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 (e) 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,
spouse, or guardian.
According to sections 1115(b)(1)(A) and 1309(2) of the statute and sections
200.81 (e) and 200.81(g) of the regulations, a child is eligible for the Migrant
Education Program if:
- 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; and
- The child has changed from one residence to another residence due to
economic necessity.
What is a migratory agricultural worker?
According to section 200.81 (d) 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 employment or seasonal
employment in agricultural work,including dairy work.
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, and/or obtain supporting documentation, to explain his or
her rationale.
