Legislation, Regulations, and Guidance

• The Elementary and Secondary Education Act of 1965 ,Title I, Part C, as amended by the Every Student Succeeds Act of 2015– The Every Student Succeeds Act, which was signed into law on December 10, 2015, contains the major statutory provisions that apply to the Migrant Education Program. The new law supersedes the previous law.
  • View the most up to date information on the new law on the Every Student Succeeds Act page.

• Family Education Rights and Privacy Act (FERPA) – FERPA is a Federal law that protects the privacy of student education records (20 U.S.C. § 1232g; 34 CFR Part 99). The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

• Department of Education’s General Education Provisions Act (GEPA), Section 427 – Section 427 requires each applicant for funds (other than an individual person) to include in its application a description of the steps the applicant proposes to take to ensure equitable access to, and participation in, its federally assisted program for students, teachers, and other program beneficiaries with special needs.

• ESEA General Provisions (34 CFR Part 299): This part of the Department’s regulations establish uniform administrative rules for programs in ESEA Titles I through VII. As indicated in particular sections, certain provisions apply only to a specific group of programs.

• Education Department General Administrative Regulations (EDGAR): 34 CFR Parts 76, 77, 79, 81, 82, 84, 97, 98, and 99 apply to the MEP.

• The Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200): This part contains cross-program requirements that are applicable to the MEP.

All of Title 34 of the CFR and other pertinent regulations can be found on the Department of Education’s legislation, regulations and guidance pages.

• National certificate of eligibility (COE) form and instructions to be used by all States to document the basis of their determinations of the eligibility of a migratory child. – On August 4, 2023, the Office of Management and Budget (OMB) extended its approval of the information collection requirements associated with the National COE, for use through August 31, 2026. States have been given certain flexibility in meeting the requirements of the national COE and therefore should read the instructions carefully as they implement the requirements. The national COE is comprised of three parts:

1. 1. Required Data Elements, which States can organize according to State preference and need. Required Data Elements must be worded as they appear in the instructions, and cannot be changed or shortened, with specific exceptions noted;
   2. Required Data Sections, which States can place according to State preference and need, but that must be maintained in whole and unaltered, with specific exceptions noted; and
   3. State Required/Requested information, where space is available, that States can use to collect other data. State-specific required/requested information may be placed anywhere on the COE, except inside any of the Required Data sections. States may choose their own header (e.g., State name) on the COE, as long as it identifies the form as the Certificate of Eligibility. States may also include their State logos or seals.

Note: States must maintain any additional documentation the SEA requires to confirm that each child found eligible for the program meets all of the eligibility definitions. State responsibilities for documenting the eligibility of migratory children are found in 34 C.F.R. § 200.89(c).

• National COE template and instructions (PDF, 227KB)

If you have any questions about the national COE requirements, please contact your MEP program officer.