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Louisiana Title I Part C Migrant Education Program The Certificate of Eligibility with Emphasis on Sections III & Scenarios.

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Presentation on theme: "Louisiana Title I Part C Migrant Education Program The Certificate of Eligibility with Emphasis on Sections III & Scenarios."— Presentation transcript:

1 Louisiana Title I Part C Migrant Education Program The Certificate of Eligibility with Emphasis on Sections III & Scenarios

2 Where Who When What & Why What Who Said It?

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4 Required Data Sections Qualifying Move and Work Section 1. The child(ren) listed on this form moved from a residence in ________ (School District/City/State/Country) to a residence in _________ (School District/City/State).

5 Required Data Sections Qualifying Move and Work Section from a residence in___________ (School District/City/State/Country). This location is the last place of residency before the child(ren) and the parent, spouse or guardian moved due to economic necessity in order to obtain qualifying work. Note that the child(ren) might have made subsequent non- qualifying moves. from a residence in___________ (School District/City/State/Country). This location is the last place of residency before the child(ren) and the parent, spouse or guardian moved due to economic necessity in order to obtain qualifying work. Note that the child(ren) might have made subsequent non- qualifying moves.

6 Required Data Sections Qualifying Move and Work Section to a residence in __________ (School District/City/State). This location is the place of residency where the child(ren) and the parent, spouse or guardian moved due to economic necessity in order to obtain qualifying work. A qualifying move can never be made to a country outside of the United States. As mentioned previously, the child(ren) might have made subsequent non-qualifying moves. to a residence in __________ (School District/City/State). This location is the place of residency where the child(ren) and the parent, spouse or guardian moved due to economic necessity in order to obtain qualifying work. A qualifying move can never be made to a country outside of the United States. As mentioned previously, the child(ren) might have made subsequent non-qualifying moves.

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8 Required Data Sections Qualifying Move and Work Section 2. The child(ren) moved (complete both a. and b.): a.  on own as a worker, OR with the worker, OR to join or precede the worker. [Mark only one box] b. The worker, _______ (First and Last Name of Worker), is the child’s parent spouse guardian. i. (Complete if “to join or precede” is checked in 2a.) The worker moved on __________ (MM/DD/YY). The child(ren) moved on ______ (MM/DD/YY). (provide comment).

9 Required Data Sections Qualifying Move and Work Section 2. The child(ren) moved (complete both a. and b.): a. on own as a worker, OR with the worker, OR to join or precede the worker. [Mark only one box]

10 Required Data Sections Qualifying Move and Work Section Qualifying Move and Work Section b. The worker, _____________ (First and Last Name of Worker), –Record the first and last name of the individual who sought or obtained the qualifying (i.e. parent, spouse, or guardian). …is the child’s or child’s parent spouse guardian. [Mark only one box] …is the child’s or child’s parent spouse guardian. [Mark only one box] –Mark the box that indicates the child’s relationship to the work (i.e., parent, spouse or guardian).

11 Required Data Sections Qualifying Move and Work Section Qualifying Move and Work Section i. (Complete if “to join or precede” is checked in 2a.) The worker moved on __________ (MM/DD/YY). The child(ren) moved on ______ (MM/DD/YY). (provide comment)

12 Eligibility Scenario/Ruling Type of Move Early Moves Early Moves Ruling Scenario: Scenario: Mr. and Mrs. Garza and children moved from Edinburg, TX to Hammond, LA on February 20, 2013, to pick strawberries. During the interview, the parents told the recruiter they moved early to secure housing. Do they qualify? Ruling: Ruling: Yes. Comments indicating why the early move took place should be documented in the Comments section of the COE.

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14 Required Data Sections Qualifying Move and Work Section 3. The Qualifying Arrival Date was ___________ (MM/DD/YY). –Record the Qualifying Arrival Date (QAD), using the two-digit numbers that refer to the month and day, and the last two digits of the year. –For example, October 8, 2014 would be written as 10/08/14.

15 Required Data Sections Qualifying Move and Work Section –In general, the QAD is the date that both the child and worker completed the move. –The child must have moved on his or her own, or with or to join a parent, guardian, or spouse to enable the worker (i.e., child, parent, guardian or spouse) to obtain qualifying work.

