Answer: Definitely yes! The law includes adequacy in two ways. First, the umbrella definition of homeless is “lacking a fixing, regular and adequate nighttime residence.” That means regardless of any other factors, if a residence is lacking in any ONE of those three conditions, the student is homeless. Second, the law includes children and youth living in substandard housing. While the law does not define substandard, the US Department of Education’s Guidance has set some parameters that include housing being dangerous or out of compliance with housing codes (in question A-3, at https://www2.ed.gov/policy/elsec/leg/essa/160240ehcyguidance072716updated0317.pdf). Overcrowded housing certainly could be inadequate and/or substandard. It would depend on the specifics of the housing, square footage, etc.
Under McKinney Vento, can a family be considered homeless if they are living in inadequate housing that is not doubled up, a hotel, or public space? For example, a family of 5 living in a one bedroom apartment.
Oct 22, 2018 | Q and A