Here are the answers to the scenarios
we sent out on the first of the month.
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Scenario 1- Martha Sanchez:
On December 5th of 2020 a recruiter visited a dairy in New Glarus, WI. The recruiter was able to speak to the owner who told the recruiter they had just hired a new worker, Martha Sanchez, to work for a month during the holidays milking cows. The owner let the recruiter speak to Martha on her lunch break. Martha said she arrived November 1st, from Honduras. Martha has two kids, Jorge and Juan, twins age 8. Martha says that although the owner says the job is only for a month she hopes he can work longer.
Explanation: Chapter II QA1 on page 12 of the Non-Regulatory Guidance defines a migratory child as a child that is not older than 21, has not completed high school or a high school equivalency program, and has made a qualifying move with, to join, or to precede a migratory agricultural worker or as a migratory agricultural worker. Jorge and Juan meet all requirements for eligibility:
Age: Both under the age of 21
School: Have not completed high school
Qualifying move: Made a move from one residence in Honduras to another in Wisconsin, from one school to another, and due to economic necessity
Migratory Agricultural Worker: Martha is a Migratory Agricultural Worker
- Are Martha's children Eligible for the Migrant Education Program?Yes!
Yes!
- If Martha''s children are eligible for MEP, what is the Q.A.D.?
November 1st, 2020
- Explanation: November 1st, 2020 is the latest date the children made a qualifying move with a migratory agricultural worker
- If Martha's children are eligible for MEP, what is the qualifying activity performed by the Migratory agricultural worker? Is it seasonal or temporary
Qualifying Activity: Milking Cows
The work is temporary work because the owner of the dairy says that Martha has only been hired for a month
Explanation: Milking cows is considered a qualifying agricultural activity. Martha's work milking cows is considered temporary because her employer has stated that she has been hired for only a month. The Non Regulatory Guidance Chapter 111 QG6 states that recruiters may determine work to be temporary based on an employer's statement.
- If Martha''s children are eligible for MEP, are comments necessary on the COE?
Yes, a comment is required on the COE to explain how you know the work is temporary.
Explanation: Page 12 of the National Certificate of Eligibility Instructions states that whenever a recruiter marks the qualifying activity as being temporary they must include a comment that records the information provided by the worker or employer regarding how long they expect the employment to last.
- If comments are needed on the COE, what information should they include?
The comment should include the name of the dairy and the comment from the owner explaining that Martha has only been hired for a month to help through the holidays.
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Scenario 2- Fernando
A recruiter visits a farm in Winchester, KY on July 20th, 2020 and meets Fernando who is out in the fields cutting hemp. Fernando tells the recruiter he has three children who really need help in school because they are struggling in math. Fernando tells the recruiter he and his family arrived in Winchester on February 2nd, 2020. Before living in Winchester, Fernando and his family lived for 10 years in Houston, Texas. After arriving in Winchester Fernando tried to find work in a restaurant but after a month of not finding work began planting hemp in greenhouses.
- Are Fernando's children eligible for the Migrant Education Program?
Yes
Explanation: Fernando's children meet all requirements for eligibility:
Age: All three children are of age since they are still enrolled in school
School: All three children have not completed school
Qualifying move: All three children made a move from one residence in Houston, TX to another in Winchester, KY from one school to another, and due to economic necessity
Migratory Agricultural Worker: Fernando is a Migratory Agricultural Worker
- If Fernando's children are eligible for MEP, what is the Q.A.D.?
The Q.A.D. is February 2nd, 2020. This is the latest qualifying move the children made with a migratory agricultural worker.
- If Fernando's children are eligible for MEP, what is the qualifying activity performed by the Migratory agricultural worker?
Fernando is a migratory agricultural worker and engaged in planting hemp. Work in the hemp industry is considered agricultural work as stated by the federal Office of Migrant Education in question 141 in their Policy Questions and Answers listed on their website (https://results.ed.gov/legislation/policy_qas). Fernando engaged in planting hemp, a job that is considered seasonal and agricultural, within 60 days of the move.
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Scenario 3- Sara
On January 1st, 2021 a recruiter visits a store in Evansville, In. and sees a young woman named Sara with her 4 year old daughter. The woman moved from Detroit, Michigan to Evansville with her parents and her daughter on December 1st, 2020 because her family couldn't afford their rent anymore. Sara's parents are working at a factory but Sara is working in a greenhouse at a nursery planting flowers. Sara tells the recruiter she is only 20 and never graduated high school because she got pregnant but she wants to get her GED.
