Migrant Education Program
Preliminary Guidance for Title I, Part C
Public Law 103-382

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Student Eligibility

Children who are migrant and have had the basis for their MEP eligibility properly recorded, may receive MEP services. According to Sections 1309 and 1115(b)(1)(A) (which applies by reference) of the statute and 34 CFR 200.40(c) and (e) of the regulation s, a child is eligible for MEP services if he or she:

  1. (a) Is younger than 22 (and has not graduated from high school or does not hold a high school equivalency certificate), but (b), if the child is too young to attend school-sponsored educational programs, is old enough to benefit from an organ ized instructional program2 (Section 1115(b)(1)); AND

  2. Is a migrant agricultural worker or a migrant fisher (as defined in Section 1309 of the statute) OR has a parent, spouse, or guardian who is a migrant agricultural worker or a migrant fisher; AND

  3. Performs, or has a parent, spouse, or guardian who performs, qualifying agricultural or fishing employment as a principal means of livelihood (34 CFR 200.40(c), (e), and (f)); AND

  4. Has moved within the preceding 36 months to obtain,3 or to accompany or join a parent, spouse, or guardian to obtain, temporary or seasonal employment in agricultural or fishing work; AND

  5. Has moved from one school district to another; OR

  6. In a state that is comprised of a single school district, has moved from one administrative area to another within such district; OR

    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 to engage in a fishing activity. (This provision currently applies only to Alaska.)


2 For example, a newborn infant would probably not be considered old enough to benefit from an organized instructional program. Moreover, while a child under age of three may be served, that child does not generate funding credit for State funding purposes.

3 An individual who moves to seek qualifying employment would be considered to have made a qualifying move regardless of whether the employment is actually obtained.


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Last Modified: 05/15/2009