august 2008 mep regulations teleconferences 1 a migratory child is: §200.81(e), preamble pp. 44106...

August 2008August 2008 MEP Regulations TeleconferencesMEP Regulations Teleconferences 11

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.

august 2008 mep regulations teleconferences 1 a migratory child is: §200.81(e), preamble pp. 44106...

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