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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).

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

For more information on determining homelessness, visit Determining Eligibility for Services Under McKinney-Vento.

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The National Center for Homeless Education (NCHE) is associated with The SERVE Center at the University of North Carolina at Greensboro.


The content of this publication does not necessarily reflect the views or policies of the U.S. Department of Education, the University of North Carolina at Greensboro, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government. This website was produced with funding from the U.S. Department of Education, on contract no. ED-01-CO-0092/0001.
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