§ 11434a. Definitions

For purposes of this part:

• (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 11302(a)(1) of this title ); 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; 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 11302(a)(2)(C) 1 1 See References in Text note below. of this title);
    • (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 6399 of title 20 ) who qualify as homeless for the purposes of this part 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 7801 of title 20 .
• (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.