august 2008 mep regulations teleconferences 1 new mep regulations §§200.81, 200.83 & 200.89 34...

August 2008August 2008 MEP Regulations TeleconferencesMEP Regulations Teleconferences 11

New MEP RegulationsNew MEP Regulations§§§§200.81, 200.83 & 200.89200.81, 200.83 & 200.89

34 CFR Part 200 34 CFR Part 200

as published in the as published in the Federal Federal RegisterRegister Tuesday, July 29, 2008 Tuesday, July 29, 2008

pp. 44102-44125pp. 44102-44125


What are these regulations?What are these regulations?

ED’s formal, published interpretation ED’s formal, published interpretation of the ESEA, Title I Part C statutory of the ESEA, Title I Part C statutory provisions regarding: provisions regarding: – child eligibility, child eligibility, – the service delivery plan,the service delivery plan,– ID&R quality control, and ID&R quality control, and – the adjustment of FY 2006 and the adjustment of FY 2006 and

subsequent years allocations.subsequent years allocations.


What is the Difference between What is the Difference between Regulations and Guidance?Regulations and Guidance?

Regulations are ED’s formal, published Regulations are ED’s formal, published interpretation of the statute.interpretation of the statute.

Regulations are developed through a Regulations are developed through a process of “notice and comment rule-process of “notice and comment rule-making” and therefore --making” and therefore --

Regulations have the force of law: SEAs & Regulations have the force of law: SEAs & LOAs are required to comply with the LOAs are required to comply with the regulations.regulations.


What is the Difference between What is the Difference between Regulations and Guidance? (cont.)Regulations and Guidance? (cont.)

Guidance represents ED’s official written Guidance represents ED’s official written interpretation of both statute and interpretation of both statute and regulations.regulations.

Guidance does Guidance does notnot have force of law. have force of law. Guidance is binding on the ED program Guidance is binding on the ED program

office (though not always on OIG) and is office (though not always on OIG) and is generally a safe harbor for SEAs & LOAs.generally a safe harbor for SEAs & LOAs.

SEAs & LOAs can deviate from guidance if SEAs & LOAs can deviate from guidance if they have other interpretations or they have other interpretations or procedures that they can show comport procedures that they can show comport with statute or regulations.with statute or regulations.


In this Federal Register NoticeIn this Federal Register Notice

There are both regulations & guidance.There are both regulations & guidance. The regulations consist only of the text The regulations consist only of the text

provided on p. 44123 (from bottom of column provided on p. 44123 (from bottom of column 2) through p. 44125 (to end of column 3): 2) through p. 44125 (to end of column 3): §§§§200.81, 200.83 & 200.89200.81, 200.83 & 200.89

The guidance is provided in the text included The guidance is provided in the text included in the Notice’s preamble – particularly in the in the Notice’s preamble – particularly in the “Analysis of Comments and Changes” section “Analysis of Comments and Changes” section provided on p. 44103 (from the bottom of provided on p. 44103 (from the bottom of column 1) through p. 44121 (to the top of column 1) through p. 44121 (to the top of column 2).column 2).


TThehe guidanceguidance (as well as the (as well as the regulatory sections) regulatory sections) in this Federal in this Federal

Register Notice --Register Notice --

Needs to be reviewed carefully byNeeds to be reviewed carefully by

SEAs and LOAs in that it representsSEAs and LOAs in that it represents

ED’s official interpretation of what theED’s official interpretation of what theactual regulatory language means..


Why did ED regulate now?Why did ED regulate now?

The new regulations were needed to The new regulations were needed to address serious eligibility errors identified address serious eligibility errors identified over the last few years and to provide over the last few years and to provide procedures to avoid such errors in the procedures to avoid such errors in the future.future.

Essential for improving program integrity Essential for improving program integrity and program operations and and program operations and demonstrating these improvements to demonstrating these improvements to Congress and the public.Congress and the public.


When do the new When do the new regulations take effect?regulations take effect?

In general, especially re the definitions: on In general, especially re the definitions: on August 28, 2008 – 30 days from the notice’s August 28, 2008 – 30 days from the notice’s publication.publication.

However, those new regulatory provisions However, those new regulatory provisions with information collection implications (e.g., with information collection implications (e.g., retrospective and prospective re-interviewing, retrospective and prospective re-interviewing, the national COE) will only become effective the national COE) will only become effective after OMB approval of the associated after OMB approval of the associated information collection package: which should information collection package: which should occur -- occur -- after further public commentafter further public comment -- in -- in approximately 60 days after the notice’s approximately 60 days after the notice’s publication.publication.


What do I do if I have questions What do I do if I have questions about the new regulations?about the new regulations?

Send questions/comments/example Send questions/comments/example scenarios to scenarios to [email protected]@ed.gov..

We will attempt to address them at or We will attempt to address them at or after the ID&R Forum in program guidance after the ID&R Forum in program guidance or a policy letter.or a policy letter.


