• McKinney-Vento Act and Definition of Homeless

    The federal McKinney-Vento Homeless Education Assistance Improvements Act and Texas state law protect the rights of homeless children and youth to receive a free and appropriate public education.

    Definition of “Homeless”

    (A) Individuals who lack a fixed, regular, and adequate nighttime residence; 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;

    (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 who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).iv

    Nearly everyone in Texas who is between the ages of 5 and 21 on September 1 of the school year and has not been expelled has the right to attend school, even if they:

    • don't have a permanent address
    • have a previous address in another town or state
    • don't live with a parent or legal guardian
    • live temporarily doubled-up with friends or family
    • sleep in a shelter
    • sleep in a campground, car, abandoned building, or other facility not designated for, or ordinarily used as regular accommodations for, human beings
    • don't have school records
    • don't have school records
    Districts should be conducting a homeless survey (residency questionnaire) at the beginning of the school year or when a new student arrives on campus. This questionnaire can be located at the THEO website under Resources.
    Beverly Wyatt Homeless Contact bwyatt@esc3.net
Last Modified on June 28, 2017