Under section 418A(b)(1) of the HEA2 and 34 CFR 206.3(a) and (b), an individual is eligible to participate in a HEP project if he or she:
- Has, or has at least one immediate family member who has, spent a minimum of 75 days during the past 24 months as a migrant or seasonal farmworker (Verifiable employment must be in an agricultural job recognized by the US Department of Labor) or
- Is eligible to participate, or has participated within the past 24 months, in the MEP or the NFJP; and
- Has not have earned a secondary school diploma or its equivalent; and
- Is not be currently enrolled in an elementary or secondary school; and
- Is 16 years of age or over, or beyond the age of compulsory school attendance in the State in which he or she resides; and
- Is determined by the grantee to need the academic and supporting services and financial assistance provided by the project in order to attain the equivalent of a secondary school diploma and to gain employment or be placed in an institution of higher education (IHE) or other postsecondary education or training.