How/when can I comment on the How/when can I comment on the information collection?information collection?

To comment on the information collection:To comment on the information collection:– http://edicsweb.ed.gov/http://edicsweb.ed.gov/, Click on Browse Pending , Click on Browse Pending

Collections, Click on Collections, Click on (03701) 1810-0662-v.6(03701) 1810-0662-v.6 -- MEP -- MEP Final Regulations and Certificate of Eligibility Final Regulations and Certificate of Eligibility

Comments on information collection Comments on information collection requirements should be directed to:requirements should be directed to:

Desk Officer for Education Desk Officer for Education Office of Information and Regulatory AffairsOffice of Information and Regulatory Affairs

Office of Management and BudgetOffice of Management and [email protected][email protected], or, or

(FAX) 202-395-6974(FAX) 202-395-6974 Copy to Copy to [email protected]@ed.gov Submit your comments within 30 days after Submit your comments within 30 days after

the notice’s publication – by 8/28/08.the notice’s publication – by 8/28/08.


How is the regulatory How is the regulatory notice organized?notice organized?

Preamble - summarizes each comment we Preamble - summarizes each comment we received, provides discussion as to our received, provides discussion as to our thinking and consideration for each thinking and consideration for each comment, summarizes any changes that comment, summarizes any changes that were made based on comments.were made based on comments.

Regulatory text – presents the new Regulatory text – presents the new regulatory sections (regulatory sections (§§§§ 200.81, 200.83 & 200.81, 200.83 & 200.89) 200.89) as they will appear in the next as they will appear in the next update of the Code of Federal Regulations update of the Code of Federal Regulations (CFR).(CFR).


Regulation Discussion TopicsRegulation Discussion Topics Child Eligibility – significant definitional changes. Child Eligibility – significant definitional changes.

§200.81§200.81 CNA & SDP – inclusion of Measurable Program CNA & SDP – inclusion of Measurable Program

Outcomes. Outcomes. §200.83§200.83 Adjustment of FY 06 and future year allocations. Adjustment of FY 06 and future year allocations.

§200.89(a)(1)§200.89(a)(1) Re-documentation of children in 06-07 child count. Re-documentation of children in 06-07 child count.

§200.89(a)(2)§200.89(a)(2) Retrospective Re-interviewing/Prospective Re-Retrospective Re-interviewing/Prospective Re-

interview. interview. §200.89(b)(1)-(2)§200.89(b)(1)-(2) Minimum requirements for documenting eligibility. Minimum requirements for documenting eligibility.

§200.89(c)§200.89(c) Minimum requirements for quality control. Minimum requirements for quality control.

§200.89(d)§200.89(d)


New Definitions New Definitions §§ 200.81 200.81

Summary of Regulatory LanguageSummary of Regulatory Language


A Migratory Child is:A Migratory Child is:§§200.81(e), Preamble pp. 44106 – 44107200.81(e), Preamble pp. 44106 – 44107

““a child -- (1) who is a a child -- (1) who is a migratory migratory agricultural workeragricultural worker or a or a migratory migratory fisherfisher; or (2) who, in the preceding 36 ; or (2) who, in the preceding 36 months, in order to accompany or join a months, in order to accompany or join a parent, spouse, or guardian who is a parent, spouse, or guardian who is a migratory agricultural workermigratory agricultural worker or a or a migratory migratory fisher fisher – (i)– (i) has has movedmoved from from one school district to another * ….” one school district to another * ….” [emphasis added.][emphasis added.]

*exceptions apply for moves within States comprised of a *exceptions apply for moves within States comprised of a single school district and school districts of more than single school district and school districts of more than 15,000 square miles.15,000 square miles.


A Migratory Agricultural A Migratory Agricultural Worker is:Worker is:

§§200.81(d), Preamble p. 44106 200.81(d), Preamble p. 44106

““a person who in the preceding 36 a person who in the preceding 36 months, has months, has movedmoved, as defined in , as defined in paragraph (g), from one school district to paragraph (g), from one school district to another, … * another, … * in order to obtainin order to obtain temporary employmenttemporary employment or or seasonal seasonal employmentemployment in in agricultural workagricultural work, , including dairy work.” [emphasis added]including dairy work.” [emphasis added]

*exceptions apply for States comprised of a single school *exceptions apply for States comprised of a single school districtdistrict


A Migratory Fisher is:A Migratory Fisher is:§§ 200.81(f), Preamble p. 44107 200.81(f), Preamble p. 44107

““a person who, in the preceding 36 a person who, in the preceding 36 months, has months, has movedmoved, as defined in , as defined in paragraph (g), from one school district to paragraph (g), from one school district to another, … * another, … * in order to obtainin order to obtain temporary employmenttemporary employment or or seasonal seasonal employmentemployment in in fishing workfishing work….” ….” [emphasis added] [emphasis added]

*exceptions apply for moves within States comprised of a *exceptions apply for moves within States comprised of a single school district and school districts of more than single school district and school districts of more than 15,000 square miles.15,000 square miles.


