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Understanding Migratory Child [Education]: Legal Insights and Implications
Definition & Meaning
A migratory child is defined as a child who either works in agriculture or fishing and moves frequently, or a child who moves to join a parent, spouse, or guardian who is involved in such work. Specifically, a migratory child is:
A child of a migratory agricultural worker or a migratory fisher.
A child who has moved from one school district to another within the last 36 months to accompany or join a parent, spouse, or guardian who is a migratory agricultural worker or fisher.
A child of a migratory fisher who lives in a large school district and travels a significant distance to a temporary residence.
Table of content
Legal Use & context
The term "migratory child" is primarily used in the context of education law, particularly under the Migrant Education Program. This program aims to provide educational support to children who move frequently due to their family's work in agriculture or fishing. Legal practitioners may encounter this term when dealing with issues related to educational rights, access to resources, and eligibility for specific educational programs designed to assist these children.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A child whose parent works as a seasonal farm worker moves from California to Texas every summer to follow the harvest. This child qualifies as a migratory child.
Example 2: A child whose family migrates for fishing jobs and lives in a school district that covers over 1,000 square miles, traveling 25 miles to their temporary home, is also considered a migratory child.
Relevant laws & statutes
The primary legal reference for the definition of a migratory child is found in 34 CFR 200.81(e), which outlines the criteria for eligibility under the Migrant Education Program. This regulation is part of the broader Title I provisions aimed at improving educational outcomes for disadvantaged students.
State-by-state differences
State
Notes
California
Has extensive programs for migratory children due to a large agricultural workforce.
Florida
Offers specific educational resources for children of migrant workers in agriculture and fishing.
Texas
Provides additional support through local school districts for migratory children.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Migratory agricultural worker
A person who moves frequently for agricultural work.
Refers to the worker, not the child.
Migratory fisher
A person who moves frequently for fishing work.
Similar to agricultural workers, but specific to fishing.
Common misunderstandings
What to do if this term applies to you
If you believe that you or your child qualifies as a migratory child, it is important to connect with your local school district to understand the resources and support available. You can also explore US Legal Forms' ready-to-use legal form templates for assistance in navigating educational rights and resources. If your situation is complex, seeking professional legal advice may be beneficial.
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