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The Purpose of This Document Is to Serve As a Guide for Migrant Alabama Migrant Education Policy and Procedures Manual Thomas R. Bice State Superintendent of Education Alabama State Department of Education Federal Programs Section Migrant Education Program P.O. Box 302101 Montgomery, AL 36130-2101 Alabama Migrant Education Policy and Procedures Manual This document, Alabama Migrant Education Policy and Procedures Manual, is an outgrowth of the Alabama State Department of Education’s voluntary agreement with the U.S. Department of Education for providing services to Migratory students. It incorporates requirements and applicable references to Title I, Part C, of the No Child Left Behind Act of 2001 (NCLB). This document is intended to provide basic legal requirements, guidance for policies, procedures, and practices for identifying and serving Migrant children. Questions about responsibilities of local education agencies (LEAs) in providing Migrant services may be directed to: Alabama State Department of Education Federal Programs Section Post Office Box 302101 Montgomery, Alabama 36130-2101 Telephone: 334-242-8199 Fax: 334-242-0496 Mr. Edmund Moore, Federal Programs Coordinator E-mail [email protected] Ms. Cyndi Hill Townley, Education Administrator E-mail: [email protected] Mrs. Peggy Haveard, Migrant Specialist E-mail: [email protected] No person shall be denied employment, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program or activity on the basis of disability, gender, race, religion, national origin, color, age or genetics. Ref: Sec. 1983, Civil Rights Act, 42 U.S.C.; Title VI and VII, Civil Rights Act of 1964; Rehabilitation Act of 1973, Sec. 504; Age Discrimination in Employment Act; The Americans with Disabilities Act of 1990 and The Americans with Disabilities Act Amendments Act of 2008; Equal Pay Act of 1963; Title IX of the Education Amendment of 1972; Title II of the Genetic Information Nondiscrimination Act of 2008: Title IX Coordinator, P.O. Box 302101, Montgomery, Alabama 36130-2101 or call (334) 242-8165. 2 Alabama State Department of Education Revised June 2014 Table of Contents Part I Pages Mission Statement, Program Goals, Definition of Migrant, Laws and Litigation Related to Migrant Education 4 - 6 Part II Identification and Recruitment Procedures 7 – 48 Part III Certificate of Eligibility and Completion Directions 49 - 66 Part IV State of Alabama Migrant Education Program Service Delivery Plan 67 - 71 Part V Alabama State Performance Targets for the Migrant Education Program 72 – 82 Part VI State Evaluation Plan 83 – 88 Part VII Quality Control Plan 89 – 94 3 Alabama State Department of Education Revised June 2014 Part VIII Migrant Home School Liaison Guide 95 – 137 Part IX Appendices 138 – 159 A. Forms B. Resources 4 Alabama State Department of Education Revised June 2014 Mission Statement The State of Alabama Migrant Education Program will provide leadership, technical assistance, and financial support to improve the educational opportunities and academic success of migrant children, youth, agricultural workers and fishers, and their families. The migrant program will make available academic and supportive services to the children of families who migrate to find work in the agricultural and fishing industries. The program will endeavor to support educators working with migrant children to eliminate barriers and provide continuity of education and encourage parents of the migratory lifestyle to support and assist their children in the educational process. The migrant education program recognizes that parent involvement is an essential part of the educational process and the home-school-community partnership is the first step in improving student achievement. Program Goal It is the goal of the Alabama Migrant Education Program to (1) make available an education experience that will help children reduce the educational disruptions and other problems of the migratory lifestyle; (2) support migrant children in reaching the same challenging state performance standards that all children are expected to meet; (3) ensure that migrant students have the opportunity to graduate with a high school diploma (or complete a GED); and (4) prepare migrant students for responsible citizenship, further learning, and productive employment. Definition of Migrant For the purpose of this publication, the United States Department of Education definition of migrant workers and students will be used when referring to migrant workers and students as provided in the guidance provided for the Migrant Education Program. Migrant workers seek temporary or seasonal work in agriculture, fishing, or related industries, including