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McKinney-Vento
Definition of "Homeless"

Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (Title X, Part C, of the No Child Left Behind Act) defines "homeless" as follows:
The term "homeless children and youths"--

(A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and

(B) includes--

(i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

(ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C));

(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(iv) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).

Read the full text (77K) of the McKinney-Vento Homeless Assistance Act.
 

More information on determining
Eligibility for Services Under McKinney-Vento.

NCHE Resources


Confirming Eligibility for McKinney-Vento Services:
       Do's and Don'ts for Local Liaisons

This brief, part of GYBSD's Best Practices in Homeless Education series, is designed for local homeless education liaisons and discusses measures school districts can and can not take in confirming the details of a student's living situation in order to determine eligibility for McKinney-Vento services.


Confirming Eligibility for McKinney-Vento Services:
       Do's and Don'ts for School Districts

This brief, part of NCHE's Best Practices in Homeless Education series, is designed for school staff and administrators and discusses measures school districts can and can not take in confirming the details of a student's living situation in order to determine eligibility for McKinney-Vento services.


Definitions of Homelessness for Federal Programs Serving Children, Youth, and Families
The two major definitions of homelessness in use by federal agencies are the education definition in Subtitle VII-B of the McKinney-Vento Act, and the Housing and Urban Development (HUD) definition in Section 103 of Subtitle I of the McKinney-Vento Act. The definitions overlap and diverge in ways that can cause confusion. This chart, authored jointly by the National Center for Homeless Education (NCHE) and the National Association for the Education of Homeless Children and Youth (NAEHCY), illustrates the similarities and differences between federal agencies' definitions of homeless. It should be noted that the HUD definition will soon broaden with the promulgation of final regulations, but the broadening will have conditions that are complex and detailed.


Who is Homeless? (125K)
This brief provides the definition of "homeless", as stated in the McKinney-Vento Homeless Assistance Act, and offers strategies for determining homelessness by the definition.
 
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