According to the McKinney-Vento Homeless Assistance Act of 2001, the term "homeless children and youths" refer to individuals who:
- lack a fixed, regular, and adequate nighttime residence.
- 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.
- 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.
- are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings.
The McKinney-Vento Act also prohibits segregation of homeless students. It requires school districts to:
- identify homeless students as defined in the Act.
- allow homeless students to stay in their schools of origin for the entire school year if they wish, and provide transportation.
- enroll homeless students immediately even if they don’t have normally required school, medical or residency records.
- designate one person in each district to assist homeless families.
