Children are eligible to receive Migrant
Education Program services if they meet the definition of “migratory
child” and if the basis for their eligibility is properly recorded
on a certificate of eligibility (COE) or other written or electronic form.
The term "migratory child" is defined in section 1309(2) of
the statute and section 200.81(d) of the regulations.
Determining whether a child meets this definition is often difficult
and depends on a recruiter's assessment of information presented by a
parent or other family member, guardian, or other individual responsible
for the child.
According to sections 1115(b)(1)(A) and 1309(2) of the statute and section
200.81(d) of the regulations, a child is eligible for the Migrant Education
Program if:
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The child is younger than 22 and has not graduated from high school
or does not hold a high school equivalency certificate (this means
that the child is entitled to a free public education or is of an
age below compulsory school attendance); and
-
The child is a migrant agricultural worker or a migrant fisher or
has a parent, spouse, or guardian who is a migrant agricultural worker
or a migrant fisher; and
-
The child has moved within the preceding 36 months in order to obtain
(or seek) or to accompany (or join) a parent, spouse, or guardian
to obtain (or seek), temporary or seasonal employment in qualifying
agricultural or fishing work; and
-
The child has moved from one school district to another.
What is a migratory agricultural worker?
According to section 200.81(c) of the regulations, a migratory agricultural
worker is “a person who, in the preceding 36 months, has moved from
one school district to another . . . in order to obtain temporary or seasonal
employment in agricultural activities (including dairy work) as a principal
means of livelihood.”
How does a recruiter determine whether a worker moved with the intent
to seek or obtain qualifying work?
A recruiter must use sound and reasonable judgment to determine whether
the particular facts and circumstances support a determination that the
worker moved with this intent. In certain situations, the recruiter should
provide additional comments on the COE to explain his or her rationale.
