What is the definition of a “migratory child"?
According to sections 1115(c)(1)(A) (incorporated into the MEP by sections 1304(c)(2), 1115(b), and 1309(3) of the ESEA, and 34 C.F.R. § 200.103(a)), a child is a “migratory child” if the following conditions are met:
1. The child is not older than 21 years of age; and
2. (a) The child is entitled to a free public education (through grade 12) under State law, or
(b)The child is not yet at a grade level at which the LEA provides a free public education, and
3. The child made a qualifying move in the preceding 36 months as a migratory agricultural worker or a migratory fisher, or did so with, or to join a parent/guardian or spouse who is a migratory agricultural worker or a migratory fisher; and
4. With regard to the qualifying move identified in paragraph 3, above, the child moved due to economic necessity from one residence to another residence, and—
(a) From one school district to another; or
(b) In a state that is comprised of a single school district, has moved from one administrative area to another within such district; or
(c) Resides in a school district of more than 15,000 square miles and migrates a distance of 20 miles or more to a temporary residence.