16 Required Data Sections Qualifying Move and Work Section - The child and worker will not always move together, in which case, the QAD would be the date the child joins the worker who has already moved, or the date when the worker joins the child who has already moved. - The QAD is the date that the child’s eligibility for the MEP begins. The QAD is not affected by subsequent non- qualifying moves. - For more information on determining the QAD, see chart.

17 Type of Qualifying Move The child... Qualifying Arrival Date (QAD)-- Eligibility Begins The QAD is......moved with the worker....the date the child and worker both arrive in the district where the worker will look for qualifying work....moved before the worker moved....the date the worker arrives in the district to look for qualifying work....moved to join the worker after the worker moves....the date the child arrives to join the worker. Determining the QAD

18 Eligibility Scenario/Ruling Type of Move Children Born After the Move Children Born After the Move Ruling Scenario: Scenario: Mrs. Jones moved from Natchitoches, LA to Forest Hill, LA on July 15, 2013, to work in a nursery packing plants; two weeks later she gives birth to a baby boy. Her three other children have been qualified as migrant and are on an existing COE. Can the newborn baby be added to the COE? Ruling: Ruling: No. Children born after the QAD do not qualify and cannot be documented on the same COE.

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20 Required Data Sections Qualifying Move and Work Section 4. The worker moved due to economic necessity in order to obtain: a.  qualifying work, and obtained qualifying work, OR b.  any work, and obtained qualifying work soon after the move, OR c.  qualifying work specifically, but did not obtain the work. If the worker did not obtain the qualifying work: i.  The worker has a prior history of moves to obtain qualifying work (provide comment), OR ii.  There is other credible evidence that the worker actively sought qualifying work soon after the move (provide comment ).

21 Required Data Sections Qualifying Move and Work Section 4. The worker moved due to economic necessity in order to obtain: [Mark only one of the following boxes, either a, b, or c.] a.  qualifying work, and obtained qualifying work, OR –Mark this box if the child, parent, spouse, or guardian moved due to economic necessity in order to obtain temporary or seasonal employment in agricultural or fishing work, and obtained that work.

22 Required Data Sections Qualifying Move and Work Section b.  any work, and obtained qualifying work soon after the move, OR –Mark this box if the child, parent, spouse or guardian, moved due to economic necessity in order to obtain any work, and soon after the move obtained temporary or seasonal employment in agricultural or fishing work.

23 Required Data Sections Qualifying Move and Work Section c.  qualifying work specifically, but did not obtain the work. If the worker did not obtain the qualifying work: [NOTE: Also complete box “i,” box “ii” or both.] –Mark this box if the child, parent, spouse or guardian moved due to economic necessity to obtain temporary or seasonal employment in agricultural or fishing work, but did not obtain that work. If this box is marked, also mark box i, box ii, or both.

24 Required Data Sections Qualifying Move and Work Section i. The worker has a prior history of moves to obtain qualifying work (provide comment), OR –Mark this box to indicate that the worker has a prior history of moving to obtain temporary or seasonal employment in agricultural or fishing work.

25 Required Data Sections Qualifying Move and Work Section ii.  There is other credible evidence that the worker actively sought qualifying work soon after the move (provide comment). –Mark this box to indicate that there is other credible evidence that demonstrates that the worker actively sought qualifying agricultural or fishing work soon after the move, but the work was not available for reasons beyond the worker’s control.

26 Eligibility Scenario/Ruling Type of Move Economic Necessity Economic Necessity Ruling Scenario: Scenario: The Doucet family moves annually from Lafayette, LA to Houma, LA to clean and sort shrimp, as the income is necessary to assist the family during the winter months. On 10/20/2013, the work ended in Houma and the family returned to Lafayette. Does the family qualify? Ruling: Ruling: Yes. The family qualifies and meets all of the criteria in “Qualifying Move Chart.” – next slide

27 The child and worker “moved” Change of residence From one school district to another With or to join the worker, or on own as worker For economic necessity Within the past 36 months ANDAND ANDAND ANDAND ANDAND Qualifying Move Chart Note: All criteria must occur in order for a qualifying “move” to take place.

