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.
Migratory Agricultural Worker- The father in this scenario is an established migratory agricultural worker. On 04/15/19 he moved from Mexico to Goshen, NY and soon after the move he engaged in a qualifying activity. If the children make a qualifying move with him at anytime through 04/14/20, they will become eligible for the Migrant Education Program.
Qualifying Move- There are two qualifying moves in this scenario. The move the father makes on 04/15/19 from Mexico to Goshen, NY is a qualifying move. The move the family makes together on September 10th, 2020 is also a qualifying move.
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 father in this scenario established himself as migratory agricultural worker because he made a qualifying move in the preceding 36 months and engaged in qualifying work soon after that move.