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The McKinney-Vento Homeless Assistance Act is a federal law that works to ensure educational stability for homeless youth. The McKinney-Vento act allows homeless students to enroll in school and receive transportation without delay.
The McKinney-Vento Act’s definition of “homeless” for children and youth reflects the reality of family homelessness today.
The definition specifically includes children living in emergency shelters, motels, hotels, trailer parks, cars, parks, public spaces, or abandoned buildings, and those sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason.
According to the McKinney-Vento Act, the term “homeless children and youths” refers to individuals who lack a fixed, regular, and adequate nighttime residence and includes the following four categories:
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Children and youth who:
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share the housing of other persons due to loss of housing, economic hardship, or a similar reason;
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are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations;
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are living in emergency or transitional shelters; or
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are abandoned in hospitals.
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Children and youth 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.
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Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.
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Children of migrant or seasonal workers who qualify as homeless because they are living in circumstances described in the first three categories.
The McKinney-Vento Act and other federal laws do not give official definitions of a “fixed, regular, and adequate nighttime residence” as it pertains to children and youth experiencing homelessness. However, the following working definitions may be useful:
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A “fixed nighttime residence” is stationary, permanent, and not subject to change.
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A “regular nighttime residence” is used on a predictable, routine, or consistent basis.
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An “adequate nighttime residence” sufficiently meets the physical and psychological needs typically met in home environments.McKinney-Vento Act’s Definition of “Homeless” for Children and Youth