Legislation, Regulations, and Guidance

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis. The Electronic Code of Federal Regulations (eCFR) is not an official legal edition of the CFR, but is a continuously updated online version of the CFR and provides enhanced features that are not part of the published CFR.

• ESEA Title I Regulations ( 34 CFR Part 200)
  • The current regulations that apply to the Title I, Part C Migrant Education Program begin in Section 200.81.
  • A number of the sections of the Title I, Part A regulations affect migratory children (e.g., standards and assessments, schoolwide programs, and participation of eligible children in private schools.
  • 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.

     Policy Guidance

     • Non-Regulatory Guidance for Title I, Part C, Education of Migratory Children (March 2017) -This document is designed to help SEAs and LOAs use MEP funds to develop and implement supplemental educational and support services to assist migratory children. View all of the Department of Education’s major policy guidance on the policy guidance page.
     • MEP Non-Regulatory Guidance MS WORD (32 KB)