ID&R Manual

Part C: The Certificate of Eligibility (COE)

An Overview

The COE if the form the Kansas Migrant Education Program uses to document MEP eligibility determinations. In order to receive an MEP allocation from the U.S. Office of Migrant Education, the Kansas MEP must submit accurate child counts of eligible children to the Secretary of Education and must keep records of these eligibility determinations in order to verify that the counts are correct.

Furthermore, the Kansas MEP must maintain documentation of eligibility determinations to demonstrate that only children who met the definition of "migratory child" were served. Also, the only way for the Kansas MEP to monitor the operations of subgrantees effectively is to review records of eligibility determinations to verify that the subgrantee is administering the MEP in accordance with the law.

The COE

What are the minimum requirements of a COE?

At a minimum, a COE should include: the child’s name and date of birth; the child’s eligibility data; and the recruiter’s signature certifying that the family is eligible based on the information provided.

When should a recruiter provide additional comments on the COE?

A recruiter should provide additional comments on the COE when circumstances require the recruiter to explain why he or she found a particular child to be eligible for the MEP. This allows an independent reviewer to understand the recruiter’s rationale for the eligibility determination. The following are some circumstances that may require further explanation on the COE:

The household is supported, at least in part, by nonagricultural/nonfishing work, but the qualifying work is the principal means of livelihood (PMOL).
The eligibility determination is based on the agricultural or fishing activity as the worker’s "principal means of personal subsistence".
A "move" is of such brief duration or of such short distance (or both) that one could question whether any migration has occurred (e.g., intra-city or intra-town move that is across school district boundaries).
The worker asserts more than one reason for the move.
The worker did not obtain qualifying employment as a result of the move.
The qualifying move is from a country other than Mexico or Canada to a first place of residence in the United States .
The length of time between "to join" moves is longer than 3 months.
The work is unusual enough that an independent reviewer is unlikely to understand that it is a qualifying activity.
The work could be a part of a "series of activities" that, viewed together, would constitute year-round employment (e.g., mending fences and haying could be two parts of year-round ranching with one employer).
The work may be viewed by a independent reviewer as either temporary or year-round employment (e.g., collecting eggs or milking cows).
The eligibility determination is based on the findings of an industrial survey.

How extensive do comments need to be?

The additional comments must be sufficient to explain the circumstances that led the recruiter to believe that the child was eligible in those cases where standard information may not clearly establish the child’s eligibility. The recruiters should use reasonable judgement and document the basis for their decision that a child is eligible so that auditors and others who may review the COE at a later date will understand the circumstances that led the recruiter to this conclusion.

Must the parent or guardian sign the COE?

YES . The Kansas Migrant Education Program requires this practice for the following reasons:

a signature allows the parent or guardian to attest that the information they provided is accurate;
a parent signature identifies who provided the information so that the MEP may verify it at a later date, if necessary; and
a parent signature may be used to confirm that the recruiter informed the parent or guardian about the MEP and their rights under the Family Educational Rights & Privacy Act (FERPA).

Must the recruiter sign the COE?

YES. The recruiter’s signature certifies that:

the children are eligible for the MEP;
the information upon which the recruiter based the eligibility determination is correct to the best of his or her knowledge;
the parent or guardian agrees to allow the child to participate in the MEP for the duration of the eligibility period unless permission is withdrawn; and
the recruiter had informed the parent or guardian about FERPA.

Must the SEA certify the COE?

YES. As part of its verification process, the Kansas MEP must certify that it has reviewed the information on the COE and that the child(ren) are eligible based on the information presented.

Is the parent’s signature on the COE necessary for MEP personnel to access student records?

NO. Although FERPA generally provides that parents must authorize disclosure of identifiable information from student’s educational records, there are several exceptions to this rule. Some circumstances in which parental authorization is not required include:

The disclosure is to other school officials, including teachers, within the program whom the program has determined to have legitimate educational interests.
The disclosure is to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll.
The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction.
The disclosure is to authorized representatives of State and local education agencies for purposes of an audit or for the enforcement of or compliance with Federal legal requirements which relate to the program.
The disclosure is to comply with a judicial order or lawfully issued subpoena.

COE Instructions

The COE is a legal document used to explain the eligibility of each child who is enrolled in the Kansas Migrant Education Program and, therefore, who generates funds for the Kansas MEP. The COE must be completed by an individual authorized by the Kansas MEP to do recruitment for the MEP. The instructions should be strictly followed in order to ensure compliance with Federal eligibility regulations.

General Instructions

The COE is designed to document on a single form all eligible children in a family who have the same last name and the same Qualifying Arrival Date (QAD). A separate COE must be completed when there exists:

Different last names and are eligible; OR
Different Qualifying Arrival Dates (QAD) (see definition for #14); OR
Different Residency Dates (see definition for #21).

Only eligible children are to be listed on the COE. If some of the children of a family are not eligible, DO NOT list their names. Be certain to list children aged birth through 21 who have not graduated from high school or obtained a General Equivalency Degree (GED) whether or not the operating agency’s MEP plans to serve them. Children born after the QAD DO NOT qualify.

The instructions for completing the COE apply to the use of the form as either a "family form" in which all children in a family having the same QAD and Residency Dates are listed on the same form, or as an "individual child form" with a separate form completed for each child.

Once the COE is completed, both the WHITE AND YELLOW copies are sent to the Kansas Migrant Education Program (SEA) for certification. The PINK copy is given to the migrant parent or guardian. Once certified, the Kansas MEP will retain the WHITE copy and will return the YELLOW copy to the Local Migrant Education Project (LEA) for data entry into the Migrant Database and filing. Again, distribution of the completed COEs is as follows:

WHITE             Kansas Migrant Education Program (SEA)

YELLOW          Local Migrant Education Project (LEA)

PINK                Parent