MEP Regs CFR

§ 200.80

34 CFR Ch. II (7–1–10 Edition)

Subpart B—Even Start Family
Literacy Program
§ 200.80 Migrant Education Even Start
Program definition.
Eligible participants under the Migrant Education Even Start Program
(MEES) must meet the definitions of a
migratory child, a migratory agricultural worker, or a migratory fisher in
§ 200.81.
(Authority: 20 U.S.C. 6381a and 20 U.S.C. 6399)
[67 FR 71736, Dec. 2, 2002]

Subpart C—Migrant Education
Program

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SOURCE: 67 FR 71736, Dec. 2, 2002, unless
otherwise noted.

§ 200.81 Program definitions.
The following definitions apply to
programs and projects operated under
subpart C of this part:
(a) Agricultural work means the production or initial processing of crops,
dairy products, poultry, or livestock,
as well as the cultivation or harvesting
of trees. It consists of work performed
for wages or personal subsistence.
(b) Fishing work means the catching
or initial processing of fish or shellfish
or the raising or harvesting of fish or
shellfish at fish farms. It consists of
work performed for wages or personal
subsistence.
(c) In order to obtain, when used to describe why a worker moved, means
that one of the purposes of the move is
to seek or obtain qualifying work.
(1) If a worker states that a purpose
of the move was to seek any type of
employment, i.e., the worker moved
with no specific intent to find work in
a particular job, the worker is deemed
to have moved with a purpose of obtaining qualifying work if the worker
obtains qualifying work soon after the
move.
(2) Notwithstanding the introductory
text of this paragraph (c), a worker
who did not obtain qualifying work
soon after a move may be considered to
have moved in order to obtain qualifying work only if the worker states
that at least one purpose of the move
was specifically to seek the qualifying
work, and—

(i) The worker is found to have a
prior history of moves to obtain qualifying work; or
(ii) There is other credible evidence
that the worker actively sought qualifying work soon after the move but, for
reasons beyond the worker’s control,
the work was not available.
(d) Migratory agricultural worker
means a person who, in the preceding
36 months, has moved, as defined in
paragraph (g), from one school district
to another, or from one administrative
area to another within a State that is
comprised of a single school district, in
order to obtain temporary employment
or seasonal employment in agricultural work, including dairy work.
(e) Migratory child means a child—
(1) Who is a migratory agricultural
worker or a migratory fisher; or
(2) Who, in the preceding 36 months,
in order to accompany or join a parent,
spouse, or guardian who is a migratory
agricultural worker or a migratory
fisher—
(i) Has moved from one school district to another;
(ii) In a State that is comprised of a
single school district, has moved from
one administrative area to another
within such district; or
(iii) As the child of a migratory fisher, resides in a school district of more
than 15,000 square miles, and migrates
a distance of 20 miles or more to a temporary residence.
(f) Migratory fisher means a person
who, in the preceding 36 months, has
moved, as defined in paragraph (g),
from one school district to another, or
from one administrative area to another within a State that is comprised
of a single school district, in order to
obtain temporary employment or seasonal employment in fishing work.
This definition also includes a person
who, in the preceding 36 months, resided in a school district of more than
15,000 square miles and moved, as defined in paragraph (g), a distance of 20
miles or more to a temporary residence
in order to obtain temporary employment or seasonal employment in fishing work.
(g) Move or Moved means a change
from one residence to another residence that occurs due to economic necessity.

