We post ag trends info, resources for migrant families and programs, information about trainings, website updates, and much more!
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IDRC Monthly Webinar: Quality Always Matters: MEP Quality Control Requirements and Procedures
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Join us for our monthly webinar August 17th- 12 MST, 1 CST, 2 EST
Register in advance for this webinar:
After registering, you will receive a confirmation email containing information about joining the webinar.
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Here are the answers for this month's scenarios
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Scenario 1:
A recruiter meets a young woman named Alicia on June 1, 2021 in Madison, Wisconsin. Alicia is 18 years old and moved to Madison on December 3, 2020 because she could no longer afford her rent and she wanted to help take care of her sick grandmother. Alicia does not work and spends all her time helping her grandmother. Alicia has struggled to find work because she dropped out of high school after 9th grade. Alicia moved to Madison, Wisconsin from Kansas City, Missouri on March 31, 2020 where she worked as a maid at a hotel. The recruiter continues asking Alicia about her move history and finds Alicia moved to Missouri from Indianapolis, Indiana on May 2, 2019. Before living in Indianapolis, Alicia moved to Gillette, New Jersey on June 28, 2018 from Richmond, Virginia to find work and soon after obtained a job picking blueberries.
Does Alicia qualify for the Migrant Education Program?
Yes, Alicia does qualify for the Migrant Education Program. Alicia meets all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance. Alicia is still eligible for free public education because she is of age to receive public education and did not finish high school. Alicia made a qualifying move to New Jersey from Virginia and engaged in seasonal agricultural work soon after the move.
If Alicia does qualify, what is their QAD?
Alicia's qualifying arrival date is December 3, 2020 because this is the most recent qualifying move completed while Alicia is still a migratory agricultural worker. Even though Alicia is helping to take care of her grandmother, the move is still considered a qualifying move made due to economic necessity because she could no longer afford to pay her rent in her previous location.
Until what date will Alicia be eligible for the Migrant Education Program?
Assuming Alicia does not finish a high school equivalency program or become of age to no longer be eligible for the Migrant Education Program, Alicia's eligibility will expire on December 3, 2023 because that is 36 months from the date of her most recent qualifying arrival date.
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Scenario 2:
A recruiter speaks to a family in Portland, Maine. The family was referred to the recruiter from another program that works with potential migrant families. The recruiter speaks to the mom who tells them that she had been living in Portland since August 1, 2020. The mother, Margarita, arrived from Mexico with 2 children: Luisa and Ana. Luisa and Ana are 4 and 5 years old. When the mother arrived she worked picking berries outside of Portland for a few weeks before the farm closed. While speaking to Margarita, the recruiter finds out that she has 4 other children. Her oldest daughter Consuelo (17 10th grade) arrived in Portland on October 1, 2019 and was enrolled in a local school as an unaccompanied minor. Consuelo lived with her aunt and uncle until Margarita arrived. The aunt and uncle had been living in Portland since 2005 and own a local bakery. Margarita’s husband Juan arrived on January 3, 2021 and brought their youngest boys Juan Jr. and Carlos. Juan got a job in January on a tobacco farm in Robertson County removing tobacco leaves. The family’s younger child Hector was born on December 4, 2019 in Portland.
How many of Margarita's six children qualify for the Migrant Education Program?
Five of Margarita's six children would be eligible for the Migrant Education Program. Luisa and Ana made a qualifying move with Margarita who is a migratory agricultural worker, Consuelo is eligible because she moved to precede the migratory agricultural worker, and Juan and Carlos are eligible because they moved to join the migratory agricultural worker. Hector, the youngest child, is not eligible because they were born in Portland and did not make a qualifying move.
If any of the children are eligible, what are their Qualifying Arrival Dates?
Five of the six children are eligible. Their qualifying arrival dates are based on when their move was completed and both the child and worker are in the new location. The qualifying arrival dates are as follows:
Consuelo - August 1, 2020. The qualifying arrival date is the date the worker arrived because the child preceded the migratory agricultural worker.
Luisa and Ana - August 1, 2020 - The qualifying arrival date is the date both the children and worker arrived because the children moved with the migratory agricultural worker
Juan Jr. and Carlos - January 3, 2021 - Whether the recruiter decides to list the migratory agricultural worker as the mother, Margarita, or the father, Juan, both Juan Jr. and Carlos' qualifying arrival date would be January 3, 2021 because that is the date they arrived in a new location with a migratory agricultural worker.
How many COEs would a recruiter need to complete in this scenario?
In this scenario the recruiter would need 3 different COEs. According to page 3 of the National COE Instructions, a different COE is needed "for any child who has different eligibility criteria than the rest of the children in the family." Consuelo will need a separate COE because they moved to precede the worker, Luisa and Ana will need a separate COE because they moved with the migratory agricultural worker, and Juan and Carlos will need a separate COE because their qualifying arrival date is different from their siblings.
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Scenario 3:
A school contact from Charleston, South Carolina gives a recruiter the phone number of a father who recently arrived from New York City on February 15, 2021. The father has two children in school who are participating in ELL classes and the School teacher thinks that the children might qualify. You speak to the father, Juliano, who tells you that since arriving in Charleston he has been unable to find work. Juliano said that before living in Charleston he had lived in New York City with his children. He moved to New York City on January 20, 2020 and worked for a Chinese restaurant in Brooklyn. It was while the dad was living in Brooklyn that the kids moved to the United States from Guatemala. Before living in Brooklyn the dad had lived in Hartford Connecticut where he worked for a roofing company. The father had arrived in Connecticut in June 2019. Before living in Connecticut the dad had bounced around various cities in Pennsylvania. In June 2015 the father moved to Philadelphia from Antigua, Guatemala. Then the dad moved to Redding, Pennsylvania in October 2017 and then to Lancaster Pennsylvania on July 17, 2018. The father was moving from city to city working for a construction company. However, he said that in August of 2018 he got a job at a local dairy farm helping to milk some cows on the weekends. The worked at the dairy farm for three months.
Is the father a Migratory Agricultural Worker? If yes, when did he become a Migratory Agricultural Worker?
Yes, the father is a migratory agricultural worker. Chapter II QC1 on page 15 of the MEP Non-Regulatory Guidance lays out the requirements for being a migratory agricultural worker. The father made a qualifying move and soon after the move engaged in temporary agricultural work. Although the father also performed non-qualifying work he can still be considered a migratory agricultural worker.
The father became a migratory agricultural worker when he moved to Lancaster, Pennsylvania on July 17, 2018 and will remain a migratory agricultural worker until July 17, 2021.
Are the two children eligible for the Migrant Education Program?
Yes, the two children are eligible for the Migrant Education Program. Both children meet all requirements for eligibility as defined in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance. Both children have not completed high school and are of age to receive free public education and both children made a qualifying move with their father, a migratory agricultural worker.
If the children are eligible, what is their Qualifying Arrival Date and when does their eligibility expire?
The qualifying arrival date is the most recent qualifying move completed with, to join, or to precede a migratory agricultural worker. The most recent qualifying move made by the two children was completed on February 15, 2021 when the children moved with the father who is a migratory agricultural worker. So the qualifying arrival date is February 15, 2021 and the children are eligible for 36 months until February 15, 2024.
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