Move or MovedMove or Moved§§200.81(g), Preamble pp. 44107 – 44108200.81(g), Preamble pp. 44107 – 44108

““Move or movedMove or moved means a change from means a change from one residence to another residence that one residence to another residence that occurs due to economic necessity.”occurs due to economic necessity.”

[Used in the definitions of In Order to Obtain, Migratory [Used in the definitions of In Order to Obtain, Migratory Child, Migratory Agricultural Worker, and Migratory Fisher.]Child, Migratory Agricultural Worker, and Migratory Fisher.]


In Order to Obtain (cont.)In Order to Obtain (cont.)§§200.81(c), Preamble pp. 44105 – 44106200.81(c), Preamble pp. 44105 – 44106

““(c) When used to describe why a worker (c) When used to describe why a worker moved, means that one of the purposes of moved, means that one of the purposes of the move is to seek or obtain the move is to seek or obtain qualifying qualifying workwork….” [emphasis added]….” [emphasis added]

[Used in the definitions of Migratory Child, Migratory [Used in the definitions of Migratory Child, Migratory Agricultural Worker and Migratory Fisher.]Agricultural Worker and Migratory Fisher.]


In Order to Obtain (cont.)In Order to Obtain (cont.)§§200.81(c), Preamble pp. 44105 – 44106200.81(c), Preamble pp. 44105 – 44106

““((1) If a worker states that a purpose of 1) If a worker states that a purpose of the move was to seek any type of the move was to seek any type of employment, i.e., the worker moved with employment, i.e., the worker moved with no specific intent to find work in a no specific intent to find work in a particular job, the worker is deemed to particular job, the worker is deemed to have moved with a purpose of obtaining have moved with a purpose of obtaining qualifying work if the worker obtains qualifying work if the worker obtains qualifying work soon after the move….”qualifying work soon after the move….”


In Order to Obtain (cont.)In Order to Obtain (cont.)

2200.81(c), Preamble pp. 44105 – 4410600.81(c), Preamble pp. 44105 – 44106

““((2) Notwithstanding the introductory text of this 2) Notwithstanding the introductory text of this paragraph (c), a worker who did not obtain paragraph (c), a worker who did not obtain qualifying work soon after a move may be qualifying work soon after a move may be considered to have moved in order to obtain considered to have moved in order to obtain qualifying work only if the worker states that at qualifying work only if the worker states that at least one purpose of the move was specifically to least one purpose of the move was specifically to seek the qualifying work, and-- (i) The worker is seek the qualifying work, and-- (i) The worker is found to have a prior history of moves to obtain found to have a prior history of moves to obtain qualifying work; or (ii) There is other credible qualifying work; or (ii) There is other credible evidence that the worker actively sought qualifying evidence that the worker actively sought qualifying work soon after the move but, for reasons beyond work soon after the move but, for reasons beyond the worker's control, the work was not available.” the worker's control, the work was not available.”


Seasonal EmploymentSeasonal Employment§§200.81(j), Preamble, p. 44109200.81(j), Preamble, p. 44109

““employment that occurs only during a employment that occurs only during a certain period of the year because of the certain period of the year because of the cycles of nature and that, by its nature, cycles of nature and that, by its nature, may not be continuous or carried on may not be continuous or carried on throughout the year.”throughout the year.”

[Used in the definitions of Migratory Agricultural Worker, [Used in the definitions of Migratory Agricultural Worker, Migratory Fisher, and Qualifying Work. ]Migratory Fisher, and Qualifying Work. ]


Temporary EmploymentTemporary Employment§§ 200.81(k), Preamble, pp. 44109 – 44112 200.81(k), Preamble, pp. 44109 – 44112

““Employment that lasts for a limited period Employment that lasts for a limited period of time, usually a few months, but no longer of time, usually a few months, but no longer than 12 months. It typically includes than 12 months. It typically includes employment where the employer states that employment where the employer states that the worker was hired for a limited time the worker was hired for a limited time frame; the worker states that the worker frame; the worker states that the worker does not intend to remain in that does not intend to remain in that employment indefinitely; or the SEA has employment indefinitely; or the SEA has determined on some other reasonable basis determined on some other reasonable basis that the employment is temporary…”that the employment is temporary…”

[Used in the definitions of Migratory Agricultural Worker, [Used in the definitions of Migratory Agricultural Worker, Migratory Fisher, and Qualifying Work.]Migratory Fisher, and Qualifying Work.]