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Ofc. of Elem. & Secondary Ed., Education
(h) Personal subsistence means that
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.
(i) Qualifying work means temporary
employment or seasonal employment
in agricultural work or fishing work.
(j) Seasonal employment means employment that 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.
(k) Temporary employment means employment that lasts for a limited period of time, usually a few months, but
no longer than 12 months. It typically
includes employment where the employer states that the worker was hired
for a limited time frame; the worker
states that the worker does not intend
to remain in that employment indefinitely; or the SEA has determined on
some other reasonable basis that the
employment is temporary. The definition includes employment that is constant and available year-round only if,
within 18 months after the effective
date of this regulation and at least
once every three years thereafter, the
SEA documents that, given the nature
of the work, of those workers whose
children were previously determined to
be eligible based on the State’s prior
determination of the temporary nature
of such employment (or the children
themselves if they are the workers),
virtually no workers remained employed by the same employer more
than 12 months.
(Authority: 20 U.S.C. 6391–6399, 6571)
[73 FR 44123, July 29, 2008]

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§ 200.82 Use of program funds
unique program function costs.

for

An SEA may use the funds available
from its State Migrant Education Program (MEP) to carry out other administrative activities, beyond those allowable under § 200.100(b)(4), that are
unique to the MEP, including those
that are the same or similar to administrative activities performed by LEAs
in the State under subpart A of this

§ 200.83

part. These activities include but are
not limited to—
(a) Statewide identification and recruitment of eligible migratory children;
(b) Interstate and intrastate coordination of the State MEP and its local
projects with other relevant programs
and local projects in the State and in
other States;
(c) Procedures for providing for educational continuity for migratory children through the timely transfer of
educational and health records, beyond
that required generally by State and
local agencies;
(d) Collecting and using information
for accurate distribution of subgrant
funds;
(e) Development of a statewide needs
assessment and a comprehensive State
plan for MEP service delivery;
(f) Supervision of instructional and
support staff;
(g) Establishment and implementation of a State parent advisory council;
and
(h) Conducting an evaluation of the
effectiveness of the State MEP.
(Authority: 20 U.S.C. 6392, 6571)
[67 FR 71736, Dec. 2, 2002; 68 FR 19152, Apr. 18,
2003]

§ 200.83 Responsibilities of SEAs to implement projects through a comprehensive needs assessment and a
comprehensive State plan for service delivery.
(a) An SEA that receives a grant of
MEP funds must develop and update a
written comprehensive State plan
(based on a current statewide needs assessment that, at a minimum, has the
following components:
(1) Performance targets. The plan must
specify—
(i) Performance targets that the
State has adopted for all children in
reading and mathematics achievement,
high school graduation, and the number of school dropouts, as well as the
State’s performance targets, if any, for
school readiness; and
(ii) Any other performance targets
that the State has identified for migratory children.
(2) Needs assessment. The plan must
include an identification and assessment of—

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§ 200.84

34 CFR Ch. II (7–1–10 Edition)

(i) The unique educational needs of
migratory children that result from
the children’s migratory lifestyle; and
(ii) Other needs of migratory students that must be met in order for migratory children to participate effectively in school.
(3) Measurable program outcomes. The
plan must include the measurable program outcomes (i.e., objectives) that a
State’s migrant education program
will produce to meet the identified
unique needs of migratory children and
help migratory children achieve the
State’s performance targets identified
in paragraph (a)(1) of this section.
(4) Service delivery. The plan must describe the strategies that the SEA will
pursue on a statewide basis to achieve
the measurable program outcomes in
paragraph (a)(3) of this section by addressing—
(i) The unique educational needs of
migratory children consistent with
paragraph (a)(2)(i) of this section; and
(ii) Other needs of migratory children
consistent with paragraph (a)(2)(ii) of
this section.
(5) Evaluation. The plan must describe how the State will evaluate the
effectiveness of its program.
(b) The SEA must develop its comprehensive State plan in consultation
with the State parent advisory council
or, for SEAs not operating programs
for one school year in duration, in consultation with the parents of migratory children. This consultation must
be in a format and language that the
parents understand.
(c) Each SEA receiving MEP funds
must ensure that its local operating
agencies comply with the comprehensive State plan.
(Approved by the Office of Management and
Budget under control number 1810–0662)
(Authority: 20 U.S.C. 6396)
[67 FR 71736, Dec. 2, 2002, as amended at 68
FR 19152, Apr. 18, 2003; 73 FR 44124, July 29,
2008]

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EFFECTIVE DATE NOTE: At 73 FR 44124, July
29, 2008, § 200.83 was amended. This section
contains information collection and recordkeeping requirements and will not become

effective until approval has been given by
the Office of Management and Budget.