28 Eligibility Scenario/Ruling Type of Work Hauling Hauling Ruling Scenario: Scenario: The Sanchez family moved from Brownsville, TX to Thibodaux, LA on 08/10/2013. Mr. Sanchez hauls sugar cane for ABC Farms from the fields to the packing shed. Is this a qualifying activity? Ruling: Ruling: Yes. Hauling or moving any agricultural product on a farm or ranch is a qualifying activity. However, hauling agricultural or fish products to a market or wholesaler is not a qualifying activity.

29 Eligibility Scenario/Ruling Type of Work In Order to Obtain In Order to Obtain Ruling Scenario: Scenario: The Smith family, father, mother, and two school-age children, moved from Shreveport, LA to Farmerville, LA to pick peaches on 06/10/2013. Does the family qualify? Ruling: Ruling: Yes. The purpose of the move was to seek or obtain qualifying work.

30 One purpose of the move was to seek or obtain qualifying work To obtain qualifying work and obtained qualifying work To obtain any employment and obtained qualifying work, soon after the move Specifically to obtain qualifying work, but did not obtain the work soon after the move OROR OROR Prior History to obtain qualifying work Other credible evidence that worker sought the work. AND OROR In order to obtain

31 ANY employment Specifically Non- Qualifying Work

32 Eligibility Scenario/Ruling Type of Work In Order to Obtain – Any Work In Order to Obtain – Any Work Ruling Scenario: Scenario: The Vargas family moved from Jonesboro, LA OR to Winnfield, LA on 05/05/14. Mr. Vargas is looking for any work. On May 30, 2014, Mr. Vargas found work thinning pine trees. In June, he gets a full-time job at Walmart. Is this a qualifying move and do the Vargas children qualify for the MEP? Ruling: Ruling: Yes. The worker came looking for any work and obtained qualifying work.

33 Eligibility Scenario/Ruling Type of Work In Order to Obtain – Non-Qualifying Work In Order to Obtain – Non-Qualifying Work Ruling Scenario: Scenario: The Jones family has five school-aged children. The family moved from Bogalusa, LA to New Orleans on 02/22/14. Mr. Jones stated he moved in order to search for work in construction. Does the Jones family qualify? Ruling: Ruling: No. Mr. Jones is looking for non- qualifying work.

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35 Required Data Sections Qualifying Move and Work Section 5. The qualifying work*, _____________ (describe agricultural or fishing work) was (make a selection in both a. and b.): a.  seasonal, OR  temporary employment, b.  agricultural, OR  fishing work. *If applicable check:  personal subsistence (provide comment)

36 Required Data Sections Qualifying Move and Work Section Qualifying Move and Work Section 5. The qualifying work*, _____________ (describe agricultural or fishing work), (Continued below) –Describe agricultural or fishing work. When describing the specific agricultural or fishing work, the recruiter should use an action verb (e.g., “picking”) and a noun (e.g., “strawberries”).

37 Eligibility Scenario/Ruling Type of Work In Order to Obtain – Soon After the Move (30 days) In Order to Obtain – Soon After the Move (30 days) Ruling Scenario: Scenario: The Presley family moved from Crowley, LA to Ville Platte, LA on 06/15/2014. Mr. Presley stated that he came looking for a job working in the crawfish industry. Three weeks later he gets a job digging ponds. Is this a qualifying move? Ruling: Ruling: Yes. Mr. Presley obtained qualifying work “soon after the move,” within 30 days of the move.

38 Eligibility Scenario/Ruling Type of Work In Order to Obtain – Prior History In Order to Obtain – Prior History Ruling Scenario: Scenario: The Ortega family moved from Starkville, MS to Waterproof, LA on 04/28/13. Mr. Ortega came to Waterproof seeking work planting cotton, but was not hired. Mr. Ortega worked picking cotton in Mississippi two years ago, and then moved to Monroe to work in construction. Is this a qualifying move? Ruling: Ruling: Yes. Mr. Ortega came seeking qualifying work but did not obtain it. He has a prior history. Comments are needed on COE in the Comments section regarding prior history.

