Huntington Beach City School District

The McKinney-Vento Homeless Assistance Act (McKinney-Vento Act) (42 U.S.C. § 11431-11435) is federal legislation that ensures the educational rights and protections of children and youths experiencing homelessness. It requires all local educational agencies (LEAs) to ensure that homeless students access the same free, appropriate public education, including public preschools, as provided to other children and youths. The McKinney-Vento Act defines LEAs as public school districts, direct-funded and locally funded charter schools, and county offices of education. The McKinney-Vento Act also authorizes federal Education for Homeless Children and Youths Program funding.

Homeless Definition

The McKinney-Vento Act defines homeless children and youths as individuals who lack a fixed, regular, and adequate nighttime residence. This definition also includes the following:

Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason
Children and youths who may be living in motels, hotels, trailer parks, shelters
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
Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings, or
Migratory children who qualify as homeless because they are children who are living in similar circumstances listed above