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Code · STATUTE-COMPILATIONS · McKinney-Vento Homeless Assistance Act · Sec. 725

Sec. 725. DEFINITIONS

507 words·~2 min read·/statute-compilations/comps-10570/sec-725

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## SEC. 725 DEFINITIONS **[**[42 U.S.C. 11434a](/us/usc/t42/s11434a)**]** For purposes of this subtitle: ####
(1)The terms “**enroll**” and “**enrollment**” include attending classes and participating fully in school activities. ####
(2)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)29 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; 29Section 9105(a)(1) of Public Law 114-95 amends section 725(2)(B)(i), which is shown in a second version that appears in italic typeface. The second version shall take effect either on December 10, 2016 or December 10, 2017 depending on the following information taken from section 9105(b) of Public Law 114-95: “** In the case of a State that is not a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 1 year after the date of enactment of this Act [date of enactment is December 10, 2015]. In the case of a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 2 years after the date of enactment of this Act.**”. Subsection
(c)of section 9105 of such Public Law provides for a definition of a “**covered State**” for purposes of section 9105. ###### (i)29 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; or are abandoned in hospitals; ######
(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). ####
(3)The terms “**local educational agency**” and “**State educational agency**” have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965. ####
(4)The term “**Secretary**” means the Secretary of Education. ####
(5)The term “**State**” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ####
(6)The term “**unaccompanied youth**” includes a homeless child or youth not in the physical custody of a parent or guardian.
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