- Is Sara eligible for the Migrant Education Program?
Yes
Explanation: Sara meets all requirements for eligibility:
Age: Sara is 20 years old and is under the age of 22
School: Sara has not completed high school or a high school equivalency program
Qualifying move: Sara made a qualifying move from one residence in Detroit, MI to another in Evansville, IN, from one school district to another, and it was due to economic necessity
Migratory Agricultural Worker: Sara is a migratory agricultural worker because she engaged in qualifying agricultural work planting flowers within 60 days of making a qualifying move.
- Is Sara's daughter eligible for the Migrant Education Program?
Yes
Explanation: Sara's daughter meets all requirements for eligibility:
Age: Sara's daughter is 4 years old so she is under the age of 22
School: Sara's daughter has not completed high school or a high school equivalency program
Qualifying move: Sara's daughter made a qualifying move from one residence in Detroit, MI to another in Evansville, IN, from one school district to another, and it was due to economic necessity
Migratory Agricultural Worker: Sara's daughter moved with a migratory agricultural worker because Sara is a migratory agricultural worker
- If Sara and/or her daughter are eligible for MEP, who is the migratory agricultural worker?
Sara is the migratory agricultural worker. She engaged in planting flowers within 60 days of making a qualifying move. Planting flowers in a nursery is considered seasonal agricultural work and is a qualifying activity.
- If Sara and/or her daughter are eligible for MEP, how many COEs are needed?
Two COEs are needed. One is needed for Sara and another is needed for Sara's daughter.
Explanation: According to page 3 of the National Certificate of Eligibility Instructions a separate COE is needed for every child that has different eligibility criteria than the other children in the family. Since Sara is the migratory agricultural worker her eligibility criteria is different than her daughter's criteria so separate COEs are needed.
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Your Answers: 15 % said no Sara and her daughter were not eligible and 85% said yes. |
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Scenario 4- Juan and Shawna
Juan and his wife Shawna moved with their three children, Alex (11), Roberto (9), and Sara (4), from Nappa, California to Des Moines Iowa on June 6th, 2020. Juan worked topping corn and Shawna stayed home taking care of their youngest daughter Sara. When the season was finished Shawna and Juan separated and Shawna moved with the three children to Sioux City, Iowa on September 10th, 2020. Juan returned to Napa, California. The children are enrolled in school on October 1st, 2020 and a recruiter speaks to the family on October 10th, 2020.
- Are Alex, Roberto, and Sara eligible for MEP?
Yes
Explanation: Alex, Roberto, and Sara meet all requirements for eligibility:
Age: All three children are under the age of 22
School: All three children have not graduated from high school or completed a high school equivalency program
Qualifying Move: All three children moved from one school district to another, from one residence to another, and due to economic necessity.
Migratory Agricultural Worker: The three children made a qualifying move with a migratory agricultural worker.
- If Alex, Roberto, and Sara are eligible for MEP, what is the Q.A.D.?
June 6th, 2020
Explanation: June 6th, 2020 is the most recent date Alex, Roberto, and Sara made a qualifying move made with a migratory agricultural worker. On June 6th, 2020 Alex, Roberto, and Sara moved due to economic necessity, from one residence to another, and from one school district to another with a migratory agricultural worker.
The move on September 10th, 2020 while being due to economic necessity, from one residence to another, and from one school district to another was not made with a migratory agricultural worker so the children do not receive a new Q.A.D.
- If Alex, Roberto, and Sara are eligible for MEP what is the residency date?
September 10th, 2020
Explanation: Page 4 of the National Certificate of Eligibility Instructions defines the residency date as the date the children moved to their present school district. The residency date is September 10th, 2020 because that is the date Alex, Roberto, and Sara arrived in their current school district.
- Who in this scenario, if anyone, is a migratory agricultural worker and on what date do they become a migratory agricultural worker?
Alex, Roberto, and Sara's father Juan is the migratory agricultural worker.
Explanation: Juan is a migratory agricultural worker because he made a qualifying move to Iowa from California and engaged in seasonal agricultural work topping corn.
Juan became a migratory agricultural worker on June 6th, 2020
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Next month we will have new scenarios coming out on March 1st. Please let us know your vote on whether they are eligible or not! |
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