non-regulatory guidance on hep/camp eligibility

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Mission of the Office of Migrant Education To provide excellent leadership, technical assistance, and financial support to improve the educational opportunities and academic success of migrant children, youth, agricultural workers, fishers, and their families. Non- Non- Regulatory Regulatory Guidance on Guidance on HEP/CAMP HEP/CAMP Eligibility Eligibility Presented by Nathan Weiss Office of Migrant Education July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 1

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Non-Regulatory Guidance on HEP/CAMP Eligibility. Presented by Nathan Weiss Office of Migrant Education. Organization of Presentation. Overview of the guidance (purpose and general organization) - PowerPoint PPT Presentation

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Page 1: Non-Regulatory Guidance on HEP/CAMP Eligibility

Mission of the Office of Migrant EducationTo provide excellent leadership, technical assistance, and financial support to improve the educational opportunities and academic success of migrant children,

youth, agricultural workers, fishers, and their families.

Non-Regulatory Non-Regulatory Guidance on Guidance on HEP/CAMP HEP/CAMP EligibilityEligibility

Presented by Nathan WeissOffice of Migrant Education

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 1

Page 2: Non-Regulatory Guidance on HEP/CAMP Eligibility

Organization of PresentationOrganization of Presentation

Overview of the guidance (purpose and Overview of the guidance (purpose and general organization)general organization)Section by section discussion of the general Section by section discussion of the general topics involved, highlighting key issues in each topics involved, highlighting key issues in each sectionsectionPractice scenarios – Using the guidance as a Practice scenarios – Using the guidance as a resource for answering eligibility questions. resource for answering eligibility questions. Q&A in time remainingQ&A in time remaining

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 2

Page 3: Non-Regulatory Guidance on HEP/CAMP Eligibility

Purpose of Non-Regulatory GuidancePurpose of Non-Regulatory Guidance

Non-Regulatory Guidance is intended to clarify Non-Regulatory Guidance is intended to clarify the provisions in the statute and regulations, the provisions in the statute and regulations, and to offer information on the Department’s and to offer information on the Department’s interpretations of them interpretations of them

This guidance does not impose requirements This guidance does not impose requirements beyond those in the Higher Education Act beyond those in the Higher Education Act (HEA) and other Federal statutes and (HEA) and other Federal statutes and regulations that apply to HEP/CAMP regulations that apply to HEP/CAMP

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 3

Page 4: Non-Regulatory Guidance on HEP/CAMP Eligibility

Organization of the Document Organization of the Document This guidance document is divided into nine sections, This guidance document is divided into nine sections, labeled as letters A-Ilabeled as letters A-I

The sections are as follows:The sections are as follows:A.A.RecruitmentRecruitmentB.B.EligibilityEligibilityC.C.Determining NeedDetermining NeedD.D.Farmwork under 34 CFR 206.3(a)(1)Farmwork under 34 CFR 206.3(a)(1)E.E.Temporary and Seasonal EmploymentTemporary and Seasonal EmploymentF.F.Primary EmploymentPrimary EmploymentG.G.Qualifying work under 34 CFR 206.3(a)(2)Qualifying work under 34 CFR 206.3(a)(2)H.H.Other Eligibility and Recruitment IssuesOther Eligibility and Recruitment IssuesI.I. Documenting Eligibility Documenting Eligibility July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 4

Page 5: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section A: Recruitment Section A: Recruitment This section is really more programmatic than policy in natureThis section is really more programmatic than policy in nature

However, two important policy requirements are discussed here: However, two important policy requirements are discussed here: 1) Question A1 discusses 34 CFR 206.20(d)(1) which requires each 1) Question A1 discusses 34 CFR 206.20(d)(1) which requires each applicant for a HEP or CAMP project to provide an assurance with its applicant for a HEP or CAMP project to provide an assurance with its application that, if awarded a grant, it will develop and implement a application that, if awarded a grant, it will develop and implement a plan for identifying, informing, and recruiting eligible participants plan for identifying, informing, and recruiting eligible participants who are most in need of the academic and supporting services and who are most in need of the academic and supporting services and financial assistance provided by the project. financial assistance provided by the project.

