Office of Educational Services & Support

Title I Part C: Definition - Migratory 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 MEP if:

1. 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 entitle d to a free public education or is of an age below compulsory school attendance); and
2. 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
3. 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
4. Such employment is a principal means of livelihood; and
5. The child:
   1. Has moved from one school district to another; or
   2. In a State that is comprised of a single school district, has moved from one administrative area to another within such district; or
   3. 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 to engage in a fishing activity.  (This provision currently applies only to Alaska).