20 U.S.C. § 6399 — Definitions
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 397 words · no verdicts yet
This section defines local operating agency, migratory agricultural worker, migratory child, migratory fisher, and qualifying move. It specifies the work, timing, economic-necessity, residence, and school-district requirements for those terms.
(1) “Local operating agency” means (A) a local educational agency receiving a State subgrant, (B) a public or private agency arranged with by a State agency or the Secretary to carry out a project, or (C) a State agency that directly operates the State migrant program. (2) “Migratory agricultural worker” means a person who made a qualifying move within the preceding 36 months and then took new temporary or seasonal agricultural work or personal subsistence, including dairy work or initial processing of raw agricultural products. If the person did not soon take that work, the person may qualify by actively seeking it and having a recent history of moves for temporary or seasonal farm work. (3) “Migratory child” means a child or youth who made a qualifying move within the preceding 36 months (A) as a migratory agricultural worker or fisher, or (B) with or to join a parent or spouse who is one. (4) “Migratory fisher” means a person who made a qualifying move within 36 months and then took new temporary or seasonal fishing work or personal subsistence. If the person did not soon take it, the person may qualify by actively seeking it and having a recent history of moves for temporary or seasonal fishing work. (5) “Qualifying move” means a move caused by economic necessity (A) from one residence to another and (B) from one school district to another, except that in a one-district State it is from one administrative area to another within that district, and in a district larger than 15,000 square miles it is at least 20 miles to a temporary residence. This section does not define the quoted term “economic necessity.”
As used in this part:
The term “local operating agency” means—
a local educational agency to which a State educational agency makes a subgrant under this part;
a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or
a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly.
The term “migratory agricultural worker” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment.
The term “migratory child” means a child or youth who made a qualifying move in the preceding 36 months—
as a migratory agricultural worker or a migratory fisher; or
with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.
The term “migratory fisher” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment.
The term “qualifying move” means a move due to economic necessity—
from one residence to another residence; and
from one school district to another school district, except—
in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or
in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.
Source credit: (Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1579; amended Pub. L. 114–95, title I, § 1301(h), Dec. 10, 2015, 129 Stat. 1899.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1579
- 2015Amended · Pub. L. 114-95 · 129 Stat. 1899
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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