Migratory Child [Education] Law and Legal Definition

According to 34 CFR 200.81 (e) [Title 34 – Education; Subtitle B -- Regulations of the Offices of the Department of Education; Chapter II -- Office of Elementary and Secondary Education, Department of Education; Part 200 -- Title I -- Improving the Academic Achievement of the Disadvantaged; Subpart C -- Migrant Education Program], the term migratory child means “a child --

(1) Who is a migratory agricultural worker or a migratory fisher; or

(2) Who, in the preceding 36 months, in order to accompany or join a parent, spouse, or guardian who is a migratory agricultural worker or a migratory fisher --

(i) Has moved from one school district to another;

(ii) In a State that is comprised of a single school district, has moved from one administrative area to another within such district; or

(iii) As the child of a migratory fisher, resides in a school district of more than ,000 square miles, and migrates a distance of 20 miles or more to a temporary residence.”