INCORRECT – the correct response is “yes”
The OSY in this scenario is eligible because he meets 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 OSY is a migratory child because he made a qualifying move in the preceding 36 months as a migratory agricultural worker.
Migratory Agricultural Worker- The OSY student in this scenario is an established migratory agricultural worker. On 08/05/19 he moved from Guatemala to Marcy, NY and soon after the move he engaged in a qualifying activity.
Qualifying Move- There are three qualifying moves in this scenario. The initial move Jairo makes from Guatemala to Marcy, NY was a qualifying move. The two subsequent moves Jairo makes on 11/12/19 and 05/15/20 are both qualifying moves also. These moves were made:
Summary-
Jairo is eligible for the Migrant Education Program because he made a qualifying move in the preceding 36 months and engaged in a qualifying activity soon after that move. Jairo made two more qualifying moves in this scenario. Because he made both of these moves as a migratory agricultural worker, his QAD will be the date of the most recent qualifying move (05/15/20).