Dear Migrant Education Program Directors and Identification & Recruitment Coordinators:

State Guidance for Using the Federal Flexibility in Obtaining Interviewee Signatures on Certificates of Eligibility

The California Department of Education (CDE) Migrant Education Office (MEO) continues to monitor guidance from the US Department of Education (ED) Office of Migrant Education (OME) and health and safety concerns affecting Migrant Education Program (MEP) identification and recruitment (I&R) activities locally and nationally. The July 2022 letter from OME extended flexibility in obtaining signatures of interviewees on Certificates of Eligibility (COEs) to situations “when in-person contact with migratory families is impractical”. This flexibility allowed California’s MEP to continue enrolling eligible families and youths remotely (via telephone or other method) during circumstances that have included the pandemic, large fires, and flooding.

In order to reach greater numbers of eligible migratory children and subsequently provide services that address their unique educational needs, the CDE is issuing the following update to guidance for California I&R activities effective immediately. This guidance supersedes prior guidance issued for conducting state I&R activities during COVID-19 and remains in effect until ED updates or rescinds the policy allowing COE signature flexibility.

Consistent with OME’s July 2022 letter, the California MEP continues to accept verbal interviewee affidavits for COEs (i.e., interviewees’ verbal agreements in lieu of signatures) for circumstances relating to safety and practicality that are in accordance with the protocol in the Remote Recruiting Protocol attachment. However, for the long-term best interests of MEP families, youths, staff members, and the state MEP, California’s MEP subgrantees are to actively and intentionally conduct safe in-person outreach and interviewing to the extent possible, in accordance with their local health guidance (e.g., county or district).

This means that where feasible, allowable, and safe, Recruiters and other I&R support staff are required to conduct recruitment activities in-person.

In addition, please note:

1. As allowed by OME’s July 2022 letter, in-person interviewee signatures can be waived for reasons of safety and practicality, as long as the instructions provided in the Attachment A: Remote Recruiting Protocol, are closely followed. The protocol and the accompanying Examples of Appropriate Safety and Practical Considerations table will be updated as additional information is gathered from MEP subgrantees during implementation of this guidance.
2. Subgrantees are responsible for (1) staying current on the county and district health policies and guidelines that may affect all or some of their coverage areas, (2) regularly assessing their local ability for cautious and safe operations, and (3) modifying their local I&R practices immediately (including returning to full remote recruiting if necessary), should the California Department of Public Health, the Governor, or local health department issue stricter orders.
3. Subgrantees should re-assess their local quality control plan, policies, and procedures and update them as necessary to ensure that COE quality and proper eligibility determinations continue despite the use of mixed recruitment approaches locally (in other words, all COEs are completed correctly and accurately regardless of whether the recruitment interview is completed remotely or in-person and when verbal authorization is obtained in lieu of the interviewee’s signatures).

The CDE MEO will provide updates to guidance as necessary in response to updates in federal guidance, public health conditions, and state performance.

Questions regarding state I&R policy can be directed to Jamie Contreras, Education Programs Consultant, MEO, by phone at 916-319-0391 or by email at jcontrer@cde.ca.gov.

Thank you for everything you do to care for the health and well-being of your staff and families.

Sincerely,

/s/

Juli Auld, Administrator
Migrant Education Office

Attachment - Remote Recruiting Protocol