Here are your answers to this months scenarios! |
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NOTICE: We had an error on our dates for this scenario. Work needs to be obtained within 60 days and we had the dates outside of the 60 day window!! Oops and thank you to those of you that spotted this!
Scenario 1:
A recruiter in Huntsville, Alabama visits an apartment complex on August 1, 2021. At the apartment complex they meet a man by the name of Horatio who was living with his two children, Minerva and Xavier. Both Minerva and Xavier were enrolled in middle school in Huntsville. Horatio and his children were working at a farm on the border with Tennessee growing watercress. Horatio moved to Kirkland, Tennessee on April 10, 2021 from Nashville, Tennessee and began harvesting watercress on June 2, 2021. On July 20, 2021 Horatio and his children moved to Huntsville, Alabama to be closer to a food bank that could help provide for the family. After moving to Huntsville, Horatio continued harvesting watercress on the same farm.
- Do Minerva and Xavier qualify?
Yes, Minerva and Xavier both qualify for the Migrant Education Program. Both Minerva and Xavier meet all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance. Minerva and Xavier are still eligible for free public education because they are enrolled in middle school. Minerva and Xavier made a qualifying move to Alabama from Tennessee with a migratory agricultural worker.
- Is Horatio a migratory agricultural worker? If so, when is the latest move that qualifies Horatio as a migratory agricultural worker?
Yes, Horatio is a migratory agricultural worker. Horatio became a migratory agricultural worker when he moved with his family to Kirkland, Tennessee because that is the most recent qualifying move made where Horatio engaged in new qualifying work. Horatio will continue to be a migratory agricultural worker for 36 months from the date he moved to Kirkland, Tennessee. Horatio's 36 months as a migratory agricultural worker was not renewed when he moved to Huntsville, Alabama because he continued working on the same job and did not engage in new qualifying work.
- What is Minerva and Xavier's qualifying arrival date?
Minerva and Xavier's qualifying arrival date is July 20, 2021 because that is the most recent move made with a migratory agricultural worker that was due to economic necessity, from one school district to another, and from one residency to another.
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Scenario 2:
A recruiter in Rochester, Minnesota meets a man named Oswaldo who has been living in Rochester for six months. Oswaldo arrived in Rochester on February 13, 2021. Oswaldo moved from Duluth, MN to start a new job at a factory in Rochester. Oswaldo moved to Duluth, MN from Kenosha, Wisconsin on December 1, 2020. While in Duluth Oswaldo worked for a logging company for a month. Oswaldo drove a transport truck that carried the logs from the logging site to the mill to be processed. Oswaldo left after a month because his contract was up. Oswaldo is 21 years old and left school after 10th grade to help take care of his siblings. Oswaldo is wanting to get his GED.
- Is Oswaldo a migratory agricultural worker?
Oswaldo is not a migratory agricultural worker. The only work Oswaldo has engaged in is the transportation of trees. Chapter II QF14 on page 26 of the Non-Regulatory Guidance states that the transportation of trees from a harvesting site to a processor does not count as agricultural work.
- Does Oswaldo qualify for the Migrant Education Program?
Oswaldo does not qualify for the Migrant Education Program. Oswaldo is of age to qualify, did not finish high school, and Oswaldo made a qualifying move. However, since Oswaldo is not a migratory agricultural worker and did not move with a migratory agricultural worker, he does not qualify for the migrant education program.
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Scenario 3:
A recruiter in Dover, Delaware receives a referral from a local school tool about a family with three school-aged children in their area. The family moved to Dover on April 4, 2021, and the mother, Kate, was hired as a manager in the office at a local crab processing company. The mother helps oversee timesheets and schedules for the company. The family is busy and the recruiter struggles to obtain the family's move history. Eventually the father tells the recruiter they moved four times in 2020 because they could not find stable employment. On January 29, 2020, the family moved from Richmond, Virginia to Hershey, Pennsylvania and Kate and her husband Angelo worked cleaning a hotel. On May 22, 2020 the family moved from Hershey, Pennsylvania to Cape May, New Jersey where Angelo worked on a boat catching blue crabs. On August 7, 2020 the family moved to Hartford, Connecticut so they could be close to some family members who were sick from Covid 19. On September 3, 2020 the family moved to Richmond, Virginia because they were told they could work harvesting tobacco. However, when the family arrived in Richmond the farm told them that there were no more jobs available and the family had to find other work.
- Is there a migratory agricultural worker? If yes, when did he become a migratory agricultural worker?
Yes, Angelo became a migratory agricultural worker on May 22, 2020 when the family moved to Cape May, New Jersey and Angelo began working catching blue crabs. Catching blue crabs counts as qualifying fishing work and since Angelo only worked catching crabs for a little over two months until the family moved to Hartford, Connecticut, the work is considered temporary. Kate is not a migratory agricultural worker because being a manager is not considered qualifying work.
- Are the three children eligible for the Migrant Education Program?
Yes, the three children are eligible for the migrant education program. The children meet all of the requirements laid out in Chapter II QA1 of the Migrant Education Program Non-Regulatory Guidance. The three children are eligible for free public education and made a qualifying move with a migratory agricultural worker.
- If the children are eligible, what is their qualifying arrival date and when does their eligibility expire?
The children's qualifying arrival date is April 4, 2021 because that is the most recent qualifying move.
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