QUALIFYING WORKER
HOW WE CALL AN INDIVIDUAL WHO,
A) IN THE PRECEDING 36 MONTHS, MADE A QUALIFYING MOVE AND,
B) AFTER THE MOVE, ENGAGED IN NEW TEMPORARY OR SEASONAL EMPLOYMENT OR PERSONAL SUBSISTENCE IN QUALIFYING WORK IN FISHING OR AGRICULTURE?
MIGRATORY AGRICULTURAL WORKER
Under section 1309(2) of the ESEA, a “migratory agricultural worker” is a person who, in the preceding 36 months, made a qualifying move 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).
Section 1309(2) provides that an individual who did not engage in such new employment soon after a qualifying move may still be considered a “migratory agricultural worker” if he or she meets both of the following criteria:
The individual actively sought such new employment; and
The individual has a recent history of moves for temporary or seasonal agricultural employment.
HOW THE M.E.P. CALLS A MOVE THAT AN INDIVIDUAL MADE WITHIN 36 MONTHS DUE TO ECONOMIC NECESSITY, FROM ONE RESIDENCE TO ANOTHER, AND FROM ONE SCHOOL DISTRICT TO ANOTHER.
QUALIFYING MOVE
Under section 1309(5) of the ESEA, a qualifying move is:
made due to economic necessity; and
from one residence to another residence; and
from one school district to another school district.*
*In a State that is comprised of a single school district, a move qualifies if it is from one administrative area to another within the district. In addition, in a school district of more than 15,000 square miles, a move qualifies if it is over a distance of 20 miles or more to a temporary residence.
THE PRODUCTION OR INITIAL PROCESSING OF RAW AGRICULTURAL PRODUCTS, SUCH AS CROPS, POULTRY, LIVESTOCK, DAIRY WORK, AS WELL AS THE CULTIVATION OR HARVESTING OF TREES THAT IS PERFORMED FOR WAGES OR PERSONAL SUBSISTENCE IS THE DEFINITION OF:
a) TEMPORARY WORK
b) SEASONAL WORK
c) FISHING WORK
d) AGRICULTURAL WORK
DEFINITION OF AGRICULTURAL WORK
section 1309(2) of the ESEA and 34 C.F.R. § 200.81(a).
How we call a child who is, or whose parent or spouse is, a migratory agricultural worker, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work:
(A) has moved from one school district to another;
(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.
MIGRATORY CHILD
section 1309(3) of the ESEA,[1] also referred as “eligible child” as the term is used in section 1115(c)(1)(A) of the ESEA and 34 C.F.R. § 200.103;
A worker established himself as a migratory agricultural worker in May of 2021. He and his four children then moved from Florida to Kansas in June of 2021 to work in a restaurant. They all move again from Kansas to Tennessee so the father can take a job in construction in September of 2022. The worker and all of his children end up moving once again in December of 2022 from Tennessee to Kansas to help with a sick relative. They are there for 3 weeks when a MEP recruiter interviews the family. The recruiter determines the family is eligible. Which move should the recruiter determine is the QAD?
3) QAD then is September 2022.
Is the last QUALIFYING move (economic necessity) children completed with a q-migratory agricultural woker.
Residence that qualify for the program:
a) Could be a place we stay while just visiting a relative for the quinceanera.
b) Could be a boat.
c) Should only be a home/apartment or shelter with an specific address number,
b) Could be a boat
There is no statutory or regulatory definition of a residence for purposes of the MEP. However, the Department views a “residence” as a place where one lives and not just visits. In certain circumstances, boats, vehicles, tents, trailers, etc., may serve as a residence.
COE
CERTIFICATE OF ELIGIBILITY
THE ELIGIBILITY FACTORS THAT DEFINE A MIGRATORY AGRICULTURAL WORKER ARE:
1) QUALIFYING MOVE IN THE PRECEDING 36 MONTHS FROM ELIGIBILITY INTERVIEW DATE,
and...
2)
2) ENGAGE IN QUALIFYING WORK SOON AFTER THE MOVE (OR IF THERE IS NOT ENGAGEMENT, ACTIVELY SOUGHT QUALIFYING WORK AND HAS A RECENT HISTORY OF MOVES).
THE DATE THAT BOTH MIGRATORY CHILD AND MIGRATORY QUALIFYING WORKER COMPLETE THEIR QUALIFYING MOVE IS
a)ENROLLMENT DAY
b) QAD
c) RESIDENCY DATE
a)QAD
HAULING A PRODUCT ON A FARM, RANCH OR OTHER FACILITY IS AN AGRICULTURAL WORK, YES OR NOT?
YES
The Department considers hauling a product on a farm, ranch, or other facility is an integral part of production or initial processing and therefore, is agricultural work.
WHAT ARE THE 3 ELIGIBILITY FACTORS THAT DEFINE A MIGRATORY CHILDREN
a) Just children that are: Age 3-21, No High School Diploma, enrolled in Free Public Education
b) Just children that are Age 0-21, that is working or have worked in agriculture and is working on High School Diploma.
c) Just children that are age 0-21, entitled to free public Education, that make a QM as, with, to join or precede a migratory qualifying worker.
c) Just children that are age 0-21, entitled to free public Education, that make a QM as, with, to join or precede a migratory qualifying worker.
