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Basic Eligibility for the High School Equivalency Program (HEP) and College Assistance Migrant Program (CAMP). Nathan Weiss US Department of Education Office of Migrant Education HEP and CAMP Directors Meeting Washington, D.C. 14 July 2009. To Do, To Know and To Be. - PowerPoint PPT Presentation
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17 September 2009 1
Basic Eligibility for the
High School Equivalency Program (HEP) and
College Assistance Migrant Program (CAMP)
Nathan WeissUS Department of EducationOffice of Migrant Education
HEP and CAMP Directors MeetingWashington, D.C.
14 July 2009
Basic Eligibility
To Do, To Know and To Be
To know the basis of eligibility qualifications
To know the organization of qualifications from the laws and regulations
To be able to make accurate basic eligibility determinations for HEP and CAMP
To be able to screen for eligibility through MEP and WIA
To be an advocate for migrant students by properly identifying them
17 September 2009 Basic Eligibility 2
Organizational Overview of Eligibility
17 September 2009 Basic Eligibility 3
HEP418A(b)(1):Age, School Attendance, Work, MEP, WIA, Education Status
CAMP418A (c)(1)(A):Work, MEP, WIA, College or University Attendance
LAWTitle IV, Section 418A of the Higher
Education Act of 1965 as amended by section 408 of the Higher Education Opportunity Act P.L. 110-315 (H.R.
4137)
General HEP and CAMP participation eligibility: Work, MEP, WIA
Special HEP Qualifications:Education Status, School Attendance, Age, Need
Special CAMP Qualifications:IHE Admission, Not Beyond 1st Year in IHE, Need
Current REG
Program Definitions: Agricultural Activity, Farmwork, Full-time, IHE, Migrant Farmworker, Seasonal Farmworker
Proposed Regulations
Updated Regulations needed due to reauthorization of HEP/CAMP by Higher Education Opportunity Act.
Negotiated Rulemaking process to draft proposed regulatory language concluded in April of this year.
Key updates involve the definition of "immediate family member" and the introduction of language regarding prior experience points into the regulation.
Notice of Proposed Rulemaking should be out by the end of November, 2009.
17 September 2009 Basic Eligibility 4
Guidance in Development
Ongoing process of working towards issuing HEP/CAMP program guidance
Updated to reflect new statutory language, proposed regulations, and feedback from the sessions on guidance at the last two Directors Meetings
17 September 2009 Basic Eligibility 5
It’s about the WORK!
17 September 2009 Basic Eligibility 6
Migrant or Seasonal Farmworker—who primary employment was in farmwork on a temporary or seasonal basis and
In last 24 months has 75 days of
Farmwork—agricultural activity for wages or personal subsistence on a farm, ranch or similar establishment
Agricultural Activity—related to
production of
livestock
dairy products
crops
poultryharvesting of trees
cultivation of trees
fish farms
Migrant or Seasonal Farmworker—who primary employment was in farmwork on a temporary or seasonal basis and
It’s about the WORK!
17 September 2009 Basic Eligibility 7
In last 24 months has 75 days of
Farmwork—agricultural activity for wages or personal subsistence on a farm, ranch or similar establishment
Agricultural Activity—related to
production of
livestock
Dairy products
crops
poultryharvesting of trees
cultivation of trees
fish farms
Migrant or Seasonal Farmworker—who primary employment was in farmwork on a temporary or seasonal basis and
It’s about the WORK!
17 September 2009 Basic Eligibility 8
In last 24 months has 75 days of
Farmwork—agricultural activity for wages or personal subsistence on a farm, ranch or similar establishment
Agricultural Activity—related to
production of
livestock
Dairy products
crops
poultryharvesting of trees
cultivation of trees
fish farms
Words to Live By!
17 September 2009 Basic Eligibility 9
34 CFR §206.3 Who is eligible to participate in a project?
(a)General. To be eligible to participate in a HEP or CAMP project—
(1) A person, or his or her immediate family member, must have spent a minimum of 75 days during the past 24 months as a migrant or seasonal farmworker; or
(2) The person must have participated (with respect to HEP within the last 24 months), or be eligible to participate, in programs under 34 CFR part 200, Subpart C (Title I --Migrant Education Program) or 20 CFR part 633 (Employment and Training Administration, Department of Labor--Migrant and Seasonal Farmworker Programs).
17 September 2009 Basic Eligibility 10
• Immediate family member means one or more of the following:(i) A spouse.(ii) A parent, step-parent, adoptive parent, foster parent,
or anyone with guardianship.(iii) Any person who-- (A) Claims the individual as a dependent on a Federal
income tax return for either of the previous two years, or(B) Resides in the same household as the individual,
supports that individual financially, and is a relative of that individual.
Proposed Definition of “immediate family
member”
Definitions
17 September 2009 Basic Eligibility 11
• Seasonal farmworker means a person who, within the past 24 months, was employed for at least 75 days in farmworkwas employed for at least 75 days in farmwork, and whose primary employment was in farmwork on a temporary or seasonal basis (that is, not a constant year-round activity).
• Migrant farmworker means a seasonal farmworker—as defined in paragraph (c)(7) of this section—whose employment required travel that precluded the farmworker from returning to his or her domicile (permanent place of residence) within the same day.
Definitions
17 September 2009 Basic Eligibility 12
• Farmwork means any agricultural activityagricultural activity, performed for either wages or personal subsistence, on a farm, ranch, or similar establishment.
• Agricultural activity means:(i) Any activity directly related to the production of crops, dairy products, poultry, or livestock;(ii) Any activity directly related to the cultivation or harvesting of trees; or(iii) Any activity directly related to fish farms.
Other Definitions
17 September 2009 Basic Eligibility 13
• MEP Non-Regulatory Guidance can be found at:
http://www.ed.gov/programs/mep/legislation.html
Includes definitions of relevant terms such as personal subsistence and fish farm.
Production …
17 September 2009 Basic Eligibility 14
Agricultural production includes work on farms, ranches, dairies, orchards, nurseries, and
greenhouses engaged in the production of crops, plants, or vines and the keeping, grazing, or feeding of livestock or livestock products for sale. The term also includes the production of bulbs, flower seeds, vegetable seeds, and specialty operations such as sod farms, mushroom cellars, and cranberry bogs
(MEP Draft Non-Regulatory Guidance 2003, p. 20).
Versus…
Processing
17 September 2009 Basic Eligibility 15
The term “processing” means working with a raw agricultural or fishing product and transforming it into a more refined product.
According to the U.S. Department of Agriculture, processing includes: cooking, baking, curing, heating, drying, mixing, grinding, churning, separating, extracting, slaughtering, cutting, fermenting, distilling, eviscerating, preserving, dehydrating, freezing, chilling, packaging, canning, jarring, or otherwise enclosing food in a container. OME adopts this definition as those activities that are directly related to processing.
(MEP Draft Non-Regulatory Guidance 2003, p. 21).
Components of Qualifying WORK
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment
Primary
Temporary/Seasonal
17 September 2009 Basic Eligibility 16
HEP Eligibility Factors
17 September 2009 Basic Eligibility 17
The Law: Higher Education Act of 1965 – Section 418AAs amended by section 408 of P.L. 110-____ (H.R. 4137)
The Regulations: General HEP participation eligibility; Special HEP Qualifications; Program Definitions
Is/Does the possible participant:
A. 16 years old or beyond the state’s compulsory age?
B. not enrolled in school?
C. not have a high school diploma or equivalent?
D. have qualifying WORK? Or have an immediate family member with qualifying WORK?
E. need, as determined by the grantee, the academic and supporting services and financial assistance provided by the project to gain employment or be placed in an IHE or other postsecondary education or training?
Age
School Enrollment
School Completion
Qualifying Work
Need
CAMP Eligibility Factors
17 September 2009 Basic Eligibility 18
The Law: Higher Education Act of 1965 – Section 418AAs amended by section 408 of P.L. 110-____ (H.R. 4137)
Section 401(a) and (b); and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (also knows as the Welfare Reform Act)
The Regulations: General HEP participation eligibility; Special HEP Qualifications; Program Definitions
Is/Does the possible participant:
A. able to be enrolled or admitted for enrollment as a full-time student at the participating IHE?
B. Have at least a “qualified alien” status?
C. not beyond the first academic year of a program of study at the IHE, as determined by the standards of the IHE?
D. have qualifying WORK? Or have an immediate family member with qualifying WORK?
E. need, as determined by the grantee, the academic and supporting services and financial assistance provided by the project in order to complete an academic program of study at the IHE?
IHE Admission
First-year
Qualifying Work
Need
Status
But what about MEP and WIA?
Referrals MEP or WIA programs
may refer possible participants to your HEP or CAMP.
It is still the project’s responsibility to have accurate documentation of all pertinent eligibility requirements.
Identification If, after rudimentary screening,
the person might qualify for the project through MEP or WIA, then you should contact your local area representative for that program.
That program makes a determination or otherwise documents eligibility.
17 September 2009 Basic Eligibility 19
HEP and CAMPs must have documentation to ensure eligibility for the services of the
project.
Screening for MEP
Is the possible participant 22 years old or younger?
Does the possible participant do agricultural or fishing work that may be temporary or seasonal? Do they have a family member who does?
Has the possible participant moved in the last three years because of the work mentioned above?
17 September 2009 Basic Eligibility 20
Screening for WIA
Does the possible participant have qualifying work as a migrant or seasonal farmworker under the WIA definitions?
Is the possible participant a citizen, national, permanent resident alien, a refugee, an asylee, etc. of the U.S.?
Is the possible participant disadvantaged according to WIA definitions?
17 September 2009 Basic Eligibility 21
Document, Document, Document
An accurate eligibility determination does not mean anything unless you can demonstrate
how the determination was made!
For 75 days in 24 months eligibility, projects should
develop a form to record this information. For MEP and WIA, projects are encouraged to maintain
documentation from those programs with the pertinent eligibility information (e.g. COE for MEP eligiblity).
Projects should have internal quality control procedures for eligibility verification as well.
17 September 2009 Basic Eligibility 22
What do I need to know about a possible participant for eligibility?
17 September 2009 Basic Eligibility 23
Has a son that is picking green beans.
Acabar de cambiarse de
Harlingen.
Drives an old car.
Drives a tomato truck.
Wants to be the first in the family to go to
college.
Wants to get GED.
Mom picked sugar beets in Montana.
Graduarse de preparatoria en
Mexico.
On disability.
Has a son who’s 9
years old.
Worked on a
chicken ranch.
Has a spouse that is picking
green beans.
Acabar de cambiarse de
Harlingen.
Mom picked sugar beets in Montana.
Wants to get GED.
Drives a tomato truck.
Wants to be the first in the family to go to
college.
Graduarse de preparatoria en
Mexico.Worked
on a chicken ranch.
What do I need to know about a possible participant for eligibility?
17 September 2009 Basic Eligibility 24
Has a spouse that is picking
green beans.
Acabar de cambiarse de
Harlingen.
Mom picked sugar beets in Montana.
Wants to get GED.
Drives a tomato truck.
Wants to be the first in the family to go to
college.
Graduarse de preparatoria en
Mexico.Worked
on a chicken ranch.
Migrant Farmworker
Production of crops
Immediate Family
School Completion
Immediate Family
Production of poultry
School Completion
School Completion
Putting it all together
17 September 2009 Basic Eligibility 25
Has a spouse that is picking
green beans.
Is this work
seasonal or
temporary?
Has the spouse done it for at least 75 days in the last 24 months?
Is th
e pa
rticip
ant
beyo
nd th
e ag
e of
16
or
your
stat
e’s co
mpu
lsory
age
of a
ttend
ance
Does the spouse need
the services of the project?
Eligibility Concerns
HEP CAMP
17 September 2009 Basic Eligibility 26
Age
School Enrollment
School Completion
Qualifying Work
Need
IHE Admission
First-year
Qualifying Work
Need
Status
CAMP Scenario #1Ruben, 18, just graduated from Hillcrest High
School and plans to attend the local state university. His father is a long-haul trucker for Tyson foods and his mom works full-time in the office of a local landscaper. Now that Ruben is out of school, he sometimes joins his dad on cross-country hauls. He is interested in getting his degree in Marine Biology.
Assuming all other eligibility factors are met, is he eligible for CAMP?
17 September 2009 Basic Eligibility 27
17 September 2009 Basic Eligibility 28
CAMP Scenario #1 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
No
------
Wages
No
IHE Admission
Status
First-year
Need
----
----
HSD, Age,
Has not attended college
Determined in Need by Grantee
X
X
X
X
X
X
X
NOT ELIGIBLE
Assume Status
HEP Scenario #2
Omar came from Coahuila, Mexico to Green Forrest, Arkansas to plant new tree seedlings for the season on a farm; he is 14 and his brother, who accompanied him, is 17. They have been working there about four months. Neither one has finished secundaria in Mexico. Most of the money they earn, they send money home to their family.
Assuming all other eligibility factors are met, is Omar eligible for HEP?
17 September 2009 Basic Eligibility 29
17 September 2009 Basic Eligibility 30
HEP Scenario #2 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
No other work
Planting seedlings
Wages
Seasonal
Age School
Enrollment School
Completion Need
Farm
Four months in last year
14
Compulsory AgeNo HSD/GED
Determined in Need by Grantee
X
X
NOT ELIGIBLE
HEP Scenario #3
Omar came from Coahuila, Mexico to Green Forrest, Arkansas to plant new tree seedlings for the season on a farm; he is 14 and his brother, who accompanied him, is 17. They have been working there about four months. Neither one has finished secundaria in Mexico. Most of the money they earn, they send home to their family.
Assuming all other all other eligibility factors are met, is Omar eligible for HEP?
17 September 2009 Basic Eligibility 31
Assuming all other eligibility factors are met, is Omar’s brother eligible for HEP?
17 September 2009 Basic Eligibility 32
HEP Scenario #3 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
No other work
Planting seedlings
Wages
Seasonal
Age School
Enrollment School
Completion Need
Farm
Four months in last year
17Beyond Compulsory Age
No HSD/GED
Determined in Need by Grantee
HEPEligible
CAMP Scenario #4
Adelia, 24, quit working last year as a part-time childcare provider to pick up work as an employee harvesting green beans during the season at a local farm that provides them to Gerber; she worked there for about four months. She got her GED and her U.S. citizenship two years ago and would like to go to college, but she doesn’t understand all the financing involved. Her husband still works in fields, but she had to quit to take care of her new infant son.
Assuming all other eligibility factors are met, is she eligible for CAMP?
17 September 2009 Basic Eligibility 33
17 September 2009 Basic Eligibility 34
CAMP Scenario #4 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
No other work
Harvesting green beans
Wages
Seasonal
IHE Admission
Status
First-year
Need
Farm
Four months in last year
GED, Age, Status
Has not attended college
Determined in Need by Grantee
CAMPEligible
Status
HEP Scenario #5
Maykao, an emancipated youth, 17, with no GED or H.S. Diploma moved two weeks ago from Texas to Missouri to work on a crew in the apple harvest; this is his first and only job. He has never done any other seasonal or migrant farmwork.
Assuming all other eligibility factors are met, is he eligible for HEP?
17 September 2009 Basic Eligibility 35
17 September 2009 Basic Eligibility 36
HEP Scenario #5 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
Yes
Harvesting apples
Wages
Seasonal
Age School
Enrollment School
Completion Need
Orchard
Two weeks
19Beyond Compulsory Age
No HSD/GED
Determined in Need by Grantee
X
X
NOT ELIGIBLE
CAMP Scenario #6Carlos, 23, a high school graduate and
permanent resident, moved from Michigan to Florida so he could work for wages in an orange grove for the harvest; he has been working for eighty days. Carlos had started college in Michigan and was a few courses away from finishing his Associates degree. He would like to go back to school and is interested in getting his degree in Business.
