The Education for Homeless Children and Youth (EHCY) program is authorized under Title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (McKinney-Vento Act). The McKinney-Vento Act was originally authorized in 1987 and most recently re-authorized in December 10th, 2016, by the Every Student Succeeds Act (ESSA). Under the McKinney-Vento Act, State educational agencies (SEAs) must ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as other children and youths. Homeless children and youths must have access to the educational and related services that they need to enable them to meet the same challenging state academic standards to which we hold all students. In addition, homeless students may not be separated from the mainstream school environment.  The McKinney-Vento Act was created with the goal of ensuring the enrollment, attendance, and success of homeless children and youth in school.

Children and youth experiencing homelessness find shelter in a variety of places. To help educators identify homeless children, the Act defines who is considered homeless. According to the U.S. Department of Education, people living in the following situations are considered homeless:

• Doubled up with family or friends due to economic conditions
• Living in motels and hotels for lack of other suitable housing
• Runaway and "throwaway" children and youth
• Homes for unwed or expectant mothers for lack of a place to live
• Homeless and domestic violence shelters
• Transitional housing programs
• The streets
• Abandoned buildings
• Public places not meant for housing
• Cars, trailers, and campgrounds
• Awaiting foster care
• Migratory children staying in housing not fit for habitation