According to sections 1115(c)(1)(A) (incorporated into the MEP by sections 1304(c)(2), 1115(b), and 1309(3) of the ESEA, and 34 C.F.R. § 200.103(a)), a child is a “migratory child” if the following conditions are met:
1. The child is not older than 21 years of age; and
2. The child is entitled to a free public education (through grade 12) under State law, or The child is not yet at a grade level at which the LEA provides a free public education, and
3. The child made a qualifying move in the preceding 36 months as a migratory agricultural worker or a migratory fisher, or did so with, or to join a parent/guardian or spouse who is a migratory agricultural worker or a migratory fisher
Fabiola Gómez moved from El Paso, Texas to Immokalee, Florida with her daughter, Mariela, age 12, on December 15th, 2020. A few weeks after the move, Fabiola started picking tomatoes. After the tomato season, Fabiola moved to Charleston, South Carolina on September 15th, 2021 to work as a waitress in a restaurant. Mariela stayed behind with her grandmother while her mother secured housing for them. On February 26th, 2022, Mariela made a qualifying move to join her mother in Charleston. A MEP recruiter interviewed the family on March 2nd, 2022. Does the family qualify for the program? QAD?
Yes, the QAD is February 26th, 2022.
What is NOT a condition for a Qualifying Move:
a) Due economic Necessity
b) From one residence to another
c) withdraw from one school district and enroll in another school district.
c) withdraw from one school district and enroll in another school district.
The students must move from one school district to another school district but the enrollment it is not a condition.
ID&R
IDENTIFICATION AND RECRUITMENT
ON THE INTENT: WHAT IT MEANS "RECENT HISTORY OF MOVES"
IT MEANS ALL THE MOVES THAN RESULTED IN ENGAGEMENT ON NEW QUALIFYING WORK THAT OCCURRED WITHIN THE PRECEDING 36 MONTHS OF THE ELIGIBILITY INTERVIEW DATE.
ON AN INTENT C.O.E. HOW FAR BACK CAN THE RECRUITER LOOK IN FOR CONSIDERING "RECENT HISTORY OF MOVES"?
THE PAST 36 MONTHS FROM THE ELIGIBILITY INTERVIEW DATE.
WHICH OF THE FOLLOWING ACTIVITIES IS CONSIDERED "INITIAL PROCESSING"?
a.-PACKING STRAWBERRY JELLY
b.- SORTING/GRADING RAW STRAWBERRIES
C.- ALL OF TE ABOVE
SORTING/GRADING RAW STRAWBERRIES
THE DATE WHEN THE CHILD MOVES INTO THE PRESENT SCHOOL DISTRICT is
a) Enrollment Date
b) Residency Date
c) Qualifying ARRIVAL date
b) Residency Date
On 4/22/2020 after divorce, Virginia Mendez moved from Odessa, TX to her parents’ house in Dodge City, KS with her 4 school age children. On 5/11/2020 Virginia applied and obtained the job at Cargill Meat plant, packing meat. Virginia’s intention is to move back to Odessa, TX after COVID what she is expecting to happen in no more than 6 months. Because of that she decided for her students to continue education remotely from Odessa School District so she did not enroll her students in Dodge City School District. The Regional Recruiter interviewed Virginia on 6/22/2020. If children qualify for the MEP, which is the QAD?
4/22/2020
Which one is a move due Economic Necessity
a) Move to get a new job
b) Move near workers parents to save money on daycare.
c) Move close the the work to reduce commute time and gas.
d) all of the above
c) All of the Above.
The economic necessity means that the worker moved because of any financial need. 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.
P.A.C.
PARENT ADVISORY COUNCIL
AS SOON AS THE WORKERS OBTAIN THEIR MIGRATORY AGRICULTURAL WORKER STATUS WILL RETAIN THEIR STATUS FOR 36 MONTHS REGARDLES OF ENGAGEMENT OR NOT IN QUALIFYING WORKS ON SUBSEQUENT MOVES. TRUE OR FALSE?
TRUE.
HOW MANY DAYS DOES THE INDIVIDUAL HAVE TO ENGAGE IN QUALIFYING WORK SOON AFTER THE MOVE IN ORDER TO BE CONSIDERED A MIGRATORY QUALIFYING WORKER?
60 DAYS
WHICH ONE IS NOT A QUALIFYING WORK?
a.- BEEF PROCESSING
B.- MEAT CUTTER
C.- WASH AND CLEAN PROCESSING FLOOR
D.- ALL ARE QUALIFYING WORKS
C.- WASH AND CLEAN PROCESSING FLOOR
TO JOIN MOVE IS WHEN:
a.- THE CHILD/YOUTH'S MOVE TO JOIN OR PRECEED THE WORKER'S MOVE WITHIN 12 MONTHS PERIOD.
b.- THE CHILD JOINS THE PARENTS AFTER A FAMILY VISIT
c.- IT IS WHEN THE STUDENT IS BACK AT SCHOOL (RE-JOIN THE SCHOOL) AFTER AN EDUCATION INTERRUPTION AS A RESULT OF THE QUALIFYING MOVE.
a.- THE CHILD/YOUTH'S MOVE TO JOIN OR PRECEED THE WORKER'S MOVE WITHIN 12 MONTHS PERIOD.
