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State law also addresses the educational rights of children and youth experiencing homelessness. Texas Education Code (TEC) 25.001, 25.002, and 29.153 address educational rights concerning school admission and preschool for homeless students.
The McKinney-Vento Homeless Assistance Act is a federal law created to support the enrollment and education of homeless students. McKinney-Vento is intended to provide homeless students the same educational opportunities as housed students by removing as many barriers to learning for homeless students as possible.
The federal McKinney-Vento Act guarantees school enrollment for anyone who, due to a lack of permanent housing, lives in inadequate or temporary settings, such as: Emergency shelters or transitional housing. Motels, hotels, or campgrounds due to lack of an adequate alternative.
With the death of Stewart McKinney, its chief sponsor, it was renamed Stewart B. McKinney Homeless Assistance Act. After the death of a leading supporter of the legislation, Bruce Vento, President Bill Clinton renamed it the McKinney-Vento Homeless Assistance Act.
(d) A school district or open-enrollment charter school may not place a student who is homeless in out-of-school suspension unless the student engages in conduct described by Subsections (c)(1)-(3) while on school property or while attending a school-sponsored or school-related activity on or off of school property.
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725) defines homeless children and youths (school-aged and younger) as: Children and youths who lack a fixed, regular, and adequate nighttime residence, including children and youths who are: Sharing the housing of other persons temporarily due to loss of housing, economic hardship, or a similar reason.
(2) Homeless, homeless family, homeless youth, and person experiencing homelessness mean individuals or families lacking a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento Homeless Assistance Act (Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 1,
Defining Homeless The McKinney-Vento Act defines homeless children as individuals who lack a fixed, regular, and adequate nighttime residence. The act provides examples of children who would fall under this definition: Children and youth sharing housing due to loss of housing, economic hardship or a similar reason.

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