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) 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;  

(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).

The term unaccompanied youth includes a youth not in the physical custody of a parent or guardian.

McKinney-Vento Homeless Assistance Act, Title VII, Subtitle B, Sec. 725

“School of origin” is defined as the school that the child attended when permanently housed or the school in which the child was last enrolled.

The District shall not segregate homeless children. The District shall, according to the child’s best interest:  

Continue the child’s education in the school of origin for the duration of homelessness, if the child’s family becomes homeless between academic years or during an academic year;

Continue the child’s education in the school of origin for the duration of the academic year, if the child becomes permanently housed during an academic year; or  

Enroll the child in any school that non-homeless students who live in the attendance area in which the child is actually living are eligible to attend.

Irving ISD Board Policy FDC [Legal]

In determining the “best interest” of a child, the District shall:

To the extent feasible, keep a homeless child in the school of origin, except when doing so is contrary to the wishes of the child’s parent or guardian;

Provide a written explanation to the homeless child’s parent or guardian, including a statement of appeal rights, if the District sends the child to a school other than the school of origin or a school requested by the parent or guardian; and

In the case of an unaccompanied youth, consider the views of the child and provide the notice required in the event of an enrollment dispute.

Irving ISD Board Policy FDC [Legal]
 

The District shall provide a homeless child with services that are comparable to services offered to other students in the school in which the child is enrolled, including:

Transportation services;

Educational services for which the child meets the eligibility criteria;

Programs in vocational and technical education;

Programs for gifted and talented students; and

School nutrition programs.

Irving ISD Board Policy FDC [Legal]