6175
AR
Administrative Regulation
Migrant Education Program
Eligibility
A student age 3 to 15 years shall be eligible for the district's migrant education program if he/she is, or if his/her parent/guardian or spouse is, a migratory agricultural worker, migratory dairy worker, or migratory fisher and the student has moved from one district to another within the past 36 months in order to obtain temporary or seasonal employment or to accompany a parent/guardian or spouse to obtain such employment. (20 USC 6399; 34 CFR 200.81)
In providing these services, the district shall give first priority to migrant students who are failing, or most at risk of failing, to meet state content standards and challenging state performance standards, and whose education has been interrupted during the regular school year. (20 USC 6394)
A student who ceases to be a migrant student during a school term shall be eligible for services until the end of the term. If comparable services are not available through other programs, a student who is no longer migratory may continue to receive services for one additional school year. (20 USC 6394)
The district shall provide services to eligible private school students residing within the district on an equitable basis with participating public school students. (20 USC 7881; 34 CFR 200.87)
The Superintendent or designee shall monitor the accuracy, completeness and timeliness of eligibility determinations.
Program Components
The migrant education program shall provide: (Education Code 54443.1)
- Individual assessment of the educational and relevant health needs of each participating student, within 30 days of enrollment
- A general needs assessment summarizing the needs of the population to be served
- A comprehensive program to meet the educational, health and related needs of participating students which supplements the district program and which provides:
- Academic instruction
- Remedial and compensatory instruction
- Bilingual and multicultural instruction
- Counseling services
- Preschool services
- Other educational services that are not otherwise available in sufficient quantity or quality to eligible migrant students
- Instructional materials and equipment necessary for appropriate services
- Other related services needed to enable migrant students to participate effectively in instructional services
- The coordination and teaming of existing resources serving migrant students, such as bilingual-crosscultural education, health screening, and compensatory education
- A brief individual learning plan listing the services to be provided to each student, which shall be given to the parent/guardian in writing or at a parent/guardian conference, annually and each time the student moves to a new district
- Staffing and staff development plans and practices to meet the needs of students and implement the program
- Parent/guardian and community involvement as specified in Education Code 54444.2, including but not necessarily limited to the establishment of a parent/guardian advisory council
- Evaluations which include annual student progress and overall program effectiveness and quality control reports
The migrant education program shall provide for the same opportunities for parent involvement that are provided to parents/guardians for federal Title I programs. (20 USC 6394)
The district shall conduct summer school programs for eligible migrant students in accordance with Education Code 54444.3.
Parent Advisory Council
All parents/guardians of students enrolled in the migrant education program shall be invited to a general meeting and informed in a language they understand that they have the sole authority to decide the advisory council's composition. At least two-thirds of the advisory council shall consist of migrant parents/guardians elected by their peers. (Education Code 54444.2)
The membership of each parent advisory council shall be comprised of persons who are knowledgeable on the needs of migrant children. All parent/guardian candidates for the council shall be nominated by parents/guardians. Nonparent candidates, such as teachers, administrators, other school personnel, or students, shall be nominated by the groups they represent. All other community candidates shall be nominated by the parents/guardians. (Education Code 54444.2)
The parent/guardian advisory council shall meet at least six times during the year and shall: (Education Code 54444.4)
- Establish program goals, objectives and priorities
- Review annual needs, year-end assessment and program activities for each school, as well as individual learning plans
- Advise on the selection, development and reassignment of migrant education program staff
- Participate actively in planning and negotiating program applications and service agreements
- Perform all other responsibilities required under state and federal laws or regulations
The Superintendent or designee shall establish and implement training programs for advisory council members to enable them to carry out their responsibilities. The training program shall be developed in consultation with the council and shall include appropriate training materials in a language understandable to each member. (Education Code 54444.2)
The Superintendent or designee shall provide the council, and each member upon request, without charge, copies of all applicable state and federal migrant education statutes, rules, regulations and guidelines and applicable state and federal audits, monitoring reports and evaluations. (Education Code 54444.2)
Legal & Management References
State
5 CCR 3080 - Applicability of uniform complaint procedures to complaints regarding students with disabilities
5 CCR 4600-4670 - Uniform complaint procedures
Ed. Code 200 - Equal rights and opportunities in state educational institutions
Ed. Code 220 - Prohibition of discrimination
Ed. Code 234.7 - Student protections relating to immigration and citizenship status
Ed. Code 37220 - School calendar
Ed. Code 41601.6 - Extended school year program for migratory students
Ed. Code 48204.7 - Enrollment
Ed. Code 51225.1 - Exemption from district graduation requirements
Ed. Code 51225.2 - Transfer of coursework and credit
Ed. Code 51225.3 - High school graduation requirements
Ed. Code 54440-54445 - Students who are migratory
Federal
20 USC 6311 - State plan
20 USC 6391-6399 - Education of migratory children
20 USC 7881 - Participation of private school students
34 CFR 200.81-200.89 - Migrant education program
Management Resources
California Child Welfare Council Publication - Partial Credit Model Policy and Practice Recommendations
California Department of Education Publication - 2023 State Service Delivery Plan
U.S. Department of Education Publication - Education of Migratory Children Under Title I, Part C of the Elementary and Secondary Education Act of 1965, Non-Regulatory Guidance, rev. March 2017
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education, Migrant Education Office
Website - U.S. Department of Education, Office of Migrant Education
Website - West Ed, Migrant Student Information Network
Website - CSBA
Cross References
0415 AR Equity
1220 AR Citizen Advisory Committees
1312.3 AR Uniform Complaint Procedures
3553 AR Free And Reduced Price Meals
4121 AR Temporary/Substitute Personnel
4131 AR Staff Development
4231 BP Staff Development
4331 BP Staff Development
5111.1 AR District Residency
5113.1 AR Chronic Absence And Truancy
5125 AR Student Records
5132 AR Dress And Grooming
5141.26 AR Tuberculosis Testing
5141.31 AR Immunizations
5141.32 AR Health Screening For School Entry
5141.6 BP School Health Services
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
5148.2 AR Before/After School Programs
5148.3 AR Preschool/Early Childhood Education
6000 BP Concepts And Roles
6011 BP Academic Standards
6020 AR Parent Involvement
6115 AR Ceremonies And Observances
6162.51 BP State Academic Achievement Tests
6164.2 BP Guidance/Counseling Services
6164.5 AR Student Success Teams
6171 AR Title I Programs
6174 AR Education For English Learners
6177 BP Summer Learning Programs