Definitions: Migratory Child

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Migratory Child

According to sections 1115(b)(1)(A) (incorporated into the Migrant Education Program by virtue of sections 1304(c)(2) and 1309(2)) and sections 200.81(e) and 200.103(a) of the regulations for Title I, Part C, Education of Migratory Children, under the Elementary and Secondary Education Act of 1965 (ESEA), a child is a “migratory child” and is eligible for Migrant Education Program services if all of the following conditions are met:

The child is not older than 21 years of age; and
The child is entitled to a free public education (through grade 12) under state law or is below the age of compulsory school attendance; and
The child is a migratory agricultural worker or a migratory fisher, or the child has a parent, spouse, or guardian who is a migratory agricultural worker or a migratory fisher; and
The child moved within the preceding 36 months in order to seek or obtain qualifying work, or to accompany or join the migratory agricultural worker or migratory fisher identified in paragraph 3, above, in order to seek or obtain qualifying work; and
With regard to the move identified in paragraph 4, above, the child:
- Has moved from one school district to another; or
- In a state that is comprised of a single school district, has moved from one administrative area to another within such district; or
- 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 or to accompany or join a parent, spouse, or guardian who engages in a fishing activity. (This provision currently applies only to Alaska.)

Migratory Agricultural Worker

According to section 200.81(d) of the regulations for Title I, Part C, Education of Migratory Children, a “migratory agricultural worker” is a person who, in the preceding 36 months, has moved from one school district to another, or, in a state that is comprised of a single school district, from one administrative area to another, in order to obtain temporary employment or seasonal employment in agricultural work (including dairy work).

Migratory Fisher

According to section 200.81(f) of the regulations for Title I, Part C, Education of Migratory Children, a “migratory fisher” is a person who, in the preceding 36 months, has moved from one school district to another, or, in a state that is comprised of a single school district, from one administrative area to another, in order to obtain temporary employment or seasonal employment in fishing work. The definition also includes a person who, in the preceding 36 months, resided in a school district of more than 15,000 square miles and moved a distance of 20 miles or more to a temporary residence in order to obtain temporary employment or seasonal employment in fishing work.

Move

Under section 200.81(g) of the regulations for Title I, Part C, Education of Migratory Children, “move” or “moved” means “a change from one residence to another residence that occurs due to economic necessity.”

Priority for Service

Priority-for-service children are defined as school age migrant students whose education has been interrupted during the regular school year and who are failing, or most at risk of failing to meet the state standards. Virginia defines “educational interruption” as: a student, in the preceding 12 months, who changed schools or missed a "significant" amount of school time (e.g., ten days or more) during the regular school year due to the child's or family's migrant lifestyle.*

In order for migrant students to be considered Priority-for-service, they must have one or more of the following at-risk indicators:

Scoring at ELP Level 2 (composite score of 2.0 - 2.9) or ELP Level 1 (composite score of 1.0 - 1.9) on the ACCESS for ELLs English Language Proficiency (ELP) Assessment;
Scoring below the proficient level on the Virginia Standards of Learning Assessments for reading/language arts and math;
Scoring below the proficiency level on local academic assessments;
Classified as LEP;
At risk of failing to meet state graduation requirements (are behind in appropriate verified credit and credit accrual);
Retained;
Overage for grade level; and
Classroom teacher recommendation based on classroom performance.

*MEP Policy Guidance document (Introduction and Chapter II Updated March 2017)

Qualifying Move

A qualifying move:

is across school district boundaries*; and
is a change from one residence to another residence; and
is made due to economic necessity; and
is made in order to obtain qualifying work; and
occurred in the preceding 36 months.

*In a state that is comprised of a single school district, a move qualifies if it is from one administrative area to another within such a district. In addition, in a school district of more than 15,000 square miles, a move qualifies if it is over a distance of 20 miles or more to a temporary residence to engage in, or to accompany or join a parent, spouse, or guardian who engages in, a fishing activity.

Seasonal Employment

According to section 200.81(j) of the regulations for Title I, Part C, Education of Migratory Children, seasonal employment is employment that occurs only during a certain period of the year because of the cycles of nature and that, by its nature, may not be continuous or carried on throughout the year.

Temporary Employment

According to section 200.81(k) of the regulations for Title I, Part C, Education of Migratory Children, temporary employment means “employment that lasts for a limited period of time, usually a few months, but no longer than 12 months.” Temporary employment in Virginia is identified only if either the employer or the worker state that the worker will not remain in the employment indefinitely. The worker or employer statement must be recorded verbatim on the Certificate of Eligibility.

_{Unless noted, definitions are based on Title I, Part C, Education of Migratory Children, Non-Regulatory Guidance, August 2010}