# § 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;
**1** 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] of this title);
See References in Text note below.
**(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.
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**Source Credit**: (Pub. L. 100–77, title VII, § 725, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2005; amended Pub. L. 114–95, title IX, §§ 9105(a), 9215(zz), Dec. 10, 2015, 129 Stat. 2136, 2184.)
## Editorial Notes
### References in Text
, referred to in par. (2)(B)(ii), was amended by , , , and, as so amended, no longer contains a subpar. (C).
### Prior Provisions
A prior section 11434a, , as added , , , defined terms, prior to the general amendment of this part by .
Another prior section 11434a, , as added , , , related to reports by Comptroller General, prior to the general amendment of this part by .
A prior was renumbered section 726 and was classified to , prior to the general amendment of this part by .
### Amendments
2015—Par. (2)(B)(i). , inserted “or” before “are abandoned” and struck out “or are awaiting foster care placement;” after “hospitals;”.
Par. (3). , made technical amendment to reference in original act which appears in text as reference to .
, 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.
Par. (6). , substituted “homeless child or youth not” for “youth not”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2015 Amendment
Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .
> **“(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 [Dec. 10, 2015].
>
> **“(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:
Amendment by effective , except as provided in (set out above), see , set out as a note under .
### Effective Date
Section effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.
### Definition of Covered State
> “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: