As used in this part:

1. (1) Local operating agency The term “local operating agency” means—

   1. (A) a local educational agency to which a State educational agency makes a subgrant under this part;
   2. (B) a public or nonprofit private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or
   3. (C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly.

2. (2) Migratory child 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—

   1. (A) has moved from one school district to another;
   2. (B) in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or
   3. (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.

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

Prior Provisions

A prior section 6399, Pub. L. 89–10, title I, § 1309, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3591, defined terms for this part, prior to the general amendment of this subchapter by Pub. L. 107–110.