Foundations – Eligibility for HEP and CAMP Programs - PowerPoint Presentation

1. Foundations – Eligibility for HEP and CAMP ProgramsDylan Hart-MedinaOffice of Migrant EducationHEP and CAMP Team LeadDylan.Hart-Medina@ed.gov

2. Objectives for sessionTo review the statutory and regulatory requirements for HEP and CAMP.​Apply statutory and regulatory requirements to case studies.Review and discuss recruitment plan requirements.

3. Statutory and administrative requirementsAuthorizing Program Statute: Section 418A of the Higher Education Act, as amendedProgram Regulations: 34 C.F.R. 206​Education Department General Administrative Regulations: 34 C.F.R. 75​Uniform Guidance: 2 C.F.R. 200

4. Overview of EligibilityStatutoryTitle 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)HEP - 418A(b)(1):Age, School Attendance, 75/24, Education Status, and eligibility via MEP or NFJPCAMP418A(c)(1)(A):75/24, College or University Attendance, and eligibility via MEP or NFJPCurrent Regulations General HEP and CAMP participation eligibility: 75 days/24 months, and MEP or NFJPSpecial HEP Qualifications:Education Status, School Attendance, Age, and NeedSpecial CAMP Qualifications:IHE Admission, Not Beyond 1st Year of IHE, and NeedProgram Definitions: Agricultural Activity, Farmwork, Full-time, IHE, Migrant Farmworker, and Seasonal Farmworker

5. Eligibility common to Hep and camp To be eligible to participate in a HEP or CAMP project—​ 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 ​The person must have participated (with respect to HEP within the last 24 months), or be eligible to participate, in Migrant Education Program or the National Farmworker Jobs Program. When qualifying under the 75/24 rule, the 75 days do not need to be continuous.Source: 34 C.F.R. §206.3

6. Eligibility through Migrant education program (MEP)A HEP and CAMP project may rely on a valid State MEP Certificate of Eligibility (COE) to establish eligibility.A HEP or CAMP project may rely on an official signed letter or other official documentation from the State MEP program verifying that the potential student is currently eligible for the MEP program, or formerly participated in the MEP program (in the case of HEP, within the past 24 months). Source: Eligibility Guidance Questions G5 & G6

7. Eligibility through National farmworker jobs programA HEP and CAMP project may rely on documentation provided by National Farmworker Jobs Program (NFJP) projects to establish HEP and CAMP eligibility (in the case of HEP, within the past 24 months). Source: Eligibility Guidance Questions G9

8. Additional Hep eligibility requirementsSource: 418A(b)(1) of the HEA and 34 CFR 206.3(b)

9. Additional camp eligibility RequirementsSource: 418A(b)(1) of the HEA, 34 CFR 206.3(c), Eligibility Guidance H6

10. Determining needWhen determining need, the grantee must consider academic, supporting-services, and financial need when recruiting project participants.The grantee should establish a written policy for choosing students according to their level of need. Documentation of the student’s need for assistance.Source: Eligibility Guidance Question C1

11. Hep - determining academic, supporting-service, and financial-assistance needs Academic and Supporting Service: May use correspondence with teachers and counselors, student records and transcripts, and interviews with prospective students and their families. Most HEP projects tend to use a standard placement test to determine the academic skill level and potential academic needs of their incoming students.Financial Need: May use worker’s pay stubs or W-2 forms may be used to determine financial need.Source: Eligibility Guidance Question C2

12. Camp – determining academic, supporting-service, and financial-assistance needs Academic and Supporting Service: May use correspondence with teachers and counselors, student records and transcripts, and interviews with prospective students and their families. Using the Free Application for Federal Student Aid (FAFSA) is a commonly used tool to determine financial need throughout post-secondary education. Source: Eligibility Guidance Question C3

13. Definitions – migrant and seasonal farmworkerWho is a migrant farmworker?A seasonal farmworker whose employment required travel that precluded the farmworker from returning to his or her domicile (permanent place of residence) within the same day.Who is a seasonal farmworker?A person whose primary employment was in farmwork on a temporary or seasonal basis (that is, not a constant year-round activity) for a period of at least 75 days within the past 24 months.Source: 34 C.F.R. 206.5(c)

14. Definition – Primary employmentPrimary employment: Means that for a period of at least 75 days in the past 24 months, temporary or seasonal employment in migrant or seasonal farmwork is the principal, but not necessarily the sole, means of support for the worker or his or her immediate family. Seasonal employment: Generally is employment that occurs only during a certain period of the year because of the cycles of nature and that is not constant year-round employment.Temporary employment: Generally is employment that lasts for a limited period of time, usually a few months, but is not constant year-round employment.Source: Eligibility Guidance Question E1, E2, & F1

15. Definitions – farmwork and agricultural activitiesWhat do we mean by Farmwork? Any agricultural activity, performed for either wages or personal subsistence, on a farm, ranch, or similar establishment.What are agricultural activities?Any activity directly related to the production of crops, dairy products, poultry, or livestock;​Any activity directly related to the cultivation or harvesting of trees; or​Any activity directly related to fish farms. Source: 34 C.F.R. 206.5(c)

16. Definitions – agricultural activities, cont.Crop: The Department considers a crop to be a plant that is harvested for use by people or by livestock.Dairy Product: Is restricted to the production of milk. Other items commonly referred to as “dairy products,” such as cheese or yogurt, are processed -- not produced.Poultry: refer to any bird produced and used primarily for meat or egg production.Livestock: Any animal produced or kept primarily for breeding or slaughter, including, but not limited to, beef and dairy cattle, hogs, sheep, goats, and horses.Source: Eligibility Guidance Question D9, D10, D11, & D12

17. Knowledge checkIf a person holds multiple jobs during the same period of time, one or several of which are qualifying farmwork, would he or she qualify as a migrant or seasonal farmworker?

