Policies and Legal Definitions
NOTE: The District Student Residency Questionnaire (SRQ) is used to determine the educational at-risk classification of homeless students
FD (LEGAL) POLICY STATES:
The person is homeless “Homeless children” under the McKinney-Vento Homeless Assistance Act, which means children or youths who lack a fixed, regular, and adequate nighttime residence; and includes:
Children 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;
- Children 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 who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
- Migratory children living in circumstances described above.
- “Migratory child’’ means a child who made a qualifying move in the preceding 36 months:
- As a migratory agricultural worker or a migratory fisher; or
- With, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. [See EEB]
A person is homeless, for purposes of Education Code 25.001(b)(5), regardless of the residence of the person, of either parent or of the person’s guardian or other person having lawful control, if:
- The person lacks a fixed, regular, and adequate nighttime residence; or
- The person has a primary nighttime residence that is a public or private place not designed for or ordinarily used as regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
- The person lives in a publicly supervised shelter designated to provide temporary living accommodations (including hotels and motels paid for by government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing);
- The person resides in a shelter or place not meant for human habitation and is exiting an institution where he or she temporarily resides;
- The person will imminently lose their housing, has no subsequent residence identified, and lacks the resources or support networks needed to obtain other housing; and
- The person is an unaccompanied youth or part of a homeless family with children and youth defined as homeless under other federal statutes who:
- Has experienced a long-term period without living independently in permanent housing;
- Has experienced persistent instability as measured by frequent moves over such a period; and
- Can be expected to continue in such a status for an extended period of time because of chronic disabilities, chronic physical or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment.
- Unaccompanied youth - includes a homeless child or youth, not in the physical custody of a parent or guardian. 42 U.S.C. 11434A
- Enroll and enrollment include attending classes and participating fully in school activities.
- School of origin means the school that the child attended when permanently housed or the school in which the child was last enrolled, including a preschool. When the child completes the final grade level served by the school of origin, the term “school of origin” shall include the designated receiving school at the next grade level for all feeder schools.