§ 200.84 Responsibilities of SEAs for
evaluating the effectiveness of the
MEP.
Each SEA must determine the effectiveness of its program through a written evaluation that measures the implementation and results achieved by
the program against the State’s performance targets in § 200.83(a)(1), particularly for those students who have
priority for service as defined in section 1304(d) of the ESEA.
(Approved by the Office of Management and
Budget under control number 1810–0662)
(Authority: 20 U.S.C. 6394)
[67 FR 71736, Dec. 2, 2002; 68 FR 19152, Apr. 18,
2003]

§ 200.85 Responsibilities of SEAs and
operating agencies for improving
services to migratory children.
While the specific school improvement requirements of section 1116 of
the ESEA do not apply to the MEP,
SEAs and local operating agencies receiving MEP funds must use the results
of the evaluation carried out under
§ 200.84 to improve the services provided
to migratory children.
(Authority: 20 U.S.C. 6394)

§ 200.86 Use
of
MEP
schoolwide projects.

funds

Funds available under part C of Title
I of the ESEA may be used in a
schoolwide program subject to the requirements of § 200.29(c)(1).
(Authority: 20 U.S.C. 6396)
[67 FR 71736, Dec. 2, 2002; 68 FR 19152, Apr. 18,
2003]

§ 200.87 Responsibilities for participation of children in private schools.
An SEA and its operating agencies
must conduct programs and projects
under subpart C of this part in a manner consistent with the basic requirements of section 9501 of the ESEA.
(Authority: 20 U.S.C. 6394)

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Ofc. of Elem. & Secondary Ed., Education
§ 200.88 Exclusion
of
supplemental
State and local funds from supplement, not supplant and comparability determinations.
(a) For purposes of determining compliance with the comparability requirement in section 1120A(c) and the supplement, not supplant requirement in
section 1120A(b) of the ESEA, a grantee
or subgrantee under part C of Title I
may exclude supplemental State and
local funds expended in any school attendance area or school for carrying
out special programs that meet the intent and purposes of part C of Title I.
(b) Before funds for a State and local
program may be excluded for purposes
of these requirements, the SEA must
make an advance written determination that the program meets the intent
and purposes of part C of Title I.
(c) A program meets the intent and
purposes of part C of Title I if it meets
the following requirements:
(1) The program is specifically designed to meet the unique educational
needs of migratory children, as defined
in section 1309 of the ESEA.
(2) The program is based on performance targets related to educational
achievement that are similar to those
used in programs funded under part C
of Title I of the ESEA, and is evaluated
in a manner consistent with those program targets.
(3) The grantee or subgrantee keeps,
and provides access to, records that ensure the correctness and verification of
these requirements.
(4) The grantee monitors program
performance to ensure that these requirements are met.
(Approved by the Office of Management and
Budget under control number 1810–0662)
(Authority 20 U.S.C. 6321(d))

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[67 FR 71736, Dec. 2, 2002; 68 FR 19152, Apr. 18,
2003]

§ 200.89 MEP
allocations;
Re-interviewing; Eligibility documentation;
and Quality control.
(a) Allocation of funds under the MEP
for fiscal year (FY) 2006 and subsequent
years. (1) For purposes of calculating
the size of MEP allocations for each
SEA for FY 2006 and subsequent years
(as well as for supplemental MEP allocations for FY 2005), the Secretary de-

