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Title 20 — Education

Part C · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 6399. Definitions

Statutory text

As used in this part:

(1)

Local operating agency

The term “local operating agency” means—

(A)

a local educational agency to which a State educational agency makes a subgrant under this part;

(B)

a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or

(C)

a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly.

(2)

Migratory agricultural worker

The term “migratory agricultural worker” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment.

(3)

Migratory child

The term “migratory child” means 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.

(4)

Migratory fisher

The term “migratory fisher” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment.

(5)

Qualifying move

The term “qualifying move” means a move due to economic necessity—

(A)

from one residence to another residence; and

(B)

from one school district to another school district, except—

(i)

in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or

(ii)

in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Elementary and Secondary Education Act of 1965

    Pub. L. 89–10 title I § 1309 · 79 Stat. 27

    Enacted · 20 U.S.C. § 6399

    Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1579

    Source evidence

    Code source credit
    Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1579

  2. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(h)(1) · 129 Stat. 1802

    Struck · 20 U.S.C. § 6399(1)(B)

    Pub. L. 114–95, § 1301(h)(1), struck out “nonprofit” before “private agency”

    Source evidence

    Code amendment note
    Par. (1)(B). Pub. L. 114–95, § 1301(h)(1), struck out “nonprofit” before “private agency”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(B), by striking “nonprofit”; and

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  3. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(h)(2) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 6399(2)(5)

      Pub. L. 114–95, § 1301(h)(2), added pars. (2) to (5)

    2. Struck · 20 U.S.C. § 6399(2)(5)

      Pub. L. 114–95, § 1301(h)(2), struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term ‘migratory child’ means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work—

    Source evidence

    Code amendment note
    Pars. (2) to (5). Pub. L. 114–95, § 1301(h)(2), added pars. (2) to (5) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term ‘migratory child’ means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work—

    “(A) has moved from one school district to another; “(B) in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or “(C) 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 a fishing activity.”

    Enacted provision · exact public law section
    (2) by striking paragraph (2) and inserting the following: “(2) Migratory agricultural worker.— The term ‘migratory agricultural worker’ means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment. “(3) Migratory child.— The term ‘migratory child’ means 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. “(4) Migratory fisher.— The term ‘migratory fisher’ means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment. “(5) Qualifying move.— The term ‘qualifying move’ means a move due to economic necessity— “(A) from one residence to another residence; and “(B) from one school district to another school district, except— “(i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or “(ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.” .

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 6399, Pub. L. 89–10, title I, § 1309, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3591, defined terms for this part, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Par. (1)(B). Pub. L. 114–95, § 1301(h)(1), struck out “nonprofit” before “private agency”.

Pars. (2) to (5). Pub. L. 114–95, § 1301(h)(2), added pars. (2) to (5) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term ‘migratory child’ means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work—

“(A) has moved from one school district to another;

“(B) in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or

“(C) 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 a fishing activity.”

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Credits

2002–2015 · 2 acts
  1. 2002Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1579
  2. 2015amended Pub. L. 114–95, title I, § 1301(h), , 129 Stat. 1899.
Show as published

(Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1579; amended Pub. L. 114–95, title I, § 1301(h), , 129 Stat. 1899.)

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