Answer: The mere fact of the father having educational rights does not equate to the student having a fixed, regular, and adequate nighttime residence. I’d want to know more about the history of the student’s relationship with the father, and the extent to which the living situation is fixed, regular and adequate. For example, if the student has had little to no relationship with the father, and has not lived with the father much or for long, I’d be more inclined to see this as a McKinney-Vento situation – particularly if the father has not had any custody for the student for a while. Also, if the father himself does not have a fixed, regular and adequate nighttime residence, the student would meet the homeless definition.

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