- The child is not older than 21 years of age and the child is entitled to a free public education (through grade 12) under State law, or
- The child is not yet at a grade level which the LEA provides a free public education, and
- The child made a qualifying move in the preceding 36 months as a migratory agricultural worker or a migratory fisher, or did so with, or to join a parent/guardian or spouse who is a migratory agricultural worker or a migratory fisher; and
- The child moved due to economic necessity from one residence to another residence, and-
- From one school district to another: or
- In a State that is comprised of a single school district, has moved from one administrative area to another within such district; or
- 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.