Temporary Employment (cont.)Temporary Employment (cont.) ““The definition includes employment that is The definition includes employment that is

constant and available year-round only if, constant and available year-round only if, within 18 months after the effective date of within 18 months after the effective date of this regulation and at least once every three this regulation and at least once every three years thereafter, the SEA documents that, years thereafter, the SEA documents that, given the nature of the work, of those given the nature of the work, of those workers whose children were previously workers whose children were previously determined to be eligible based on the State's determined to be eligible based on the State's prior determination of the temporary nature prior determination of the temporary nature of such employment (or the children of such employment (or the children themselves if they are the workers), virtually themselves if they are the workers), virtually no workers remained employed by the same no workers remained employed by the same employer more than 12 months.” employer more than 12 months.”


Agricultural WorkAgricultural Work§§ 200.81(a), Preamble, pp. 44104 – 44105 200.81(a), Preamble, pp. 44104 – 44105

““the production or initial processing of the production or initial processing of crops, dairy products, poultry, or livestock, crops, dairy products, poultry, or livestock, as well as the cultivation or harvesting of as well as the cultivation or harvesting of trees. It consists of work performed for trees. It consists of work performed for wages or wages or personal subsistencepersonal subsistence.” .” [emphasis added] [emphasis added]

[[Used in the definition of Migratory Agricultural Worker.]Used in the definition of Migratory Agricultural Worker.]


Fishing WorkFishing Work§§200.81(b), Preamble, pp. 44104 – 44105200.81(b), Preamble, pp. 44104 – 44105

““the catching or initial processing of fish or the catching or initial processing of fish or shellfish or the raising or harvesting of fish shellfish or the raising or harvesting of fish or shellfish at fish farms. It consists of or shellfish at fish farms. It consists of work performed for wages or work performed for wages or personal personal subsistencesubsistence.”[emphasis added] .”[emphasis added]

[Used in the definition of Migratory Fisher.][Used in the definition of Migratory Fisher.]


Personal SubsistencePersonal Subsistence§§200.81(h), Preamble, p. 44108200.81(h), Preamble, p. 44108

““the worker and the worker’s family, as a the worker and the worker’s family, as a matter of economic necessity, consume, matter of economic necessity, consume, as a substantial portion of their food as a substantial portion of their food intake, the crops, dairy products, or intake, the crops, dairy products, or livestock they produce, or the fish they livestock they produce, or the fish they catch.” catch.”

[Used in the definitions of Agricultural Work and Fishing [Used in the definitions of Agricultural Work and Fishing Work.]Work.]


Qualifying WorkQualifying Work§§200.81(i), Preamble, pp. 44108 – 44109 200.81(i), Preamble, pp. 44108 – 44109

““ttemporary employmentemporary employment or or seasonal seasonal employmentemployment in in agricultural workagricultural work or or

fishing workfishing work.” [emphasis added].” [emphasis added]

[Used in the definition of In Order To Obtain.][Used in the definition of In Order To Obtain.]


Summary:Summary:§ § 200.81(e), Preamble pp. 44106 - 44107200.81(e), Preamble pp. 44106 - 44107

““Migratory child means a child -- (1) who is a Migratory child means a child -- (1) who is a migratory agricultural workermigratory agricultural worker or a or a migratory fishermigratory fisher; or (2) who, in the preceding ; or (2) who, in the preceding 36 months, in order to accompany or join a 36 months, in order to accompany or join a parent, spouse, or guardian who is a parent, spouse, or guardian who is a migratory agricultural workermigratory agricultural worker or a or a migratory migratory fisher fisher – (i)– (i) has has movedmoved from one from one school district to another * ….” [emphasis school district to another * ….” [emphasis added.]added.]

*exceptions apply for moves within States comprised of a *exceptions apply for moves within States comprised of a single school district and school districts of more than 15,000 single school district and school districts of more than 15,000 square miles.square miles.


Further Explanation of New Further Explanation of New Regulatory DefinitionsRegulatory Definitions

Summary of Issues Discussed Summary of Issues Discussed in Preamblein Preamble


Migratory ChildMigratory Child§§ 200.81(e), Preamble pp. 44106 - 44107 200.81(e), Preamble pp. 44106 - 44107

Tries to restructure the statutory definition to Tries to restructure the statutory definition to be clearer and linked to the additional be clearer and linked to the additional regulatory definitions of the underlying terms regulatory definitions of the underlying terms in the basic migratory child definition.in the basic migratory child definition.

Clarifies that an emancipated youth – a Clarifies that an emancipated youth – a worker in his or her own right --moving on his worker in his or her own right --moving on his or her own may qualify.or her own may qualify.

Does not define in regulation a time limit on Does not define in regulation a time limit on “to join” moves.“to join” moves.

Does not define specific fact situations such Does not define specific fact situations such as when a child moves ahead of a parent.as when a child moves ahead of a parent.


Migratory Agricultural WorkerMigratory Agricultural Worker§§ 200.81(d), Preamble p. 44106 200.81(d), Preamble p. 44106

Based on comments, included a reference Based on comments, included a reference to “dairy work.”to “dairy work.”

