On Wednesday, August 6, 2025, the New Jersey Department of Education (NJDOE) released a reminder of the federal requirement for identifying and recruiting eligible migratory students residing in New Jersey, and clarified the distinction between the terms “migrant” and “immigrant.”

Migrant vs. Immigrant

 As defined under ESSA Section 1309 (2), a migrant student is:

 • 21 years of age or younger;

 • Who is, or whose parent/guardian is, a migratory fisher, dairy worker, lumber, or agricultural worker;

• Who in the preceding three years has moved from one school district to another in order for the worker to obtain temporary or seasonal employment in agricultural or fishing work; and

• Has received a National Certificate of Eligibility (COE), which is an official record of eligibility determination for migrant students.

Under Section 3201 of the Every Student Succeeds Act (ESSA), the term “immigrant children and youth” refers to individuals who:

 • Are aged 3 through 21; Were not born in any state; and

• Have not been attending one or more schools in any one or more states for more than 3 full academic years.

What is the Migrant Education Program?

 The purpose of the federal Migrant Education Program (MEP) is:

(1) to ensure eligible children of migratory farm workers and migratory fishers are provided with appropriate educational support services to help reduce the educational lags that result from repeated moves; and

 (2) to ensure these children have the opportunity to meet the same challenging state educational content and student performance standards that all children are expected to meet.

Two grantees were selected through a competitive grant process to assist local education agencies (LEAs) with identifying, recruiting, and providing services to eligible migratory children, youth, and their families—one serving the Northern region of the state and the other serving the Southern region. It is important for LEAs to know their regional MEP contact to ensure all eligible students are identified and receive the National COE in order to secure adequate funding to support migrant students across New Jersey’s 21 counties.

LEA Responsibilities

 The New Jersey Department of Education (NJDOE) has assured the U.S. Department of Education that migratory students, including out-of-school youth (OSY), would be actively identified and recruited year-round in every district in the state. Identification means determining the presence and location of migratory children. Recruitment means contacting the migratory families, describing the benefits of the NJDOE MEP to the child and their family, obtaining the necessary information to document the child’s eligibility, and enrolling them in the MEP.

Key Notes

• Do not designate a student as a migrant student in NJSLEDS until you are notified of the students’ eligibility by your regional MEP. Upon notification from the region, an LEA then designates the student’s migrant status in NJSLEDS.

 • Children cannot receive MEP services without a National COE – the official record of eligibility determination for migrant students.

 • For more information about the New Jersey MEP, please refer to the resource Supporting Migrant Students.

 • A requirement of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA), is that LEAs provide consultation for equitable services for nonpublic school students, their teachers, and other educational personnel. Please refer to the April 23, 2025 broadcast memo.

To view the full text of the memo, please click here.

Contact Information

 For questions related to the Migrant Education Program (MEP), email migranted@doe.nj.gov.