INCORRECT – the correct response is “yes”
Jessica’s children are eligible because they meet the criteria for eligibility for a migratory child in the Migrant Education Program.
A migratory child is a child or youth who made a qualifying move in the preceding 36 months— ‘‘(A) as a migratory agricultural worker or a migratory fisher; or ‘‘(B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.
Migratory Child- The children in this scenario became migratory children when they completed the move from Nebraska to Kansas with their mother. They made a qualifying move in the preceding 36 months with a migratory agricultural worker.
Migratory Agricultural Worker- When Jessica moved to Wichita, Kansas State on June 1st, 2020, she made a qualifying move. Soon after the move she engaged in a qualifying activity. These conditions establish the mother as a migratory agricultural worker.
Qualifying Move- The move Jessica and her children made to Wichita, Kansas on June 1st, 2020 was a qualifying move because it was:
Summary-
Jessica’s children are eligible for the Migrant Education Program because they made a qualifying move in the preceding 36 months with an established migratory agricultural worker. Jessica, the mother, established herself as a migratory agricultural worker because she made a qualifying move in the preceding 36 months and engaged in qualifying work soon after the move.