Deleted the phrase “principal means of Deleted the phrase “principal means of livelihood” from the definition.livelihood” from the definition.


Migratory FisherMigratory Fisher§§ 200.81(f), Preamble p. 44107 200.81(f), Preamble p. 44107

Does not address specific fact patterns Does not address specific fact patterns raised by commenters during public raised by commenters during public comment – better handled in guidance.comment – better handled in guidance.

Deleted the phrase “principal means of Deleted the phrase “principal means of livelihood” from the definition.livelihood” from the definition.


Move or MovedMove or Moved§ 200.81(g), Preamble pp. 44107 – 44108 § 200.81(g), Preamble pp. 44107 – 44108

Eliminates the apparent contradiction from Eliminates the apparent contradiction from NPRM in definitions of “move or moved” NPRM in definitions of “move or moved” and “in order to obtain."and “in order to obtain."

Clarifies that a move not made due to Clarifies that a move not made due to economic necessity is not a “move” for economic necessity is not a “move” for purposes of MEP eligibility.purposes of MEP eligibility.

Addresses concern about the meaning of Addresses concern about the meaning of the terms “vacation” and “holiday” and the the terms “vacation” and “holiday” and the phrase “during or after” a vacation or phrase “during or after” a vacation or holiday as used in the NPRM version of the holiday as used in the NPRM version of the definition.definition.


Move or Moved (cont.) Move or Moved (cont.) § 200.81(g), Preamble pp. 44107 – 44108 § 200.81(g), Preamble pp. 44107 – 44108

Eliminates need to address in regulation Eliminates need to address in regulation moves that are unrelated to the family’s moves that are unrelated to the family’s economic need.economic need.

““Residence” and “economic necessity” will Residence” and “economic necessity” will be clarified in program guidance.be clarified in program guidance.


In Order To ObtainIn Order To Obtain200.81(c), Preamble pp. 44105 – 44106200.81(c), Preamble pp. 44105 – 44106

One of the purposes of the move was…One of the purposes of the move was…– Scenario 1Scenario 1: …to obtain qualifying work and : …to obtain qualifying work and

the worker obtained qualifying work;the worker obtained qualifying work;– Scenario 2Scenario 2: …to obtain any employment, and : …to obtain any employment, and

the worker obtained qualifying work soon the worker obtained qualifying work soon after the move;after the move;

– Scenario 3Scenario 3: …affirmed to be specifically to : …affirmed to be specifically to seek qualifying work, but the worker did not seek qualifying work, but the worker did not obtain the work.obtain the work.Prior history of moves to obtain qualifying Prior history of moves to obtain qualifying

work, work, ororOther credible evidenceOther credible evidence


In Order To ObtainIn Order To Obtain200.81(c), Preamble pp. 44105 – 44106200.81(c), Preamble pp. 44105 – 44106

Specific intent to obtain non-qualifying Specific intent to obtain non-qualifying employment would not qualify.employment would not qualify.

Scenario 2 - Recruiters should be attentive Scenario 2 - Recruiters should be attentive to situations whereby the worker to situations whereby the worker expresses specific intent to obtain only expresses specific intent to obtain only non-qualifying work. non-qualifying work.


Seasonal EmploymentSeasonal Employment200.81(j), Preamble, p. 44109200.81(j), Preamble, p. 44109

Standardized the definition which had only Standardized the definition which had only previously been in non-binding guidance.previously been in non-binding guidance.

Revised definition based on comments in Revised definition based on comments in order to not be too limited. order to not be too limited.

The Secretary considered many of the The Secretary considered many of the examples provided by commenters to be examples provided by commenters to be “temporary” rather than “seasonal” “temporary” rather than “seasonal” employment.employment.


Temporary EmploymentTemporary Employment200.81(k), Preamble, pp. 44109 – 44112200.81(k), Preamble, pp. 44109 – 44112

Standardized the definition which had only Standardized the definition which had only previously been in non-binding guidance.previously been in non-binding guidance.

Employment that lasts for more than 12 Employment that lasts for more than 12 months should not be considered months should not be considered temporary regardless of high turnover temporary regardless of high turnover rates within a period longer than 12 rates within a period longer than 12 months.months.

Temporary employment can be Temporary employment can be determined by the worker, the employer, determined by the worker, the employer, or the SEA. or the SEA.

SEA determination is generally for those SEA determination is generally for those jobs that are constant and year-round.jobs that are constant and year-round.


Temporary Employment (cont.) Temporary Employment (cont.) 200.81(k), Preamble, pp. 44109 – 44112200.81(k), Preamble, pp. 44109 – 44112

For jobs that are constant and year-For jobs that are constant and year-roundround– SEAs must come up with a “reasonable” basis SEAs must come up with a “reasonable” basis

for initially determining which job categories for initially determining which job categories can be considered temporary.can be considered temporary.