2) Changes to recruitment plan or area are most likely allowable, but 2) Changes to recruitment plan or area are most likely allowable, but especially if these are significant, grantees should confer with their especially if these are significant, grantees should confer with their program officer to make sure the proposed change is within the program officer to make sure the proposed change is within the project’s scope and objectives (e.g. adding a satellite site 50 miles project’s scope and objectives (e.g. adding a satellite site 50 miles from home campus probably OK, but going from recruiting locally to from home campus probably OK, but going from recruiting locally to in several other states may be questionable. in several other states may be questionable.

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 5

Page 6: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section B: EligibilitySection B: EligibilityThis section contains the lists of participant eligibility requirements This section contains the lists of participant eligibility requirements

for HEP and CAMP (B1 and B2) for HEP and CAMP (B1 and B2)

Useful explanations on establishing the “immediate family” Useful explanations on establishing the “immediate family” relationship in questions B3-B6relationship in questions B3-B6

Note that B5 defines “spouse” in a very non-prescriptive wayNote that B5 defines “spouse” in a very non-prescriptive way

Question B7 important to note because it clarifies OME’s position Question B7 important to note because it clarifies OME’s position on what is “the equivalent of a secondary school diploma for HEPon what is “the equivalent of a secondary school diploma for HEP

Question B9 offers the regulatory definition of “full-time” for CAMP Question B9 offers the regulatory definition of “full-time” for CAMP students, and B10-B11 discuss first year completion. However, more students, and B10-B11 discuss first year completion. However, more information on these requirements will be available in the CAMP information on these requirements will be available in the CAMP APR, and projects should also rely on those definitions when APR, and projects should also rely on those definitions when considering these concepts considering these concepts

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 6

Page 7: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section C: Determining NeedSection C: Determining NeedWhile the statute and regulations do require HEP/CAMP projects to While the statute and regulations do require HEP/CAMP projects to

establish that participants need the academic and supporting establish that participants need the academic and supporting services and financial assistance provided by the project, they say services and financial assistance provided by the project, they say nothing on specifically what that means nothing on specifically what that means

As such, OME has traditionally left the specifics of making these As such, OME has traditionally left the specifics of making these determinations to the projects.determinations to the projects.

This section does stress, however, the need for the grantee to This section does stress, however, the need for the grantee to establish a written policy on making these determinations, so that establish a written policy on making these determinations, so that decisions are consistent and based on clear criteria decisions are consistent and based on clear criteria

Questions C2 and C3 offer some suggestions on making “need” Questions C2 and C3 offer some suggestions on making “need” determinations. determinations.

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 7

Page 8: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section D: Farmwork under 34 CFR Section D: Farmwork under 34 CFR 206.3(a)(1) 206.3(a)(1)

This section discusses many of the factors involved in This section discusses many of the factors involved in establishing qualifying farmwork for students coming in establishing qualifying farmwork for students coming in through the 75 days in 24 months criterion, including:through the 75 days in 24 months criterion, including:

1) Key definitions from the regulations (e.g. 1) Key definitions from the regulations (e.g. farmwork, seasonal farmworker, migrant farmworker, farmwork, seasonal farmworker, migrant farmworker, agricultural activity) agricultural activity)

2) Suggested definitions for other terms used but 2) Suggested definitions for other terms used but not defined in the program regulations (e.g. crop, not defined in the program regulations (e.g. crop, poultry, livestock, fish farm)poultry, livestock, fish farm)

3) Examples of qualifying activities in the various 3) Examples of qualifying activities in the various categories, as well as examples of what would categories, as well as examples of what would not not qualify qualify

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 8

Page 9: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section D (continued) Section D (continued) The section also contains some important clarifications The section also contains some important clarifications on concepts around qualifying work, including: on concepts around qualifying work, including:

