Learning Leadership and Innovation
Curriculum & Instruction - Migrant Program - Criteria for Eligibility
Eligibility criteria for migratory children can be described using five basic elements: WHO, WHAT, WHERE, WHY, and WHEN. Please note, that all criteria must be met in order to identify and recruit a child as legally eligible for the Migrant Education Program.

A child who is, or whose parent, spouse, or guardian, is a migratory agricultural worker,or migratory fisher;

has moved;

from one school district to another; or, in a state that is comprised of a single school district, has moved from one school administrative area to another within such district;

in order to obtain, or accompany such parent, spouse, or guardian in order to obtain, temporary or seasonal employment in agricultural or fishing work that serves as a principal means of livelihood for the worker and his or her family;


within the preceding 36 months;

Within these basic elements are many key terms which need to be identified. Definitions are found in Public Law 107 110, Section 1309(2)(a c) and the Federal Regulations published as 34 CFR. Part 200, July 3, 1995. (See Resource Section)