– Working from these categories, SEAs have 18 Working from these categories, SEAs have 18 months to document that virtually no workers months to document that virtually no workers in these specific categories remain at the in these specific categories remain at the plant after one year.plant after one year.

– Final regulations give greater flexibility as to Final regulations give greater flexibility as to howhow the SEA must document that virtually no the SEA must document that virtually no workers remain employed after one year workers remain employed after one year (questioning workers at the time of the (questioning workers at the time of the annual update remains one option).annual update remains one option).


Temporary Employment (cont.)Temporary Employment (cont.) 200.81(k), Preamble, pp. 44109 – 44112200.81(k), Preamble, pp. 44109 – 44112

For jobs that are constant and year-For jobs that are constant and year-round (cont.)round (cont.)– Phrases “virtually all” and “a few Phrases “virtually all” and “a few

months” allow SEAs to use discretion for months” allow SEAs to use discretion for those situations whereby a few workers those situations whereby a few workers remain employed.remain employed.

– Final regulations change the Final regulations change the requirement from annually determining requirement from annually determining temporary to once every 3 years (after temporary to once every 3 years (after the initial 18 mths).the initial 18 mths).


Temporary Employment (cont.) Temporary Employment (cont.) 200.81(k), Preamble, pp. 44109 – 44112200.81(k), Preamble, pp. 44109 – 44112

For jobs that are constant and year-For jobs that are constant and year-round (cont.)round (cont.)– Secretary has recognized that the industrial Secretary has recognized that the industrial

surveys/turnover rates suggested in prior surveys/turnover rates suggested in prior guidance are flawed.guidance are flawed.

– Department will provide guidance on how Department will provide guidance on how SEAs can document that work that appears SEAs can document that work that appears to be constant and year round can be to be constant and year round can be deemed temporary.deemed temporary.

– Validations should be conducted at each Validations should be conducted at each plant because of the variations from plant to plant because of the variations from plant to plant. plant.


Agricultural WorkAgricultural Work200.81(a), Preamble, pp. 44104 – 44105200.81(a), Preamble, pp. 44104 – 44105

Definition conforms to terms used in Definition conforms to terms used in statutory definition of migratory child.statutory definition of migratory child.

Must be performed for wages or personal Must be performed for wages or personal subsistence.subsistence.

Based on comments, deleted the language Based on comments, deleted the language “generally” and “in rare cases.”“generally” and “in rare cases.”

Eliminated – as confusing -- the phrases Eliminated – as confusing -- the phrases “directly related to” and “for initial “directly related to” and “for initial commercial sale.”commercial sale.”


Agricultural Work (cont.)Agricultural Work (cont.)200.81(a), Preamble, pp. 44104 – 44105200.81(a), Preamble, pp. 44104 – 44105

Chose not to define “initial processing” in Chose not to define “initial processing” in regulations – this will allow SEAs flexibility regulations – this will allow SEAs flexibility to consider different situations in different to consider different situations in different industries.industries.

Secretary believes – as a point of guidance Secretary believes – as a point of guidance –that the phrase “initial processing” only –that the phrase “initial processing” only involves working with raw products.involves working with raw products.

Secretary believes that working with a Secretary believes that working with a refined product is beyond “initial refined product is beyond “initial processing.”processing.”


Fishing WorkFishing Work200.81(b), Preamble, pp. 44104 – 44105200.81(b), Preamble, pp. 44104 – 44105

Same changes as to Agricultural Work with Same changes as to Agricultural Work with limited exceptions.limited exceptions.

Hunting or harvesting of whales, walruses, Hunting or harvesting of whales, walruses, or seals is not included in definition of or seals is not included in definition of fishing work.fishing work.

Moved fish farms from agricultural work to Moved fish farms from agricultural work to fishing work.fishing work.


Personal SubsistencePersonal Subsistence200.81(h), Preamble, p. 44108200.81(h), Preamble, p. 44108

New regulatory definition; revised from New regulatory definition; revised from NPRM version based on public comment. NPRM version based on public comment.


Principal Means of LivelihoodPrincipal Means of Livelihood..

Eliminated from new regulations.Eliminated from new regulations. Covered by new definition of move or Covered by new definition of move or

moved – which must be for economic moved – which must be for economic necessity.necessity.


Qualifying WorkQualifying Work §§ 200.81(i), Preamble, pp. 44108 – 44109200.81(i), Preamble, pp. 44108 – 44109

Was not included in NPRM.Was not included in NPRM. Means “temporary employment or Means “temporary employment or

seasonal employment in agricultural work seasonal employment in agricultural work or fishing work.”or fishing work.”

Created as a matter of technical Created as a matter of technical convenience in drafting the other convenience in drafting the other regulatory definitions.regulatory definitions.


