Sec. 1. 20-A MRSA §1, sub-§13-A, ¶B, as enacted by PL 1991, c. 608, §1, is repealed.

Sec. 2. 20-A MRSA §1, sub-§13-A, ¶B-1 is enacted to read:

B-1.__Is a child or a youth:

(1)__Who is sharing the housing of other persons due to loss of housing or economic hardship or a similar reason; is living in a motel, hotel, trailer park or camping ground due to the lack of alternative adequate accommodation; is living in an emergency or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;

(2)__Who is living in a car, park or public space or in an abandoned building, substandard housing, bus or train station or similar setting;

(3)__Who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; and

(4)__Who is a migratory child, as defined in Section 1309 of the federal Elementary and Secondary Education Act of 1965, who qualifies as homeless for the purpose of this chapter because the child is living in circumstances described in this section.

Sec. 3. 20-A MRSA §1, sub-§13-A, ¶C, as enacted by PL 1991, c. 608, §1, is repealed.

Sec. 4. 20-A MRSA §5205, sub-§7, as enacted by PL 1991, c. 608, §3, is amended to read:

7. Homeless students. Pursuant to section 261, the commissioner may adopt rules to ensure that each homeless student has unrestricted access to the free public education afforded by section 2, subsection 1. The rules must implement the requirements and policies of the Stewart B. McKinney Homeless Assistance Act, Public Law 100-77, Title VII, Subtitle B, as amended by the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, Public Law 100-268, Title VII, Section 702 McKinney- Vento Homeless Education Assistance Improvement Act of 2001, 42 United States Code, Section 11431 et seq., and may be adopted as part of or in conjunction with the required state plan. The rules must include, but are not limited to, provisions