According to sections 115(b) (1) (a) and 1309(2) of the statute and section 200.81(d) of the regulations, a child is eligible for the migrant services if:
The child is younger than 22 and has not graduated from high school or does not hold a high school equivalency certificate.
The child is a migrant agricultural worker or a migrant fisher or has a parent, spouse, or guardian who is a migrant agricultural worker or a migrant fisher.
The child has moved within the preceding 36 months in order to obtain (or seek) or to accompany (or join) a parent, spouse or guardian to obtain (or seek), temporary or seasonal employment in qualifying agricultural or fishing work; and such employment is a principal means of livelihood.
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 fishing activity. (This provision currently applies only to Alaska)