INCORRECT – the correct response is “yes”
The children in this scenario 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 are migratory children because they made a qualifying move in the preceding 36 months with a migratory agricultural worker(s).
Migratory Agricultural Worker- The parents in this scenario are established migratory agricultural workers. They made a qualifying move in the preceding 36 months and engaged in qualifying work soon after that move (from Oaxaca, Mexico to Elba, NY on August 1st, 2019).
Qualifying Move- Both moves the family makes in this scenario are qualifying moves because they were:
Summary-
The children in this scenario are eligible for the Migrant Education Program because they made a qualifying move in the preceding 36 months with an established migratory agricultural worker. The parents in this scenario established themselves as migratory agricultural workers because they made a qualifying move in the preceding 36 months and engaged in qualifying work soon after that move.
Note:
The last move the family made together in this scenario was a qualifying move because the move was made in the preceding 36 months, was across school lines, was a change of residence, and was due to economic necessity. Even though this last move to Cortland resulted in the father working in an auto shop it is still a qualifying move. The QAD will be February 10th, 2020 because that is the date the children made a qualifying move with established migratory agricultural workers.