39 Eligibility Scenario/Ruling Type of Work In Order to Obtain – Credible Evidence In Order to Obtain – Credible Evidence Ruling Scenario: Scenario: The García family moved from Blytheville, AR to Wisner, LA on 11/28/2013, to look for work in the soybeans. Mr. and Mrs. García looked for work at MFG farms but the foreman said the crew was full. However, their names would be put on a waiting list. Does the García family qualify? Ruling: Ruling: Yes. The García family actively sought qualifying work soon after the move. Comments are needed on COE regarding “credible evidence” as to why work was unavailable and who they spoke to.

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41 Required Data Sections Qualifying Move and Work Section (Continued from above)… was ( make a selection in both a. and b.): (Continued from above)… was ( make a selection in both a. and b.): a.  seasonal, OR  temporary employment, (Continued below) a.  seasonal, OR  temporary employment, (Continued below) –Mark the box for “seasonal employment” if the employment occurs only during a certain period of the year because of the cycles of nature and that, by its nature, may not be continuous or carried on throughout the year. (Section (j)).

42 Required Data Sections Qualifying Move and Work Section a.  seasonal, OR  temporary employment, Mark the box for “temporary employment” if the lasts for a limited period of time, usually a few months, but not longer than 12 months. It typically includes employment where the worker states that the worker does not intend to remain in that employment indefinitely; the employer states that the worker was hired for a limited time frame; or the SEA has determined on some other reasonable basis that the employment is temporary. (Section (k)). Mark the box for “temporary employment” if the lasts for a limited period of time, usually a few months, but not longer than 12 months. It typically includes employment where the worker states that the worker does not intend to remain in that employment indefinitely; the employer states that the worker was hired for a limited time frame; or the SEA has determined on some other reasonable basis that the employment is temporary. (Section (k)).

43 Required Data Sections Qualifying Move and Work Section (Continued from above)… b.  agricultural, OR  fishing work. –Mark the box for “agricultural work” is work that involves the production or initial processing of crops, dairy products, poultry, or livestock, as well as the cultivation or harvesting of trees. (Section (a)). The work may be performed either for wages or personal subsistence. –Mark the box for “fishing work if the work that involves the catching or initial processing of fish or shellfish or the raising or harvesting of fish or shellfish at fish farms. (Section (b)) The work may be performed either for wages or personal subsistence.

44 Required Data Sections Qualifying Move and Work Section (*) Mark the box for “personal subsistence” if “…the worker and the worker’s family, as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch.” (Section (h)). Also provide a comment in the Comments section. (*) Mark the box for “personal subsistence” if “…the worker and the worker’s family, as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch.” (Section (h)). Also provide a comment in the Comments section. *If applicable check:  personal subsistence (provide comment)

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46 Required Data Sections Qualifying Move and Work Section 6. (Complete if “temporary” is checked in #5a) The work was determined to be temporary employment based on: a.  worker’s statement (provide comment), OR b.  employer’s statement (provide comment), OR c.  State documentation for _______________.

47 Required Data Sections Qualifying Move and Work Section 6. (Complete if “temporary” is checked in #5a) The work was determined to be temporary employment based on: a.  worker’s statement (provide comment), OR Mark this box if the work was determined to be temporary employment based on a statement by the worker or the worker’s family (e.g. spouse) if the worker is unavailable (Explain in Comment Section ). Mark this box if the work was determined to be temporary employment based on a statement by the worker or the worker’s family (e.g. spouse) if the worker is unavailable (Explain in Comment Section ).

48 Required Data Sections Qualifying Move and Work Section b. employer’s statement (provide comment), OR –Mark this box if the work was determined to be temporary employment based on a statement by the employer or documentation obtained from the employer.

49 Required Data Sections Qualifying Move and Work Section c.  State documentation for _________ (employer) Mark this box upon verification that the State has current documentation to support that the work described in #5 is temporary employment for this particular employer. Mark this box upon verification that the State has current documentation to support that the work described in #5 is temporary employment for this particular employer. Employer. Identify the employer, whether it is the name of or code for a farmer, a grower, a business, or a corporation, where the worker either sought or obtained qualifying work. Employer. Identify the employer, whether it is the name of or code for a farmer, a grower, a business, or a corporation, where the worker either sought or obtained qualifying work.