On March 1st, of 2022, Jose moved from Florida to Maine and started processing lobster within a week. On April 1st, of 2022, Jose’s three school aged children moved from Florida to Maine to join their father. A MEP recruiter interviews Jose on April 12th, 2022 and determines that his children are eligible for MEP services. What is the QAD for these children?
1) March 1st, 2022
2) April 1st, 2022
3) April 12th, 2022
2) April 1st, 2022
The law says: "Engaged in Qualifying Work" What DOES NOT qualify as "engage"?
a) Perform a qualifying work
b) apply for an available qualifying job
c) Do just the Orientation and training day as long as the worker is in contact with the raw product.
b) apply for an available qualifying job
“Engaged in Qualifying Work” means to begin working or performing a job. Having started the work.
CAMP
COLLEGE ASSISTANCE MIGRANT PROGRAM
Le Htoo is 19 years old. After an argue with his mother he decided to live by himself, dropped out High School on his senior year and moved on his own from Dallas TX to Dodge KS. He applied at National Beef soon after arriving and he will have his orientation in 15 days. Le Htoo father, Hre Paw, every year moved with all his family From Dallas to San Fernando valley since Le Htoo was 8 for the Harvest season of the avocado.
How can you qualify Le Htoo?
a) For his application at National Beef since he will have orientation which means he already get the job.
b) As intent for the application at National Beef but using his family's recent history of moves even when you know Le Htoo did not engage in harvesting avocados with his family.
c) You can qualify Le Htoo for any of both options.
d) Unfortunately Le Htoo do not qualify for the program
b) As intent for the application at National Beef but using his family's recent history of moves even when you know Le Htoo did not engage in harvesting avocados with his family.
Intent:
Le Htoo actively seek for q-work soon after the move and he share recent history of work for the q-moves he made with his father in the preceding 2 seasons.
The date when the child moves into the present school district is called:
a) Residence Date
b) Qualifying Arrival Date
a) Residence Date
QAD is the date that both the child and the Migratory Qualifying Worker complete the Qualifying Moves.
which one is NOT a Qualifying Work
a) Deboning
b) Butcher / meat cutter
c) Floor Washer
c) Floor Washer
An individual moved by himself from McAllen TX to Emporia KS on 2/25/2023. On 4/1/2023 he started working at Tyson as a meat cutter. On 6/1/2023 as soon as the school year was over and after her HS graduation ceremony, his daughter Julia moved from McAllen to Emporia to join the worker. When is the QAD.
a) 2/25/2022
b) 6/1/2022
c) Julia DNQ
c) Julia DNQ.
Julia graduated from HS and is not longer entitle to free public Education.
According to sections 1115(c)(1)(A) (incorporated into the MEP by sections 1304(c)(2), 1115(b), and 1309(3) of the ESEA, and 34 C.F.R. § 200.103(a)), a child is a “migratory child” if the following conditions are met...
2. The child is entitled to a free public education (through grade 12) under State law..
While interviewing a family the worker said he worked at a livestock farm less than 6 months soon after the move and before start working on a car dealer as sales assistant. Leaving the house and interviewing another neighbor the recruiter learned the worker never did the q-work he stated during the interview.
Should the recruiter:
a) stay on what the worker stated during the interview because the worker signed/certified his statement and we cannot make further investigations.
b) or the recruiter should report the situation to his superior before submitting the COE for approval?
b) or the recruiter should report the situation to his superior before submitting the COE for approval?
It is the job of everyone in the KS-MEP to protect the reputation and integrity of the Program. It is everyone’s responsibility to report any fraud that they observe.
During the interview the recruiter Selena noticed the family has already an active COE signed last year for Octavio another recruiter. But Selena also noticed the family have never left the community in the past 7 years. To clarify she contacted Octavio who made the COE and brought this concern up to the recruiter’s attention. The Recruiter said that both know the children in the house need the educational services and asked her to leave them as eligible. Selena didn’t agree and took the issue to her supervisor. The supervisor told Selena to leave the issue alone since no one will know the difference if the children are eligible or not. Selena is not happy with the decision but is reluctant to say anything to upset Octavio or her supervisor.
Should Selena:
a) follow her Supervisor decision
b) Tell the family they should not qualify
c) Contact the State IDR Coordinator
C) Contact IDR Coordinator
Selena is trying to do the right thing. Octavio and her supervisor are trying to help ineligible students. They are ignoring the legal guidelines and breaking the law by not adhering to proper legal use of migrant funds.
a) contact IDR Coordinator (mail, txt of Phone call) to start the investigation (it could be confidential if requested by Selena).
b) If the investigation confirms the report, - beside disciplinary action- the program must correct the COE and remove these children from the child count.
CNA
COMPREHENSIVE NEEDS ASSESSMENT