Further Explanation of OtherFurther Explanation of OtherNew Regulatory SectionsNew Regulatory Sections

The service delivery plan -- 200.83The service delivery plan -- 200.83 FY 2006 and subsequent years allocation FY 2006 and subsequent years allocation

adjustments –-- 200.89(a)adjustments –-- 200.89(a) Retrospective and Prospective Re-Retrospective and Prospective Re-

interviewing – 200.89(b)interviewing – 200.89(b) Standard National COE – 200.89(c)Standard National COE – 200.89(c) Other quality control procedures – Other quality control procedures –

200.89(d)200.89(d)


Responsibilities Implementing Responsibilities Implementing Projects through a CNA and SDPProjects through a CNA and SDP

§§ 200.83, Preamble, pp. 44112 - 44113 200.83, Preamble, pp. 44112 - 44113

Requires States to include measurable Requires States to include measurable program outcomes in their MEP program outcomes in their MEP comprehensive plans.comprehensive plans.

Corrects a prior drafting error by Corrects a prior drafting error by conforming the regulatory language with conforming the regulatory language with the language in section 1306(a)(1)(D) of the language in section 1306(a)(1)(D) of the statute.the statute.

Eliminates any ambiguity from the drafting Eliminates any ambiguity from the drafting error about whether the outcomes are error about whether the outcomes are required in the plan.required in the plan.


MEP Allocations for FY 2006 and MEP Allocations for FY 2006 and future years future years

200.89(a)(1), Preamble, pp. 44113 - 44114200.89(a)(1), Preamble, pp. 44113 - 44114

Provides authority to adjust base-year Provides authority to adjust base-year allocations, for making FY 2006 and allocations, for making FY 2006 and subsequent year awards, by applying each subsequent year awards, by applying each State’s defect rate to its 2000-01 base State’s defect rate to its 2000-01 base year child counts.year child counts.

Intended to result in a better distribution Intended to result in a better distribution of MEP funds (more in line with the intent of MEP funds (more in line with the intent of the statute).of the statute).


MEP Allocations for FY 2006 and MEP Allocations for FY 2006 and future yearsfuture years

200.89(a)(2), Preamble, pp. 44114 - 44115200.89(a)(2), Preamble, pp. 44114 - 44115

Requires SEAs to use the results of the Requires SEAs to use the results of the retrospective re-interviewing to re-retrospective re-interviewing to re-document the eligibility of all children (and document the eligibility of all children (and remove all ineligible children) in the 2006-remove all ineligible children) in the 2006-2007 child counts. 2007 child counts.

SEAs will need to examine rolls and SEAs will need to examine rolls and remove all children judged to be ineligible remove all children judged to be ineligible based on types of problems identified in based on types of problems identified in its retrospective re-interview. its retrospective re-interview.

Can be carried out at annual Can be carried out at annual update/residency check.update/residency check.


Retrospective Re-interviewing Retrospective Re-interviewing 200.89(b)(1), Preamble, p. 44115 - 44116200.89(b)(1), Preamble, p. 44115 - 44116

Retrospective re-interviewing will be Retrospective re-interviewing will be required of --required of --

SEAs that did not do the voluntary re-SEAs that did not do the voluntary re-interview initiative (Two SEAs).interview initiative (Two SEAs).

SEAs whose defect rate was not accepted SEAs whose defect rate was not accepted by the Secretary (Small number of SEAs). by the Secretary (Small number of SEAs).

SEAs under corrective action because of SEAs under corrective action because of prospective re-interviewing or other prospective re-interviewing or other quality control checks.quality control checks.


Retrospective Re-interviewing Retrospective Re-interviewing 200.89(b)(1), Preamble, p. 44115 - 44116200.89(b)(1), Preamble, p. 44115 - 44116

Recognition that sample size and data Recognition that sample size and data burden is greater for retrospective re-burden is greater for retrospective re-interviewing than prospective re-interviewing than prospective re-interviewing.interviewing.

Independent re-interviewers are required.Independent re-interviewers are required. Retrospective re-interviewing is an Retrospective re-interviewing is an

allowable and necessary use of MEP funds.allowable and necessary use of MEP funds. The child count year in question when/if an The child count year in question when/if an

SEA is required to do retrospective re-SEA is required to do retrospective re-interviewing will depend on the reason interviewing will depend on the reason that the procedure is required. that the procedure is required.


Prospective Re-interviewingProspective Re-interviewing200.89(b)(2), Preamble, p. 44116 - 44119200.89(b)(2), Preamble, p. 44116 - 44119

Prospective re-interviewing needs to be Prospective re-interviewing needs to be done annually on current year eligibility done annually on current year eligibility determinationsdeterminations

Independent re-interviewers must be used Independent re-interviewers must be used at least once every three years.at least once every three years.



