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

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Use of MEP Funds to Provide Title I, Part A Services to Migrant Students in Targeted Assistance Schools

Schools that receive funds under Title I, Part A but do not operate schoolwide programs are known as "targeted assistance schools" (Section 1115). In the past, migrant students who were also eligible to receive Title I, Part A services would have been se rved by the Title I, Part A program in a targeted assistance school on the same basis as any other child who was eligible for services. While this is still true, under Section 1306(b) states and LEAs now have the flexibility, in some cases, to use MEP funds interchangeably with Par t A funds. However, this flexibility can be exercised only after MEP funds are first used to meet the identified needs of migrant students that--

  • Result from the effects of their migrant lifestyle, or are needed to allow migrant students to participate effectively in school; AND

  • Are not addressed by services provided under other programs, including programs under Title I, Part A.

If MEP funds remain after these unique needs have been met, the MEP funds can be used interchangeably with Part A funds to provide services that are determined to be necessary for the migrant children who are eligible under Part A.

Except in schoolwide programs that combine MEP funds with funds from other sources, MEP funds provide services only to eligible children of migrant workers. However, no statutory or regulatory requirements prohibit a local operating agency from using co-funding arrangements to serve migrant students simultaneously with students with similar educational needs, in the same educational settings where appropriate.

Furthermore, Section 1306 does not create a statutory priority to serve migrant children eligible for services under Part A ahead of other Part A-eligible children. Rather, Section 1112(b)(8) of Part A makes clear that migrant children eligible for Part A services must be selected on the same basis as other children who are eligible to receive Part A services.


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Last Modified: 05/15/2009