18. Knowledge check 1If a person holds multiple jobs during the same period of time, one or several of which are qualifying farmwork, would he or she qualify as a migrant or seasonal farmworker?It depends.Source: Supplemental FAQs Q6

19. Definitions – wages and personal subsistenceWages - OME interprets the term wages to mean a fixed payment, usually of money and typically paid on a daily, weekly, or per-piece basis, made by an employer to an employee. (Supplemental FAQs)​Personal subsistence – OME interprets the term personal subsistence to mean that the worker and his or her family, as a matter of the family’s economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, and livestock they produce. (Supplemental FAQs)Source: Supplemental Eligibility FAQs Q1 & Q2

20. Knowledge check 2Can year-round work on a family-owned farm qualify as eligible migrant or seasonal farmwork?

21. Knowledge check 2 – cont.Can year-round work on a family-owned farm qualify as eligible migrant or seasonal farmwork?No. To qualify under 34 CFR 206.3(a)(1) an individual’s (or the individual’s immediate family member’s) primary employment must have been in farmwork (i.e., an agricultural activity being performed for wages or personal subsistence on a farm, ranch, or similar establishment) on a temporary or seasonal basis (that is not constant year-round activity) for a minimum of 75 days during the past 24 months. OME considers workers who own a farm to be employed throughout the year.

22. Documenting eligibility Projects must maintain adequate documentation for each person whom they enroll in their project so that they can confirm that the person met all program eligibility requirements. Projects are encouraged to develop their own form and procedures for maintaining this information. Project-specific documentation should be used in conjunction with MEP or NFJP eligibility forms, where possible, for those participants who qualify for services under either of these programs. Source: Eligibility Guidance Question I1.

23. Recruitment plans

24. Recruitment plans 34 C.F.R. §206.20In applying for a grant, an applicant must provide an assurance that it will develop and implement a plan for identifying, informing, and recruiting eligible participants who are most in need of the academic and supporting services and financial assistance provided by the project.Definitions for ‘Identifying’, ‘Informing’, and ‘Recruiting’ can be found in A2 of the Non-Regulatory Eligibility Guidance.

25. Recruitment plans – What to includeA defined geographical recruitment area;​The steps your project will take for identifying and recruiting prospective participants;​A list and contact information of community partners (schools, MEP, NFJP, growers, businesses, etc.); and​The steps you project will take to collaborate with community partners, and other projects that serve migrant and seasonal farmworkers.Source: Eligibility Guidance Question A5

26. determining the geographical area of recruitmentGeographical area should be consistent with the grantee’s approved application.Should be based on grantee’s knowledge of where migratory and seasonal farmworkers are employed and reside.Recruitment area should extend far enough to ensure an adequate number of participants while not creating unreasonable travel distances for commuters.Recruitment area may even cross State lines.Notify program officer when there is a proposed change.Source: Eligibility Guidance Question A6 & A7

27. Recruitment plans – pair and shareGeneral overview of your identification and recruitment planAre there particular organizations or other entities (such as MEP) that your project will be collaborating with to identify potentially eligible participants? If so, how?

28. Case study scenarios

29. Small group case studies15 minutes for discussionGroups of 4-5HEP - Beekeeper scenarioCAMP - Work transporting/packing scenarioDirectionsAnalyze scenario using a sample eligibility checklist. Determine whether the person is eligible and the reasoning.If key information is missing, what might have been helpful to make a determination.

30. HEP Case Study – Beekeeping scenarioYes, this individual would likely be eligible. The beekeeping activities described are directly related to the production of livestock and crops, and the position is described as seasonal. The individual also appears to meet other eligible criteria, such as age/school enrollment, and school completion components. However, to be eligible we would need to confirm that the:Individual has worked at least 75 days in the past two years, andIs determined to have need. NOTE: If they have not worked at least 75 days or are determined to not have need, then they would not be eligible.

31. camp Case Study – transportation/packing scenarioIndividual does meet the general eligibility requirements. Their step-father, who is captured within the term ‘immediate family member’, is employed in sorting and packing. This type of sorting and packing that takes place on a farm or in a facility off the farm that is primarily engaged in sorting and packing would likely be classified as agricultural activities because these activities are an integral part of harvesting the crop. The step-father also has worked at least 75 days in that role in the past two years.While the student meets the need, they were waitlisted by the university, which would make them ineligible. Eligible must be enrolled or be admitted for enrollment as a full-time student at the participating IHE.

32. Questions from today’s presentation

33. ResourcesThis presentationAdditional information on HEP and CAMP:​Recruitment and Eligibility GuidanceNon-Regulatory Guidance on Allowable Services to HEP and CAMP StudentsSupplemental Eligibility FAQs Please also feel free reach out to your Program Officer with any eligibility questions

34. THANK YOU!