Scenario 1:
On June 16, 2020, Carlos and his three children, ages 5, 8, and 10, moved from Berlin, Maryland to Chatsworth, New Jersey because the family could no longer afford to live in Maryland. Carlos' husband Julio had to stay behind in Berlin, Maryland because their mother was sick and he was finishing a job he was contracted for. On August 16, 2020, Carlos' husband Julio moved from Berlin, Maryland to Chatsworth, New Jersey to join Carlos and the children. Julio immediately began working for a local farm harvesting cranberries in their cranberry bog. On December 4, 2020, the whole family moved to a new home down the street that is located in the same school district. The recruiter spoke to the family and helped enroll the students in school on January 15, 2021.
Do the children qualify for the Migrant Education Program?
Yes, the children qualify for the Migrant Education Program. All three children meet all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance. The children are of school age, are eligible for free public education, and made a qualifying move to precede Julio, who is a migratory agricultural worker.
If the children qualify, what is the qualifying arrival date? Until what date are the children eligible for the Migrant Education Program?
The qualifying arrival date is August 16, 2020. The MEP Non-Regulatory Guidance on page 23 defines the QAD, or qualifying arrival date, as the most recent date the child completes a move with, to join, to precede, or as a migratory agricultural worker. A move is considered complete when a child and migratory agricultural worker are both together in the new location.
The move was completed when Julio moved to join their husband, Carlos, and the children on August 16, 2020 and engaged in qualifying work. The move on December 4, 2020, is not a qualifying move because it was made within the same school district.
If the children qualify, what is the children's residency date?
The children's residency date is June 16, 2020. According to page 4 of the National COE Instruction manual, the residency date is the date the children arrived in their current school district. The children first moved to the school district on June 16, 2020. The move on December 4, 2020, does not change the residency date because the move is within the same school district.
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Scenario 2:
On March 31, 2021, Mauricio Muñoz moved from Chiapas, Mexico to Cleveland, Ohio with his 6-year-old twin sons. Mauricio had worked for many years at a nursery in Chiapas, Mexico, and wanted to use his experience to find a job planting flowers in a nursery in the United States. Mauricio had heard that there were jobs at a nursery in Cleveland; however, when Mauricio arrived the nursery informed him all the jobs had been filled and they were no longer hiring for the season. Instead, Mr. Muñoz got a job working for the city sanitation department cleaning up local parks.
Do these children qualify for the Migrant Education Program?
No, the children do not qualify for the Migrant Education Program. The children do not meet all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance. The children are of school age and are eligible for free public education but they did not make a qualifying move with a migratory agricultural worker. Mauricio cannot be a migratory agricultural worker because they did not engage in temporary or seasonal agricultural or fishing work in the United States and they do not have a recent history of moves.
If yes, what is the qualifying arrival date?
There is no qualifying arrival date because the children are not eligible for the Migrant Education Program.
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Scenario 3:
Jade Pham, an 18-year-old who dropped out of school after 10th grade, moved from Little Rock, Arkansas to New Orleans, Louisiana June 2019 and began to work collecting oysters on a fishing boat. Jade worked for 4 months on the boat before moving back to Little Rock Arkansas on November 2, 2019. Jade moved again to Saint Louis, Missouri, on February 15, 2020, and again to Memphis, Tennessee on May 3, 2020 because she was struggling to find a job. On August 28, 2020, Jade was moved to Indianapolis, Indiana to work for her friend's business cleaning office buildings. A recruiter meets jade on March 16, 20201, at a local church.
Does Jade qualify for the Migrant Education Program?
Yes, Jade qualifies for the Migrant Education Program. Jade meets all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance. Jade is still of age to get a free public education, they have not completed high school, and Jade became a migratory agricultural worker when they moved to New Orleans and engaged in temporary fishing work collecting oysters.
If they qualify, what is Jade's qualifying arrival date?
The qualifying arrival date is August 28, 2020. The MEP Non-Regulatory Guidance on page 23 defines the QAD, or qualifying arrival date, as the most recent date the child completes a move with, to join, to precede, or as a migratory agricultural worker. Jade was still considered to be a migratory agricultural worker when they moved to Indianapolis on August 28, 2020, so the move to Indianapolis counts as a qualifying move.
If they qualify, until what date will Jade be considered a migratory agricultural worker and until what date will Jade be eligible for the Migrant Education Program.
Jade became a migratory agricultural worker in June 2019 when they moved to New Orleans and engaged in temporary fishing work collecting oysters. Jade will be considered a migratory agricultural worker until June 2022. Jade will be eligible for the Migrant Education Program for 36 months from their QAD so they will be eligible for the Migrant Education Program until August 28, 2023.
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Scenario 4- Arturo moves with his wife Liliana to Waverly, Minnesota from Sioux City, Iowa with their 4-year-old daughter Mia on May 3, 2020. Arturo and Liliana are both 19 years old. Both Arturo and Liliana dropped out of high school after Liliana got pregnant. After arriving in Waverly Liliana gets a job planting pumpkins for a local vegetable farm. A recruiter meets Arturo and Liliana from a referral from the IDRC Electronic Survey Too on June 13, 2020. Arturo and Liliana both ask the recruiter if they know how they can enroll in night classes since neither finished high school.
Is there a migratory agricultural worker in this scenario? If yes, until what date will they be considered a migratory agricultural worker?
In this scenario Liliana is considered to be the migratory agricultural worker because they made a qualifying move to Waverly, Minnesota and soon after engaged in seasonal agricultural work planting pumpkins. Liliana became a migratory agricultural worker on May 3, 2020, and will be considered a migratory agricultural worker for 36 months so they will be a migratory agricultural worker until May 3, 2023.
Does Arturo, Liliana, or Mia qualify for the Migrant Education Program?
Yes, all three qualify for the Migrant Education Program. All three meet all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance.
Liliana qualifies because they are of school age, are still eligible to receive a free public education, and made a qualifying move as the migratory agricultural worker.
Arturo qualifies because they are of school age, are still eligible to receive a free public education, and made a qualifying move with a migratory agricultural worker who was their spouse.
Mia qualifies because they are of school age, are still eligible to receive a free public education, and made a qualifying move with a migratory agricultural worker who was their parent/guardian.
If anyone in the scenario qualifies, how many COEs would need to be completed in this scenario?
In this scenario, three COEs would be needed: one for Arturo, one for Liliana, and one for Mia. According to page 3 of the National COE Instructions, a new COE is required whenever children/students have different eligibility criteria than the other children. Arturo, Liliana, and Mia all have different eligibility criteria because the Migratory Agricultural Worker has a different relationship with all three.
Liliana qualifies because they are the migratory agricultural worker.
Arturo qualifies through Liliana who is their spouse.
Mia qualifies because the migratory agricultural worker is their parent/guardian.
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