Student Eligibility
Children are eligible to receive Migrant Education Program services if they meet the definition of “migratory child” and if the basis for their eligibility is properly recorded on a certificate of eligibility (COE) or other written or electronic form. The term "migratory child" is defined in section 1309(2) of the statute and section 200.81(d) of the regulations.
Determining whether a child meets this definition is often difficult and depends on a recruiter's assessment of information presented by a parent or other family member, guardian, or other individual responsible for the child.
According to sections 1115(b)(1)(A) and 1309(2) of the statute and section 200.81(d) of the regulations, a child is eligible for the Migrant Education Program if:
-
The child is younger than 22 and has not graduated from high school or does not hold a high school equivalency certificate (this means that the child is entitled to a free public education or is of an age below compulsory school attendance); and
-
The child is a migrant agricultural worker or a migrant fisher or has a parent, spouse, or guardian who is a migrant agricultural worker or a migrant fisher; and
-
The child has moved within the preceding 36 months in order to obtain (or seek) or to accompany (or join) a parent, spouse, or guardian to obtain (or seek), temporary or seasonal employment in qualifying agricultural or fishing work; and
-
Such employment is a principal means of livelihood; and
-
The child has moved from one school district to another.
What is a migratory agricultural worker?
According to section 200.81(c) of the regulations, a migratory agricultural worker is “a person who, in the preceding 36 months, has moved from one school district to another . . . in order to obtain temporary or seasonal employment in agricultural activities (including dairy work) as a principal means of livelihood.”
How does a recruiter determine whether a worker moved with the intent to seek or obtain qualifying work?
A recruiter must use sound and reasonable judgment to determine whether the particular facts and circumstances support a determination that the worker moved with this intent. In certain situations, the recruiter should provide additional comments on the COE to explain his or her rationale.
What if the worker asserts that he moved with the intent to find qualifying work but did not obtain the work?
In this situation, there is a presumption that the worker moved with the intent to obtain qualifying work if: (1) the worker has a history of migrant employment, and (2) there is corroborating evidence of the circumstances that prevented the worker from obtaining qualifying work. Absent these factors, the recruiter may find that the worker made a qualifying move based on other convincing evidence. In any event, the recruiter should clearly document in the comment section of the COE the basis for his or her determination.
What does PMOL (Primary Means of Livelihood) mean?
PMOL means that an agricultural or fishing activity plays an important part in providing a living for the worker and his or her family. 34 CFR 200.81(f). This regulation means that a child who meets all other aspects of the definition of a migrant child is not eligible to be counted or served by the MEP unless the temporary or seasonal agricultural work is in fact an important part of their livelihood. Children whose parents do not rely on this work for their livelihood are not migrant children under the MEP and, therefore, may not be found eligible or receive program services.
Does the qualifying work need to be the most important means of livelihood for the worker or family?
No. However, the child is not eligible for the MEP unless the qualifying work plays an important part in sustaining the family.
Are recruiters required to review income information to determine whether the qualifying work is a PMOL for the family?
No. However, through the interview process, the recruiter should be satisfied that the agricultural work in fact plays an important part of providing a living for the family. Absent obvious evidence to the contrary, the recruiter may rely on information the worker, employer, or other relevant person provides and should make a sound judgment based on that information. In cases where the worker’s statements about the family’s reliance on the agricultural or fishing work does not seem reasonable, the recruiter should either find the child ineligible or refer the situation to a higher official within the State.