Much smaller sample size than for Much smaller sample size than for retrospective re-interviewing – to serve as an retrospective re-interviewing – to serve as an early warning system, not to adjust child early warning system, not to adjust child counts or allocations counts or allocations – Estimate approximately 50 re-interviews Estimate approximately 50 re-interviews

(approximately 152 hours of staff time) per State. (approximately 152 hours of staff time) per State. The reference to 100 re-interviews in the NPRM was The reference to 100 re-interviews in the NPRM was incorrect. incorrect.

– Small States may be able to do fewer than 50, Small States may be able to do fewer than 50, while large States should likely do more than 50.while large States should likely do more than 50.

Samples should be selected based on Samples should be selected based on identified risk factors. identified risk factors.



Telephone interviews are an allowable Telephone interviews are an allowable alternative when face-to-face is impractical.alternative when face-to-face is impractical.

Stop serving & remove from database, Stop serving & remove from database, children found to be ineligible.children found to be ineligible.

Implement corrective actions based on Implement corrective actions based on identified errors.identified errors.

Prospective re-interviewing is an allowable Prospective re-interviewing is an allowable and necessary use of MEP funds.and necessary use of MEP funds.

OME will issue non-regulatory guidance on OME will issue non-regulatory guidance on prospective (and retrospective) re-prospective (and retrospective) re-interviewing. interviewing.


Responsibilities Documenting Responsibilities Documenting Child EligibilityChild Eligibility

200.89(c), Preamble, pp. 44119 - 44120200.89(c), Preamble, pp. 44119 - 44120

Establishes and requires use of a standard, Establishes and requires use of a standard, national COE.national COE.

Still subject to change: Comments on final format, Still subject to change: Comments on final format, content, and burden of the COE (and other content, and burden of the COE (and other information collection concerns) in paperwork information collection concerns) in paperwork package 1810-0662-v.6 found atpackage 1810-0662-v.6 found athttp://http://edicsweb.ed.govedicsweb.ed.gov// should be directed to should be directed to OMB: OMB: [email protected][email protected], or (FAX) 202-, or (FAX) 202-395-6974; with a copy to OME (395-6974; with a copy to OME ([email protected]@ed.gov).).

Additional documentation is allowable and should Additional documentation is allowable and should be included if it supports/explains information on be included if it supports/explains information on COE. It can include other items currently collectedCOE. It can include other items currently collected by States that are not on the national COE.by States that are not on the national COE.


Responsibilities for a Quality Control Responsibilities for a Quality Control System Related to EligibilitySystem Related to Eligibility

200.89(d), Preamble, pp. 44120 - 44121200.89(d), Preamble, pp. 44120 - 44121

SEAs must establish and implement SEAs must establish and implement a system of quality controls for a system of quality controls for proper ID&R of eligible children. proper ID&R of eligible children. Must include (at a minimum):Must include (at a minimum):– Training on eligibility & documentation Training on eligibility & documentation

requirementsrequirements– Supervision & annual review and Supervision & annual review and

evaluation of ID&R practices of evaluation of ID&R practices of individual recruiters.individual recruiters.




Quality Control System (cont.)Quality Control System (cont.)– Formal process for resolving eligibility Formal process for resolving eligibility

questions and communicating this questions and communicating this information to all LOAs – not required to information to all LOAs – not required to be written copies.be written copies.

– Examination of each COE (can be done Examination of each COE (can be done at LOA or SEA level)at LOA or SEA level)

– Process for validating proper eligibility Process for validating proper eligibility determinations – to include prospective determinations – to include prospective re-interviewing.re-interviewing.




Quality Control System (cont.)Quality Control System (cont.)– Documentation to support Documentation to support

implementation & improvement of this implementation & improvement of this quality control system.quality control system.

– Process for implementing corrective Process for implementing corrective action if COEs do not sufficiently action if COEs do not sufficiently document eligibility.document eligibility.


Next StepsNext Steps Regulations generally become effective – Regulations generally become effective –

esp. the definitions -- as of 8/28/08.esp. the definitions -- as of 8/28/08. Information collection package still subject Information collection package still subject

to public comment – until 8/28/08 to public comment – until 8/28/08 Information collection likely to be finalized Information collection likely to be finalized

by OMB on/around 9/28/08.by OMB on/around 9/28/08. Send Qs you and your staff have re the Send Qs you and your staff have re the

regulations in writing to regulations in writing to [email protected]@ed.gov.. ED working on guidance – including a re-ED working on guidance – including a re-

interviewing manual and written responses interviewing manual and written responses to emailed Qs.to emailed Qs.


Next Steps (cont.)Next Steps (cont.)

ID&R Conference scheduled for Oct 6-9 in ID&R Conference scheduled for Oct 6-9 in Atlanta, GA – further discussion of Atlanta, GA – further discussion of regulations will occur at that time.regulations will occur at that time.

ED will present at statewide conferences ED will present at statewide conferences by invitation and depending on the by invitation and depending on the availability of funds/staff time.availability of funds/staff time.


AnyAny Questions?Questions?

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