food processing or the logging industry. They follow the growing seasons across the country and are largely responsible for the cultivating and harvesting of fruits, vegetables, and many other food products. To be considered migrant and qualify for the Migrant Education Program a child must have moved within the past three years across state lines or school district lines with a migratory parent, guardian, spouse, or a member of the child’s immediate family to obtain temporary or seasonal employment in a qualifying activity. The child must be between the ages of 3 to 21 and have not received a high school diploma or GED. 5 Alabama State Department of Education Revised June 2014 Laws and Litigation Related to Migrant Education The Migrant Education Program is an outgrowth of the Elementary and Secondary Education Act (ESEA), Public Law 89-10, passed in 1965. Congress recognized migrant children as a disadvantaged group whose high mobility and unique lifestyles created special educational needs. Some of these needs are different from those of other children. Migratory students require special help and services. For this reason, the Migrant Education Program was established separately by an amendment to Title I in 1966. The law to continue the Migrant Education Program has been reauthorized every five years since that time. The program is currently authorized under Title I, Part C, of the No Child Left Behind Act of 2001 and Public Law 107-110. The U.S. Supreme Court has ruled in Plyer v. Doe [457 U.S. 202 (1982)] that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents. Like other children, undocumented students are under state law to attend school until they reach age 17. As a result of the Plyer ruling, public schools may not: Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status. Treat a student disparately to determine residency. Engage in any practices to “chill” the right of access to school. Require students or parents to disclose or document their immigration status. Make inquiries of students or parents that may expose their undocumented status. Require social security numbers from all students, as this may expose undocumented status. 6 Alabama State Department of Education Revised June 2014 State of Alabama Migrant Education Program Identification & Recruitment Procedures 7 Alabama State Department of Education Revised June 2014 Acknowledgements This handbook was produced by the Alabama State Department of Education Migrant Education Program (MEP) by regular and contract staff with funds provided through Public Law 103-382. The information included herein reflects policies and/or procedures related to the identification and recruitment of migrant students in the state of Alabama. In case of questions, contact the MEP office at: Alabama State Department of Education Federal Programs Section Attn: Peggy Haveard P.O. Box 302101 Montgomery, AL 36130-2101 Telephone: (334) 242-8199 E-mail: [email protected] Web site: www.alsde.edu Supplemental materials offered by: Texas State Migrant Education Office Washington State Migrant Education Office California State Migrant Education Office No person shall be denied employment, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program or activity on the basis of disability, gender, race, religion, national origin, color, age or genetics. Ref: Sec. 1983, Civil Rights Act, 42 U.S.C.; Title VI and VII, Civil Rights Act of 1964; Rehabilitation Act of 1973, Sec. 504; Age Discrimination in Employment Act; The Americans with Disabilities Act of 1990 and The Americans with Disabilities Act Amendments Act of 2008; Equal Pay Act of 1963; Title IX of the Education Amendment of 1972; Title II of the Genetic Information Nondiscrimination Act of 2008: Title IX Coordinator, P.O. Box 302101, Montgomery, Alabama 36130-2101 or call (334) 242-8165. 8 Alabama State Department of Education Revised June 2014 Table of Contents Page Introduction………………………………………………..…………….……………… 11 The Migrant Recruiter………………………………………………….……………….. 12 Child Eligibility: The Five Ws……………………….…………….………….……….. 15 Who……………………………………………………….………..…….…………….. 16 What/Where. ………………………………………………….……………….………. 18 Qualifying moves…………………………….……..….…………….………… 18 Change of residence…………………………….………….……….………….. 18 Qualifying move to a home base………………………………….……………. 19 Minimum duration for a qualifying move……..……………….………………. 20 Minimum distance for a qualifying move……………………….…………….. 20 Purposes for a qualifying move…………………………………….………….. 20 International moves……………………………………..…………….……….. 21 Why……………………………………………….………………..…...……………... 22 “To Seek” moves……………………………………………………………..... 22 When…………………………………………………………….….………………….
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