Scenario answers are here! |
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Scenario 1- Picking Cherries
A recruiter in Bend, Oregon meets a woman named Diana at a local food bank. Diana moved from Moiser, Oregon to Bend, Oregon on July 22, 2020, because of the Covid-19 pandemic. Diana has three children, all enrolled in elementary school, and lost her job cleaning houses at the beginning of the pandemic. Diana moved to Bend, Oregon to be closer to resources that could help her family. Diana has not been able to find work since arriving in Bend, Oregon. Diana tells the recruiter that before living in Bend, Diana moved with her children From Walla Walla, Washington to Moiser, Oregon on June 15, 2018, to help pick cherries.
Is Diana a migratory agricultural worker? If yes, when will Diana cease to be a migratory agricultural worker?
Yes, Diana is a migratory agricultural worker. Diana became a migratory agricultural worker on June 15, 2018, when she moved to Moiser, Oregon from Walla Walla, Washington and engaged in seasonal agricultural work picking cherries. Diana will be considered a migratory agricultural worker until June 15, 2021.
Chapter II QC1 on page 15 of the MEP Non-Regulatory Guidance lays out the requirements for being a migratory agricultural worker. A person does not have to be currently employed in seasonal or temporary agricultural work to be considered a migratory agricultural worker as long as they have made a qualifying move within the preceding 36 months from the date of the interview and engaged soon after the move in seasonal or temporary agricultural work.
Do Diana’s children qualify for the Migrant Education Program?
Yes, Diana's children qualify for the Migrant Education Program. They 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 with a migratory agricultural worker.
If Diana’s children are eligible for MEP, what is their Q.A.D. date?
The Q.A.D. of Diana's children is July 22, 2020. The MEP Non-Regulatory Guidance on page 23 defines the Q.A.D, or qualifying arrival date, as the date the child completes a move with, to join, to precede, or as a migratory agricultural worker. So to find the Q.A.D. for Diana's children you need to find the most recent move completed with, to join, or to precede a migratory agricultural worker, which would be the family's move from Moiser, Oregon to Bend, Oregon on July 22, 2020.
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Scenario 2- Selling Maple
On February 1st, 2021, a recruiter in Burlington, VT. meets Lucy and her two school-aged children at the local winter farmer’s market. Lucy moved to Burlington, VT. on August 1st, 2020, and got a job working for a local nursery selling maple products in their on-site store. During the winter time Lucy sold maple at the farmer’s market. Lucy tells the recruiter they have previous experience working in farms. Lucy moved to Oswego, New York on July 11, 2017, and soon after began to work picking apples on an orchard. Lucy stayed in Oswego and returned to working on the orchard for the 2018 and 2019 seasons.
Is Lucy a migratory agricultural worker at the time of the interview?
No, Lucy is no longer considered to be a migratory agricultural worker at the time the recruiter interviews her. Lucy has not engaged in qualifying work since the most recent move. Selling products in the farm's story is not considered to be seasonal or temporary work in agriculture because it is not in the production or initial processing of the agricultural product. By the time the recruiter interviews Lucy it has been more than 36 months since she moved and engaged in qualifying work.
Chapter II QC1 on page 15 of the MEP Non-Regulatory Guidance says that to be considered a migratory agricultural worker a person must have made a qualifying move within the preceding 36 months from the date of the interview and engaged soon after the move engaged in qualifying work.
Has Lucy ever been a migratory agricultural worker? If yes, on what date did they become a migratory agricultural worker and on what date did they stop being a migratory agricultural worker?
Yes, Lucy has previously been a migratory agricultural worker. Lucy became a migratory agricultural worker on July 11, 2017, when she moved to Oswego, New York and engaged in work picking apples. Picking apples meets the definition of seasonal agricultural work. Lucy stopped being a migratory agricultural worker 36 months after the move to Oswego, New York on July 11, 2020.
Do the children qualify for the Migrant Education Program? Why, or why not?
No, the children do not qualify for the Migrant Education Program because they did not make a qualifying move with, to join, or to precede a migratory agricultural worker. When the children moved in July, 2017, Lucy was no longer considered to be a migratory agricultural worker because it had been longer than 36 months since she made a qualifying move and engaged in qualifying work.
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Scenario 3- Seafood Company
A recruiter in Charleston, South Carolina receives a referral from the IDRC Electronic Survey tool about a family with four children in their area. The family moved to Charleston on January 2, 2021, and the father, Jean-Paul was hired as a manager in the office at a local seafood company. The father helps oversee timesheets and schedules. The family is shy and the recruiter struggles to obtain the family's move history. Eventually the family tells the recruiter they moved to five times in 2020 because they could not afford the housing. In 2019 the family moved four times. On January 2, 2019, the family moved from Savannah, Georgia to Plant City, Florida and worked picking strawberries. However, the family was removed from their house on March 31, 2019, and was forced to move to Mobile, Alabama.
Do the children qualify for the Migrant Education Program? Why, or why not?
Yes, the children qualify for the Migrant Education Program. They 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 with a migratory agricultural worker. A family may still qualify even if they have many moves in their history as long as at least one of those moves in the preceding 36 months was a qualifying move with, to join, or to precede a migratory agricultural worker.
If the children are eligible for MEP, what is their Q.A.D. date?
The Q.A.D. is January 2, 2021, because that is the most recent qualifying move completed by the children with a migratory agricultural worker.
What advice would you give a recruiter struggling to obtain a family’s move history?
A recruiter may encounter families that are hesitant to trust the recruiter or share their information. If a recruiter notices a family is hesitant to share their information there are several things they can do to put the family at ease:
- Change the subject to something they are more comfortable with until trust can be established.
- Demonstrate personal interest by asking questions about the family's interests and how they have been doing in their new location.
- Explain all the information is private and will only be viewed by MEP and school staff to demonstrate eligibility.
- Show identification and explain more about the program
- Explain the services the family will be eligible to receive in their area.
- Let the family know there are other families in the state who also qualify.
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Scenario 4- De-tasseling Corn
A recruiter in Madison, Wisconsin meets an 18-year-old OSY who is working to get their GED taking night classes at a local church. The 18-year-old moved to Madison, Wisconsin from West Des Moines, IA on October, 22, 2020. The OSY moved by themselves to find their own employment and housing. The OSY is living with friends and working in a local fabric factory. The OSY had moved to Des Moines, IA from Chicago, Illinois on May 6, 2020 with their parents. The OSY's parents quickly began to work outside of Des-Moines de-tasseling corn. When the OSY moved to Madison, Wisconsin their parents remained in Des-Moines.
Is there a migratory agricultural worker in this scenario? Why, or why not?
Yes, there are two migratory agricultural workers. Both of the OSY's parents are considered to be migratory agricultural workers because they made a qualifying move to Des Moines, IA and engaged in seasonal agricultural work, detasseling corn, soon after the move.
Does the OSY qualify for the Migrant Education Program? Why, or why not?
Yes, the OSY does qualify for the Migrant Education Program because they meet all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance.
Although the OSY is no longer currently living with a migratory agricultural worker, they have previously made a qualifying move with a migratory agricultural worker. The OSY made a move on May 6, 2020, with their parents who were both migratory agricultural workers who engaged in qualifying work detasseling corn.
If the OSY is eligible, what is their Q.A.D?
The Q.A.D. for the OSY is May 6, 2020 because that is the most recent date the child made completed a qualifying move with a migratory agricultural worker.
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