US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 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)
section 11302(a)(1) of this title means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of ); 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)
1
1 See References in Text note below.
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)  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)
section 6399 of title 20 migratory children (as such term is defined in ) who qualify as homeless for the purposes of this part because the children are living in circumstances described in clauses (i) through (iii).
(3)
section 7801 of title 20 The terms “local educational agency” and “State educational agency” have the meanings given such terms in .
(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.

Pub. L. 100–77, title VII, § 725Pub. L. 107–110, title X, § 1032115 Stat. 2005Pub. L. 114–95, title IX129 Stat. 2136(, as added , , ; amended , §§ 9105(a), 9215(zz), , , 2184.)

Editorial Notes

References in Text

Section 11302 of this titlePub. L. 111–22, div. B, § 1003(a)(2)123 Stat. 1664section 11302(a)(2) of this title, referred to in par. (2)(B)(ii), was amended by , , , and, as so amended, no longer contains a subpar. (C).

Prior Provisions

Pub. L. 100–77, title VII, § 725Pub. L. 103–382, title III, § 323108 Stat. 3965Pub. L. 107–110A prior section 11434a, , as added , , , defined terms, prior to the general amendment of this part by .

Pub. L. 100–77, title VII, § 725Pub. L. 101–645, title VI, § 613(2)104 Stat. 4743Pub. L. 103–382Another prior section 11434a, , as added , , , related to reports by Comptroller General, prior to the general amendment of this part by .

section 725 of Pub. L. 100–77section 11435 of this titlePub. L. 103–382A prior was renumbered section 726 and was classified to , prior to the general amendment of this part by .

Amendments

Pub. L. 114–95, § 9105(a)(1)2015—Par. (2)(B)(i). , inserted “or” before “are abandoned” and struck out “or are awaiting foster care placement;” after “hospitals;”.

Pub. L. 114–95, § 9215(zz)section 7801 of title 20Par. (3). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 9105(a)(2)section 7801 of title 20Pub. L. 114–95, § 9215(zz), which directed technical amendment to reference in original act which appears in text as reference to , could not be executed because of the intervening amendment by . See above and Effective Date of 2015 Amendment notes below.

Pub. L. 114–95, § 9105(a)(3)Par. (6). , substituted “homeless child or youth not” for “youth not”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

section 9215(zz) of Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .

Pub. L. 114–95, title IX, § 9105(b)129 Stat. 2137

“(1)

In general .—

In the case of a State that is not a covered State, the amendment made by subsection (a)(1) [amending this section] shall take effect on the date that is 1 year after the date of enactment of this Act [].
“(2)

Covered state .—

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.”
, , , provided that:

section 9105(a) of Pub. L. 114–95section 9105(b) of Pub. L. 114–95section 9107 of Pub. L. 114–95section 11431 of this titleAmendment by effective , except as provided in (set out above), see , set out as a note under .

Effective Date

section 5 of Pub. L. 107–110section 6301 of Title 20Section effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.

Definition of Covered State

Pub. L. 114–95, title IX, § 9105(c)129 Stat. 2137

42 U.S.C. 11431“For purposes of this section [amending this section and enacting provisions set out as a note above] the term ‘covered State’ means a State that has a statutory law that defines or describes the phrase ‘awaiting foster care placement’, for purposes of a program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( et seq.).”
, , , provided that: