Understanding the Migratory Worker Education Program

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This content provides valuable information on the Migratory Worker Education Program, including the federal guidance and definitions of terms related to migratory workers. It covers essential terms such as agricultural work, actively sought employment, recent history of moves, and more. The program aims to support workers who engage in agricultural activities for wages or personal subsistence, emphasizing economic necessity and the need for qualifying moves. Explore this resource to gain insights into the criteria and requirements for migrant workers in the education program.


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  1. Migratory Worker Migrant Education Program

  2. Agenda Federal Guidance Definition of Terms Federal Definition of a Migratory Worker Engaged Worker Non-Engaged Worker Actively Sought Recent History of Moves Qualifying Move Due to economic necessity Keep in Mind Tidbits Quiz

  3. Definition of Terms Term Definition Agricultural Work The production or initial processing of crops, dairy products, poultry, or livestock: as well as the cultivation or harvesting of trees, that is performed for wages or personal subsistence Actively Sought May occur before or after the qualifying move; must occur soon after the move (60 days) Economic Necessity The child and the worker move because they could not afford to stay in the current location Engaged The worker has their hands on the product; has started performing the qualifying work* Recent History of Moves Must be within 36 month of the recruiter s interview; history of 2 moves that resulted in qualifying work Seasonal Work Occurs only during a certain period of the year that is bound by cycles of nature. It is not continuous throughout the year Soon After Within 60 days of the qualifying move* Temporary Work The worker is employed for less than 12 months To Join When the child and worker move at different times; The worker and child must come together within 12 months

  4. Definition of Terms Term Definition Agricultural Work The production or initial processing of crops, dairy products, poultry, or livestock: as well as the cultivation or harvesting of trees, that is performed for wages or personal subsistence Actively Sought May occur before or after the qualifying move; must occur soon after the move (60 days) Economic Necessity The child and the worker move because they could not afford to stay in the current location Engaged The worker has their hands on the product; has started performing the qualifying work* Recent History of Moves Must be within 36 month of the recruiter s interview; history of 2 moves that resulted in qualifying work Seasonal Work Occurs only during a certain period of the year that is bound by cycles of nature. It is not continuous throughout the year Soon After Within 60 days of the qualifying move* Temporary Work The worker is employed for less than 12 months To Join When the child and worker move at different times; The worker and child must come together within 12 months

  5. ENGAGED NOT ENGAGED Federal Definition Migratory Agricultural Worker A person who, in the preceding 36 months: Made a qualifying move and, engaged in new temporary or seasonal qualifying employment or personal subsistence in agriculture A person who in the preceding 36 months did not engage in such new employment soon after a qualifying move AND Actively sought such new employment; AND AND Has a recent history of (2)moves that resulted in temporary or seasonal agricultural employment. Engaged in qualifying work within 60 days of the move

  6. Made a qualifying move and, engaged in new temporary or seasonal qualifying employment; AND A person who, in the preceding 36 months: Migratory Agricultural Worker - Engaged Engaged Engaged in qualifying work within 60 days of the move

  7. Made a qualifying move and, did NOT engage in qualifying work; AND A person who, in the preceding 36 months: Migratory Agricultural Worker Not Engaged Not Engaged Has a recent history of (2) moves that resulted in qualifying work (worker did not have to engage in 60 days) Actively sought qualifying work soon after the move; AND

  8. The Migratory Agricultural Worker has taken action to seek qualifying work, such as: -Applying for qualifying work at an agricultural worksite. -Making a move based on newspaper advertisement, or word of mouth. -Example: The worker stated that they applied at ABC farms on 10/1/19. Actively Sought Details of when and how the Migratory Agricultural Worker actively sought must be documented on the COE. -Worker statement will suffice

  9. 36 months prior to the date of the interview, the worker: Must have at least two moves that resulted in qualifying temporary or seasonal agricultural or fishing work Recent History of Moves Work history must be done in the United States Can qualify by using the recent history of moves that were made with, or to join/precede a parent/guardian or spouse who was a migratory worker The recruiter will rely on worker s statement and document that information on the COE

  10. Qualifying Move Due to economic necessity From one residence to another residence; and From one school district to another school district

  11. The child and the Migratory Agricultural Worker move because they could not afford to stay in the current location. It may be due to a financial need. Due to Economic Necessity Excludes: Trips to visit family or friends Attend a wedding or event Take a vacation Have an educational or recreational experience Take care of a legal matter

  12. Keep In Mind Children must make a QUALIFYING MOVE as , with , or to join a Migratory Agricultural Worker The MIGRATORY CHILD AND MIGRATORY WORKER have their own eligibility criteria. The child(ren) must meet the criteria of a MIGRATORY CHILD. In order to qualify as a to join move, the MIGRATORY CHILD and the MIGRATORY AGRICULTURAL WORKER must join within 12 The worker must meet the eligibility criteria of a MIGRATORY AGRICULTURAL WORKER The worker must make a QUALIFYING MOVE in the last 36 months

  13. Timeline A timeline is a great tool to use when determining eligibility. Recruiters should investigate the work and move history for the last 36 months, starting with the most recent. 7/1/18 11/1/18 2/1/19 8/1/19 The worker and child moved from Miami, FL to Yuma, AZ; due to economic necessity and worker engaged in cutting lettuce on 7/2/18 The worker and child moved from Yuma, AZ to Buckeye, AZ; due to economic necessity and worker began work as a cashier at Walmart on 11/2/18 The worker moved alone from Buckeye, AZ to Douglas, AZ; due to economic necessity and worker engaged in cutting melon on 2/2/19 The child moved from Buckeye, AZ to Douglas, AZ; to join the worker. The worker was interviewed on 8/2/19. IF THE INTERVIEW WAS ON 8/2/19. THE RECRUITER SHOULD INVESTIGATE THE TIMEFRAME FROM 8/1/16 TO 8/2/19

  14. Once a worker is established as a Migratory Agricultural Worker he/she will hold that status for 36 months and can qualify for any subsequent moves regardless of the type of work they engage in The child s move and worker s move have separate eligibility criteria Citizenship is never a factor Tidbits The worker s statement is sufficient for documentation purposes In a to join move, the worker and child must come together within 12 months The qualifying moves must be due to economic necessity The QAD is when the child and worker complete the qualifying moves.

  15. Next Steps IDR Mini Quiz Migratory Workers (ESSA) Take the ID&R Mini IDR Mini Quiz Migratory Workers (ESSA) Quiz Migratory Workers (ESSA) IDR Mini Quiz Migratory Workers (ESSA)

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