Assuming all other eligibility factors are met, is he eligible for CAMP?
17 September 2009 Basic Eligibility 37
17 September 2009 Basic Eligibility 38
CAMP Scenario #6 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
No
Harvesting oranges
Wages
No
IHE Admission
Status
First-year
Need
Orange Grove
Eighty days
HSD, Age
Has completed more than first year
Determined in Need by Grantee
X
NOT ELIGIBLE
Status
HEP Scenario #7
Juan, 27, a native of California, moved to Ohio five months ago and started a job feeding cattle at a ranch. The job will only last 1 more week. He hasn’t found a place to live yet or any other work, so he has been living in his car. He didn’t finish high school in California, but would like to go into the military.
Assuming all other eligibility factors are met, is he eligible for HEP?
17 September 2009 Basic Eligibility 39
17 September 2009 Basic Eligibility 40
HEP Scenario #7 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
No other work
Feeding Cattle
Wages
Temporary
Age School
Enrollment School
Completion Need
Ranch
Five months in last year
27
Above Age
No HSD/GED
Determined in Need by Grantee
HEPEligible
CAMP Scenario #8Callie, 19, a native of Iowa, just graduated
from high school and plans to attend the local community college in the fall. Her dad was on vacation volunteering for a month helping on his brother’s Christmas trees farm; he will return in a week to work in construction.
Assuming all other eligibility factors are met, is she eligible for CAMP?
17 September 2009 Basic Eligibility 41
17 September 2009 Basic Eligibility 42
CAMP Scenario #8 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
No
Harvesting Christmas Trees
Volunteering
Seasonal
X
IHE Admission
Status
First-year
Need
Farm
One month, recently
HSD, Age
Has not attended college
Determined in Need by Grantee
X
XX
X
NOT ELIGIBLE
Status
HEP Scenario #9
Matak, 27, a Sudanese refugee, lived in Nebraska, but moved to Pennsylvania for a job driving a truck on a mushroom farm four months ago; he plans to return to Nebraska in the next month or so to pick-up seasonal work on a ranch. His English is pretty good, but he doesn’t have a H.S.D. or a GED.
Assuming all other eligibility factors are met, is he eligible for HEP?
17 September 2009 Basic Eligibility 43
17 September 2009 Basic Eligibility 44
HEP Scenario #9 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
Yes
Production of mushrooms
Wages
Seasonal
Age School
Enrollment School
Completion Need
Farm
Four months in last year
27
Above Age
No HSD/GED
Determined in Need by Grantee
HEPEligible
CAMP Scenario #10
Juan Ortega has had a long history of moving from Arizona to Michigan and back. Mr. Ortega works at least 100 days for wages harvesting various crops during the spring, summer, and fall. This year, on his annual migration, Mr. Ortega brings with him his 19-year old son, born in Michigan, who just finished his GED. Mr. Ortega just returned from his annual migration to continue his other temporary job in construction.
Assuming all other eligibility factors are met, is the son eligible for CAMP?
17 September 2009 Basic Eligibility 45
17 September 2009 Basic Eligibility 46
CAMP Scenario #10 Discussion
Agricultural Activity
Wages/Personal Subsistence
Place
Duration (75/24)
Employment Primary
Temporary/Seasonal
WORK
Yes
Harvesting crops
Wages
Yes
IHE Admission
Status
First-year
Need
Farm
Over 100 days
GED, Age,
Status
Has not attended college
CAMPEligible
Grantee has determined need
17 September 2009 Basic Eligibility 47
Sending OME Questionsand Scenarios
We are happy to look at scenarios or address
eligibility questions; however:
1. Make sure you have firstgone through your project’ schain-of-command to attempt toresolve the issue on your own.
2. In correspondence with us, please include all pertinent eligibility information.
3. Send the question to your program officer.
17 September 2009 Basic Eligibility 48
Contact Information
Nathan Weiss
Office of Migrant Education
400 Maryland SW
#3E321
Washington, DC 20202
17 September 2009 Basic Eligibility 49