Ed_gov_transparent ED.gov - Link to ED.gov Home Page

Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

Homeless children (§303.17)

Comment: Commenters generally were supportive of the

proposed definition of homeless children in §303.17. One

commenter supported including the definition of homeless children in the regulations and another appreciated the focus on a traditionally underserved population.

One commenter expressed concern that the definition of

homeless children may be broader than a State’s definition.

The commenter requested that we clarify in the regulations that a State is not required to serve children, even if

they are homeless, who do not meet the State’s eligibility


One commenter recommended that we clarify the definition to provide that homeless children also include children over the age of three if a State chooses to

implement the provisions of §303.211, under which a State

has the option to make services under Part C of the Act available to children ages three and older.

Discussion: We do not agree that the definition of

homeless children in §303.17 is broader than any valid

State definition of children served. The definition of

homeless children in §303.17 is consistent with the

definition in section 602(11) of the Act and section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless