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Carlsbad USD |  AR  6175  Instruction

Migrant Education Program   

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A student age 3 to 21 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)

(cf. 6011 - Academic Standards)

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)

l. Individual assessment of the educational and relevant health needs of each participating student, within 30 days of enrollment

2. A general needs assessment summarizing the needs of the population to be served

3. A comprehensive program to meet the educational, health and related needs of participating students which supplements the district program and which provides:

a. Academic instruction

b. Remedial and compensatory instruction

c. Bilingual and multicultural instruction

(cf. 6141.6 - Multicultural Education)

(cf. 6174 - Education for English Language Learners)

d. Vocational instruction

(cf. 6178 - Vocational Education)

e. Counseling and career education services

(cf. 6164.2 - Guidance/Counseling Services)

f. Preschool services

(cf. 5148 - Child Care and Development)

g. Other educational services that are not otherwise available in sufficient quantity or quality to eligible migrant students

h. Instructional materials and equipment necessary for appropriate services

i. Other related services needed to enable migrant students to participate effectively in instructional services

j. The coordination and teaming of existing resources serving migrant students, such as bilingual-crosscultural education, health screening, and compensatory education

(cf. 5141.6 - Student Health and Social Services)

(cf. 5147 - Dropout Prevention)

(cf. 6171 - Title I Programs)

(cf. 6174 - Education for English Language Learners)

4. 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

5. Staffing and staff development plans and practices to meet the needs of students and implement the program

(cf. 4131 - Staff Development)

6. 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

(cf. 6020 - Parent Involvement)

7. 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)

(cf. 6171 - Title I Programs)

The district shall conduct summer school programs for eligible migrant students in accordance with Education Code 54444.3.

(cf. 6177 - Summer School)

Specific services to be provided shall be described in the district's service agreement with the regional service center for the migrant education program.

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)

1. Establish program goals, objectives and priorities

2. Review annual needs, year-end assessment and program activities for each school, as well as individual learning plans

3. Advise on the selection, development and reassignment of migrant education program staff

4. Participate actively in planning and negotiating program applications and service agreements

5. 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 Reference:


300-340 English language education for immigrant children

430-446 English Learner and Immigrant Pupil Federal Conformity Act

33308.5 CDE guidelines not binding

44253.5-44253.10 Certification for bilingual-cross-cultural competence

48985 Notices to parents in language other than English

51101 Rights of parents to information

51101.1 Rights for parents of English learners

52130-52135 Impacted languages act of 1984

52160-52178 Bilingual Bicultural Act

52180-52186 Bilingual teacher training assistance program

54000-54041 Programs for disadvantaged children

60810-60812 Assessment of language development

62001-62005.5 Evaluation and sunsetting of programs


4320 Determination of funding to support program to overcome the linguistic difficulties of English learners

11300-11316 English Language Learner Education

11510-11517 California English Language Development Test


1701-1705 Equal Educational Opportunities Act

6312 Local education agency plans

6801-6871 Title III, Language instruction for limited English proficient and immigrant students


Valeria G. v. Wilson, (9th Circuit) 2002 U.S. App. Lexis 20956

California Teachers Association et al. v. State Board of Education et al., (9th Circuit, 2001) 271 F.3d 1141

McLaughlin v. State Board of Education, (1999) 75 Cal.App.4th 196

Teresa P. et al v. Berkeley Unified School District et al, (1989) 724 F.Supp. 698

Casteneda v. Pickard, (5th Cir. 1981) 648 F.2d 989


83 Ops.Cal.Atty.Gen. 40 (2000)

Management Resources:


Guidelines for Reclassification of English Learners, September 2002

Accommodations for the California English Language Development Test, Revised 8/13/01





approved: July 26, 2006 Carlsbad, California