Adopted from the McKinney-Vento Homeless Assistance Act, Title VII, Subtitle B, Section 725(2) as amended by the Every Student Succeeds Act (ESSA) 2015
The term homeless children and youths are students– who lack a fixed, regular and adequate nighttime residence, including:
1) children and youths who are sharing the housing of others due to a loss of housing, economic hardship or a similar reason; are living in motels, hotels, trailer parks or campgrounds due to a lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;
2) children and youths who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings;
3) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
4) migratory children who qualify as homeless because the children are living in circumstances described above. If the residence is not fixed, regular and adequate, it is considered a homeless situation.