1) Packing and sorting have long been a somewhat 1) Packing and sorting have long been a somewhat grey area in eligibility determinations. We attempt to grey area in eligibility determinations. We attempt to clarify in questions D6, D7, and D19 clarify in questions D6, D7, and D19

2) Dairy products are defined in D10. This has 2) Dairy products are defined in D10. This has caused some confusion in the past, since many things caused some confusion in the past, since many things commonly referred to as dairy products are actually commonly referred to as dairy products are actually processed processed

3) Exclusion of slaughtering mentioned in D20.3) Exclusion of slaughtering mentioned in D20.4) Question D21 distinguishes between when 4) Question D21 distinguishes between when

transportation of agricultural products does, and doesn’t, transportation of agricultural products does, and doesn’t, qualifyqualifyJuly 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 9

Page 10: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section E: Temporary and Seasonal Section E: Temporary and Seasonal Employment Employment

Explains the requirement that qualifying work under Explains the requirement that qualifying work under 75 days/24 months must be seasonal or temporary in 75 days/24 months must be seasonal or temporary in nature, defines these terms, and offers some nature, defines these terms, and offers some suggestions on how to make these determinationssuggestions on how to make these determinations

Note that E4 explains that a series of temporary or Note that E4 explains that a series of temporary or seasonal jobs for the same employer, that end up seasonal jobs for the same employer, that end up being year-round in aggregate, do not qualify as being year-round in aggregate, do not qualify as temporary or seasonal. temporary or seasonal.

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 10

Page 11: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section F: Primary EmploymentSection F: Primary Employment

The requirement that the migrant or seasonal The requirement that the migrant or seasonal farmwork be the worker’s primary farmwork be the worker’s primary employment during the period in which that employment during the period in which that work was done is explained and definedwork was done is explained and defined

Question F2 offers a scenario to highlight that Question F2 offers a scenario to highlight that the period of primary employment in migrant the period of primary employment in migrant or seasonal farmwork does not have to be or seasonal farmwork does not have to be continuouscontinuous

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 11

Page 12: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section G: Qualifying work under 34 Section G: Qualifying work under 34 CFR 206.3(a)(2) CFR 206.3(a)(2)

This section outlines the requirements for participants who This section outlines the requirements for participants who qualify through eligibility for or participation in the MEP or qualify through eligibility for or participation in the MEP or NFJP programsNFJP programs

While the eligibility requirements for the MEP and NFJP are While the eligibility requirements for the MEP and NFJP are addressed here, this section stresses in questions G4 and G9 addressed here, this section stresses in questions G4 and G9 that HEP/CAMP staff should leave these eligibility that HEP/CAMP staff should leave these eligibility determinations to the staff of those programs and should determinations to the staff of those programs and should maintain the documentation of those decisions maintain the documentation of those decisions

Important distinction between the 24 month window for Important distinction between the 24 month window for qualifying through MEP or NFJP that applies to HEP, but not qualifying through MEP or NFJP that applies to HEP, but not to CAMP, is discussed in in G11 and G12 to CAMP, is discussed in in G11 and G12

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 12

Page 13: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section H: Other Eligibility and Section H: Other Eligibility and Recruitment IssuesRecruitment Issues

Important to highlight the discussion of when Important to highlight the discussion of when eligibility must be re-established for HEP/CAMP eligibility must be re-established for HEP/CAMP students students Question H5 explains how projects can continue Question H5 explains how projects can continue serving students that remain engaged in the serving students that remain engaged in the project and do not “withdraw” until a GED is project and do not “withdraw” until a GED is attained or the first academic year is completed attained or the first academic year is completed H6 provides cleared language from the H6 provides cleared language from the Department regarding the civil status Department regarding the civil status requirements for CAMP students requirements for CAMP students

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 13

Page 14: Non-Regulatory Guidance on HEP/CAMP Eligibility

Section I: Documenting Eligibility Section I: Documenting Eligibility This section further clarifies the documentation This section further clarifies the documentation requirements for students qualifying through the requirements for students qualifying through the three means of eligibility (75 days/24 months, MEP, three means of eligibility (75 days/24 months, MEP, and NFJP)and NFJP)Again stresses that MEP and NFJP determinations Again stresses that MEP and NFJP determinations should be made by staff of those programs, and should be made by staff of those programs, and HEP/CAMP projects should maintain documentation HEP/CAMP projects should maintain documentation of those determinationsof those determinationsQuestion I7 explains how to determine the 24 month Question I7 explains how to determine the 24 month period for eligibility determinations period for eligibility determinations

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 14

Page 15: Non-Regulatory Guidance on HEP/CAMP Eligibility

Scenario 1Scenario 1Read the scenario below from a HEP/CAMP recruiter and decide what you think the Read the scenario below from a HEP/CAMP recruiter and decide what you think the answer would be, and what questions you would refer to for a reference:answer would be, and what questions you would refer to for a reference:

Hey there project director,Hey there project director,I met a potential student and I want to find out if she I met a potential student and I want to find out if she qualifies for HEP. She is 17, doesn’t have a high school qualifies for HEP. She is 17, doesn’t have a high school diploma and wants to get one. She lives with her diploma and wants to get one. She lives with her grandfather and he supports her. The grandfather has grandfather and he supports her. The grandfather has been working for the last year at a place that sorts and been working for the last year at a place that sorts and packs tomatoes. The facility is not on a farm, but also packs tomatoes. The facility is not on a farm, but also is not a part of a processing facility. Would she qualify? is not a part of a processing facility. Would she qualify?

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 15

Page 16: Non-Regulatory Guidance on HEP/CAMP Eligibility

Scenario 1 Sample ResponseScenario 1 Sample Response

Dear Recruiter,Dear Recruiter,Thanks for asking. I looked at the eligibility guidance and I think I Thanks for asking. I looked at the eligibility guidance and I think I figured it out. First, in this case the grandfather is an “immediate figured it out. First, in this case the grandfather is an “immediate family member” by the definitions in the regulations, so she could family member” by the definitions in the regulations, so she could qualify through his work. You can refer to questions B4 and B6 in the qualify through his work. You can refer to questions B4 and B6 in the guidance for more information on qualifying immediate family guidance for more information on qualifying immediate family members. Second, it does appear that the grandfather’s work would be members. Second, it does appear that the grandfather’s work would be qualifying. Please refer to questions D7 and D19 in the guidance for qualifying. Please refer to questions D7 and D19 in the guidance for more information on when sorting and packing may be considered more information on when sorting and packing may be considered qualifying activities. She appears to be eligible for HEP, then, assuming qualifying activities. She appears to be eligible for HEP, then, assuming all other eligibility factors are met, such as need and not currently all other eligibility factors are met, such as need and not currently being enrolled in school. being enrolled in school.

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 16

Page 17: Non-Regulatory Guidance on HEP/CAMP Eligibility

Scenario 2 Scenario 2 Hey there,Hey there,I spoke with a potential CAMP student that I want to I spoke with a potential CAMP student that I want to confirm would qualify for the program. His father confirm would qualify for the program. His father works at an apple farm driving a truck that takes the works at an apple farm driving a truck that takes the picked apples to the packing shed on the farm. The picked apples to the packing shed on the farm. The father worked at the farm full-time but seasonal basis father worked at the farm full-time but seasonal basis from September –November of 2010 and again from from September –November of 2010 and again from September-November of 2011. The student would September-November of 2011. The student would begin our CAMP program in September of 2012. Would begin our CAMP program in September of 2012. Would this student qualify? this student qualify?

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 17

Page 18: Non-Regulatory Guidance on HEP/CAMP Eligibility

Scenario 2 Sample ResponseScenario 2 Sample ResponseDear Recruiter,Dear Recruiter,Thanks for checking in. The work that his father is doing Thanks for checking in. The work that his father is doing does appear to be qualifying seasonal farmwork. Question does appear to be qualifying seasonal farmwork. Question D21 of the eligibility guidance explains more about when D21 of the eligibility guidance explains more about when driving a truck would be a qualifying activity. Also, driving a truck would be a qualifying activity. Also, questions D3 and F2 of the guidance explain that the 75 questions D3 and F2 of the guidance explain that the 75 days or more of qualifying work do not need to be days or more of qualifying work do not need to be continuous. Finally, the qualifying work does all appear to continuous. Finally, the qualifying work does all appear to be within 24 months of the student beginning to receive be within 24 months of the student beginning to receive services other than recruitment, in this case starting the services other than recruitment, in this case starting the program, as explained in question I7. It seems that, if all program, as explained in question I7. It seems that, if all other eligibility requirements are met (admission to IHE, other eligibility requirements are met (admission to IHE, full-time status, etc), this student would qualify for CAMP. full-time status, etc), this student would qualify for CAMP. July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 18

Page 19: Non-Regulatory Guidance on HEP/CAMP Eligibility

Scenario 3Scenario 3Hello Project Director,Hello Project Director, I just met a potential HEP student and I want to get I just met a potential HEP student and I want to get your opinion about if she would qualify. She is 18, not your opinion about if she would qualify. She is 18, not in school, and doesn’t have a high school diploma. in school, and doesn’t have a high school diploma. Between February and July of 2009 she did 90 days of Between February and July of 2009 she did 90 days of work on a temporary basis at a fish farm. She actually work on a temporary basis at a fish farm. She actually participated in our HEP project under our last grant participated in our HEP project under our last grant back in 2010, but had to withdraw. Can we enroll her back in 2010, but had to withdraw. Can we enroll her based on her past participation in our HEP? based on her past participation in our HEP?

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 19

Page 20: Non-Regulatory Guidance on HEP/CAMP Eligibility

Scenario 3 Sample ResponseScenario 3 Sample ResponseHey there Recruiter,Hey there Recruiter,Good work making contact with potential students out there, but I don’t Good work making contact with potential students out there, but I don’t think this person would qualify. There are a couple of things to consider think this person would qualify. There are a couple of things to consider here. First, temporary work on a fish farm definitely qualifies, so we were here. First, temporary work on a fish farm definitely qualifies, so we were right to accept her back in 2010. More about fish farms is in the eligibility right to accept her back in 2010. More about fish farms is in the eligibility guidance in question D26. Second, we need to consider if eligibility needs to guidance in question D26. Second, we need to consider if eligibility needs to be re-established for this student. According to question H3, we need to re-be re-established for this student. According to question H3, we need to re-establish eligibility for all students reported as withdrawals on the APR if they establish eligibility for all students reported as withdrawals on the APR if they want to return to the program. Since the qualifying work is now outside the want to return to the program. Since the qualifying work is now outside the past 24 months (see I7 for more on determining this 24 month window), it past 24 months (see I7 for more on determining this 24 month window), it does not look like she meets the temporary or seasonal farmwork criterion. does not look like she meets the temporary or seasonal farmwork criterion. Unless she has done qualifying work more recently, she would not qualify. Unless she has done qualifying work more recently, she would not qualify.

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 20

Page 21: Non-Regulatory Guidance on HEP/CAMP Eligibility

ConclusionConclusionHopefully this presentation helped you become a bit more comfortable with using the guidance as a resource for making participant eligibility determination.

Now that this guidance has been distributed, we begin the process of collecting the relevant frequently asked questions that come in that are not addressed by this guidance so that we can make necessary updates in the future.

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 21

Page 22: Non-Regulatory Guidance on HEP/CAMP Eligibility

QUESTIONS?QUESTIONS?Nathan WeissOffice of Migrant Education400 Maryland Ave. SW, 3E-338Washington, DC 20202-6135202-260-7496 phone202-205-0089 [email protected]

July 18-19, 2012 2012 HEP/CAMP Annual Directors Meeting 22