.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Child” and “youth” means an individual who is eligible to attend public school or educational programs in Maryland, including:

(a)   Pre-kindergarten through 12th grade;

(b)   Head Start;

(c)   Even Start;

(d)   Special education; or

(e)   Other programs.

(2) “Enroll” and “Enrollment” means attending classes and participating fully in school activities.

(3)   Homeless Student.

(a)   “Homeless student” means a child or youth who lacks a fixed, regular, or adequate nighttime place of residence.

(b)   “Homeless student” includes:

(i) Children and youth 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 lack of alternative adequate accommodations, are living in emergency or transitional shelters, also referred to as transitional housing, or are abandoned in hospitals;

(ii)   Children and youth 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 individuals;

(iii)   Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(iv)   Migratory children, as defined in §6399 of Title 20, who qualify as homeless for the purposes of the McKinney-Vento Act and this chapter because the children are living in circumstances as described in §B(3)(b)(i)—(iii) of this regulation .

(4) “Local school system” means the public school system in which the student is enrolled.

(5) “McKinney-Vento Act” refers to the Stewart B. McKinney-Vento Homeless Assistance Act, Subtitle B, as amended by the Every Student Succeeds Act of 2015 (Public Law 114-95), Title IX, Part A, Homeless Children and Youths.

(6)   “Parent" or "guardian” means the:

(a)   Parent, individual, or public agency having legal or lawful physical custody of the homeless student;

(b)   Person or public agency to whom guardianship of a child or youth has been given by order of court; or

(c)   Homeless student if the student is 18 years old or older and no parent or guardian is available.

(7)   School of Origin.

(a) “School of origin” means the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled , including a preschool.

(b) “School of origin” includes the designated receiving school at the next grade level for all feeder schools when the child or youth completes the final grade level served by the school of origin.

(8)   “Unaccompanied homeless youth” means a homeless youth not in the physical custody of a parent or guardian.