome.