Defining Homeless Children The McKinney-Vento Education for Homeless Children and Youth Act provides a definition of homeless children and youths to be used by state educational agencies (SEAs) and local educational agencies (LEAs)The McKinney-Vento Act was most recently reauthorized by the Every Student Succeeds Act of 2015 (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA). Under the previous version of ESEA (the No Child Left Behind Act), the education of homeless children and youth was included in Title X, Part C. Under ESSA, homeless education is included in Title IX, Part AIt defines homeless children and youth to be those who lack a fixed, regular, and adequate nighttime residence.
Under the larger umbrella of lacking a fixed, regular, and adequate nighttime residence, the law includes children and youths who are:* sharing housing due to a loss of housing, economic hardship, or a similar reason;
- living in hotels, motels, trailer parks, or camping grounds due to a lack of alternative adequate housing;
- living in emergency or transitional shelters;
- abandoned in hospitals;
- living in a public or private place not designated for, or normally used as, a regular sleeping accommodation for human beings;
- living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar places;
- living in one of the above circumstances and who are migratory according to the definition in Section 1309 of the Elementary and Secondary Education Act of 1965 [42 U.S.C. § 11434a(2)].