50 Eligibility Scenario/Ruling Type of Work Temporary Employment – Worker’s Statement Temporary Employment – Worker’s Statement Ruling Scenario: Scenario: Mrs. Núñez and her family moved from Springhill, LA to Benton, LA on February 10, 2014, to clean horse stalls and mend fences. Mrs. Núñez stated that she would do this work for two months and then move to Amite City, LA to pick peppers. Are comments needed on the COE? Ruling: Ruling: Yes. Worker stated that she would be working on a temporary basis for two months. Comments are needed on the COE indicating the length of time employed.

51 Comments: Mrs. Núñez states she would be working for approximately two months cleaning horse stalls and mending fences and then leaving for Amite City to pick peppers. State how many months the worker plans on working for the employer. However, if the worker states that he/she has “no” time frame of how long his/her employment would be (indefinite) or indicates that it might be more than 12 months, then the employment would be considered full-time and NOT ELIGIBLE! Indefinitely Less than 12 months

52 Eligibility Scenario/Ruling Type of Work Temporary Employment – Employer’s Statement Temporary Employment – Employer’s Statement Ruling Scenario: Scenario: The Roberts family moved to Cutoff, LA from Many, LA on 08/10/2013. Mr. Roberts was hired by Smelly’s Fish House to process shrimp for 3 weeks. The supervisor at the Fish House needed only temporary workers for 2-3 weeks. Are comments needed on the COE? Ruling: Ruling: Yes. The employer hired Mr. Roberts on a temporary basis. Comments are needed on the COE indicating the length of time employed.

53 Eligibility Scenario/Ruling Type of Work Temporary Employment – Hired on a temporary basis but still working after 12 months Temporary Employment – Hired on a temporary basis but still working after 12 months Ruling Scenario: Scenario: On 06/15/2014, the Smith family qualified for the MEP when Mr. Jones was employed milking cows on a temporary basis (5 months). During the annual re-verification interview, the home liaison discovered that Mr. Jones is still employed milking cows full time for the same dairy. Are the children still eligible for the remaining two years of the MEP? Ruling: Ruling: Yes. The children are still eligible for the MEP until they end their eligibility.

54 IV. Comments Section Comments Section (must include 2bi, 4c, 5, 6a and 6b of the Qualifying Move and Work Section, if applicable). Comments Section (must include 2bi, 4c, 5, 6a and 6b of the Qualifying Move and Work Section, if applicable). –Allows the recruiter to provide additional information or details that clarify the reasons for recruiter’s eligibility determination –Comments should be written clearly and in detail –Information needs to be understood by an independent outside reviewer –Provide comments explaining items 2bi, 4c, 5, 6a, and 6b, if applicable

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56 Comments Section Comments Section (must include 2bi, 4c, 5, 6a and 6b of the Qualifying Move and Work Section, if applicable), including the following scenarios: Comments Section (must include 2bi, 4c, 5, 6a and 6b of the Qualifying Move and Work Section, if applicable), including the following scenarios: –The child’s move joined or preceded the worker’s move –The employment is temporary based on the worker’s statement or the employer’s statement –The child(ren) qualified on the basis of “personal subsistence” –The worker did not obtain qualifying employment as a result of the move

57 Additional Comments Section OME recommends that the recruiter provide additional comments on the COE in the following circumstances and in any other circumstances whereby a third party may question the eligibility determination: OME recommends that the recruiter provide additional comments on the COE in the following circumstances and in any other circumstances whereby a third party may question the eligibility determination: –The information on the COE needs additional explanation to be clearly understood by an independent outside reviewer. –The basis for the preliminary eligibility determination is not obvious. –The work could be part of a "series of activities" that, viewed together, would constitute year-round employment

58 Additional Comments Section (con’t) -The work may be viewed by an independent reviewer as either temporary or year-round employment -A "move" is of such brief duration or of such a short distance (or both) that one could question whether any migration has occurred (e.g., intra-city or intra-town move that is across school district boundaries). -A parent or guardian uses a symbol such as an “X” or other valid mark as a signature. -The person who provided the information on the COE form is not the worker.

59 Additional Comments Section (con’t) -The qualifying move corresponds to school breaks and could be viewed by some as a return from vacation or a move for personal reasons, not a move for economic necessity whereby the worker sought or obtained qualifying work. -The mailing address is different from the child’s physical residence; provide the mailing address as a comment. -The child(ren) and parent moved from different previous residences.

60 Gracias – Thank you!


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