The McKinney-Vento Act states that children and youth who lack “a fixed, regular, and adequate nighttime residence” will be considered homeless.

McKinney-Vento eligible students have the right to:

• receive a free, appropriate public education;
• enroll in school immediately, even if lacking documents normally required for enrollment,
•  or having missed application or enrollment deadlines during any period of homelessness;
• enroll in school and attend classes while the school gathers needed documents;
• continue attending the school of origin, or enroll in the local attendance area school if   attending the school of origin is not in the best interest of the student or is contrary to the   request of the parent, guardian, or unaccompanied youth;
• receive transportation to and from the school of origin, if requested by the parent or   guardian, or by the local liaison on behalf of an unaccompanied youth; and
• receive educational services comparable to those provided to other students, according to each student’s need.