§ 200.89

termines each SEA’s FY 2002 base allocation amount under section 1303(a)(2)
and (b) of the Act by applying, to the
counts of eligible migratory children
that the SEA submitted for 2000–2001,
the defect rate that the SEA reports to
the Secretary and that the Secretary
accepts based on a statewide retrospective re-interviewing process that the
SEA has conducted.
(2)(i) The Secretary conditions an
SEA’s receipt of final FY 2007 and subsequent-year MEP awards on the SEA’s
completion of a thorough re-documentation of the eligibility of all children (and the removal of all ineligible
children) included in the State’s 2007–
2008 MEP child counts.
(ii) To carry out this re-documentation, an SEA must examine its rolls of
all currently identified migratory children and remove from the rolls all children it judges to be ineligible based on
the types of problems identified in its
statewide retrospective re-interviewing
as causing defective eligibility determinations.
(b) Responsibilities of SEAs for re-interviewing to ensure the eligibility of children under the MEP—(1) Retrospective reinterviewing. (i) As a condition for the
continued receipt of MEP funds in FY
2006 and subsequent years, an SEA that
received such funds in FY 2005 but did
not implement a statewide re-interviewing process prior to the enactment
of this regulation, as well as an SEA
with a defect rate that is not accepted
by the Secretary under paragraph (a)(1)
of this section, or an SEA under a corrective action issued by the Secretary
under paragraph (b)(2)(vii) or (d)(7) of
this section, must, within six months
of the effective date of these regulations or as subsequently required by
the Secretary,—
(A) Conduct a statewide re-interviewing process consistent with paragraph (b)(1)(ii) of this section; and
(B)
Consistent
with
paragraph
(b)(1)(iii) of this section, report to the
Secretary on the procedures it has employed, its findings, its defect rate, and
corrective actions it has taken or will
take to avoid a recurrence of any problems found.
(ii) At a minimum, the re-interviewing process must include—

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§ 200.89

34 CFR Ch. II (7–1–10 Edition)

(A) Selection of a sample of identified migratory children (from the child
counts of a particular year as directed
by the Secretary) randomly selected on
a statewide basis to allow the State to
estimate the statewide proportion of
eligible migratory children at a 95 percent confidence level with a confidence
interval of plus or minus 5 percent.
(B) Use of independent re-interviewers (i.e., interviewers who are neither SEA or local operating agency
staff members working to administer
or operate the State MEP nor any
other persons who worked on the initial eligibility determinations being
tested) trained to conduct personal
interviews and to understand and apply
program eligibility requirements; and
(C) Calculation of a defect rate based
on the number of sampled children determined ineligible as a percentage of
those sampled children whose parent/
guardian was actually re-interviewed.
(iii) At a minimum, the report must
include—
(A) An explanation of the sample and
procedures used in the SEA’s re-interviewing process;
(B) The findings of the re-interviewing process, including the determined defect rate;
(C) An acknowledgement that, consistent with § 200.89(a), the Secretary
may adjust the child counts for 2000–
2001 and subsequent years downward
based on the defect rate that the Secretary accepts;
(D) A summary of the types of defective eligibility determinations that the
SEA identified through the re-interviewing process;
(E) A summary of the reasons why
each type of defective eligibility determination occurred; and
(F) A summary of the corrective actions the SEA will take to address the
identified problems.
(2) Prospective re-interviewing. As part
of the system of quality controls identified in § 200.89(d), an SEA that receives MEP funds must, on an annual
basis, validate current-year child eligibility determinations through the reinterview of a randomly selected sample of children previously identified as
migratory. In conducting these reinterviews, an SEA must—

(i) Use, at least once every three
years, one or more independent interviewers (i.e., interviewers who are neither SEA or local operating agency
staff members working to administer
or operate the State MEP nor any
other persons who worked on the initial eligibility determinations being
tested) trained to conduct personal
interviews and to understand and apply
program eligibility requirements;
(ii) Select a random sample of identified migratory children so that a sufficient number of eligibility determinations in the current year are tested on
a statewide basis or within categories
associated with identified risk factors
(e.g., experience of recruiters, size or
growth in local migratory child population, effectiveness of local quality
control procedures) in order to help
identify possible problems with the
State’s child eligibility determinations;
(iii) Conduct re-interviews with the
parents or guardians of the children in
the sample. States must use a face-toface approach to conduct these reinterviews unless circumstances make
face-to-face re-interviews impractical
and necessitate the use of an alternative method such as telephone reinterviewing;
(iv) Determine and document in writing whether the child eligibility determination and the information on which
the determination was based were true
and correct;
(v) Stop serving any children found
not to be eligible and remove them
from the data base used to compile
counts of eligible children;
(vi) Certify and report to the Department the results of re-interviewing in
the SEA’s annual report of the number
of migratory children in the State required by the Secretary; and
(vii) Implement corrective actions or
improvements to address the problems
identified by the State (including the
identification and removal of other ineligible children in the total population), and any corrective actions, including retrospective re-interviewing,
required by the Secretary.
(c) Responsibilities of SEAs to document
the eligibility of migratory children. (1)
An SEA and its operating agencies
must use the Certificate of Eligibility

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Ofc. of Elem. & Secondary Ed., Education
(COE) form established by the Secretary to document the State’s determination of the eligibility of migratory children.
(2) In addition to the form required
under paragraph (a) of this section, the
SEA and its operating agencies must
maintain any additional documentation the SEA requires to confirm that
each child found eligible for this program meets all of the eligibility definitions in § 200.81.
(3) An SEA is responsible for the accuracy of all the determinations of the
eligibility of migratory children identified in the State.
(d) Responsibilities of an SEA to establish and implement a system of quality
controls for the proper identification and
recruitment of eligible migratory children.
An SEA must establish and implement
a system of quality controls for the
proper identification and recruitment
of eligible migratory children on a
statewide basis. At a minimum, this
system of quality controls must include the following components:
(1) Training to ensure that recruiters
and all other staff involved in determining eligibility and in conducting
quality control procedures know the
requirements for accurately determining and documenting child eligibility under the MEP.
(2) Supervision and annual review
and evaluation of the identification
and recruitment practices of individual
recruiters.
(3) A formal process for resolving eligibility questions raised by recruiters
and their supervisors and for ensuring
that this information is communicated
to all local operating agencies.
(4) An examination by qualified individuals at the SEA or local operating
agency level of each COE to verify that
the written documentation is sufficient
and that, based on the recorded data,
the child is eligible for MEP services.
(5) A process for the SEA to validate
that eligibility determinations were
properly made, including conducting
prospective re-interviewing as described in paragraph (b)(2).
(6) Documentation that supports the
SEA’s implementation of this qualitycontrol system and of a record of actions taken to improve the system

§ 200.90

where periodic reviews and evaluations
indicate a need to do so.
(7) A process for implementing corrective action if the SEA finds COEs
that do not sufficiently document a
child’s eligibility for the MEP, or in response to internal State audit findings
and recommendations, or monitoring
or audit findings of the Secretary.
AUTHORITY: 20 U.S.C. 6391–6399, 6571, 7844(d);
18 U.S.C. 1001.
[73 FR 44124, July 29, 2008]
EFFECTIVE DATE NOTE: At 73 FR 44124, July
29, 2008, § 200.89 was added. This section contains information collection and recordkeeping requirements and will not become
effective until approval has been given by
the Office of Management and Budget.

Subpart D—Prevention and Intervention Programs for Children
and Youth Who are Neglected, Delinquent, or AtRisk of Dropping Out
SOURCE: 67 FR 71736, Dec. 2, 2002, unless
otherwise noted.

§ 200.90

Program definitions.

(a) The following definitions apply to
the programs authorized in part D, subparts 1 and 2 of Title I of the ESEA:
Children and youth means the same as
‘‘children’’ as that term is defined in
§ 200.103(a).
(b) The following definitions apply to
the programs authorized in part D, subpart 1 of Title I of the ESEA:
Institution for delinquent children and
youth means, as determined by the
SEA, a public or private residential facility that is operated primarily for the
care of children and youth who—
(1) Have been adjudicated to be delinquent or in need of supervision; and
(2) Have had an average length of
stay in the institution of at least 30
days.
Institution for neglected children and
youth means, as determined by the
SEA, a public or private residential facility, other than a foster home, that is
operated primarily for the care of children and youth who—
(1) Have been committed to the institution or voluntarily placed in the institution under applicable State law

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