H4. Which children who attend private schools are eligible to receive MEP services? Children who attend private school are eligible to receive MEP services if they: 1) meet the statutory and regulatory definition of a migrant child; 2) meet the priority for services criteria in section 1304(d); and 3) have special educational needs identified through the comprehensive needs assessment and service delivery plan. State’s H5. May a local operating agency decide not to serve eligible migrant private school children because there are too few of them to serve? Yes. The SEA and local operating agency have the discretion to determine what number of eligible students is too few to serve, so long as this determination is made on an equitable basis (i.e., on the same basis as public schools). If it is feasible and equitable, agencies may adopt alternative methods that are cost-effective to serve small numbers, such as individual tutoring programs, professional development activities with the classroom teachers of eligible migrant students, or other strategies. H6. If private school officials do not wish to have their children participate in the MEP, is the SEA or local operating agency still required to serve these children? No. If, after consultation with private school officials, the officials do not wish to have their students participate in the MEP, neither the SEA nor the local operating agency are required to serve these children. However, in its consultation, the local operating agency should explain the various ways in which the agency can help provide services to children attending private schools. H7. Should the SEA assess the needs of private school children residing in the State? Yes. Through the consultation process with private school officials, the local operating agency may assess the needs of eligible migrant children enrolled in private schools in its service area. These children would then be included in the statewide needs assessment. H8. Must the services the SEA provides private school children be the same as those it provides public school children? No. Although the statute and regulations require SEAs to provide services on an equitable basis, the services do not have to be the same in order to be equitable. If the needs assessment reveals that private school children have different special educational needs than public school migrant children, the services offered should address those needs. (See 34 CFR 299.7(c).) H9. How does an agency determine whether services are equitable? Section 299.7(b)(2) of the regulations provides that services are equitable if the agency:
H4. Which children who attend private schools are eligible to receive MEP services? Children who attend private school are eligible to receive MEP services if they: 1) meet the statutory and regulatory definition of a migrant child; 2) meet the priority for services criteria in section 1304(d); and 3) have special educational needs identified through the State’s comprehensive needs assessment and service delivery plan. H5. May a local operating agency decide not to serve eligible migrant private school children because there are too few of them to serve? Yes. The SEA and local operating agency have the discretion to determine what number of eligible students is too few to serve, so long as this determination is made on an equitable basis (i.e., on the same basis as public schools). If it is feasible and equitable, agencies may adopt alternative methods that are cost-effective to serve small numbers, such as individual tutoring programs, professional development activities with the classroom teachers of eligible migrant students, or other strategies. H6. If private school officials do not wish to have their children participate in the MEP, is the SEA or local operating agency still required to serve these children? No. If, after consultation with private school officials, the officials do not wish to have their students participate in the MEP, neither the SEA nor the local operating agency are required to serve these children. However, in its consultation, the local operating agency should explain the various ways in which the agency can help provide services to children attending private schools. H7. Should the SEA assess the needs of private school children residing in the State? Yes. Through the consultation process with private school officials, the local operating agency may assess the needs of eligible migrant children enrolled in private schools in its service area. These children would then be included in the statewide needs assessment. H8. Must the services the SEA provides private school children be the same as those it provides public school children? No. Although the statute and regulations require SEAs to provide services on an equitable basis, the services do not have to be the same in order to be equitable. If the needs assessment reveals that private school children have different special educational needs than public school migrant children, the services offered should address those needs. (See 34 CFR 299.7(c).) H9. How does an agency determine whether services are equitable? Section 299.7(b)(2) of the regulations provides that services are equitable if the agency: