(1) The general assembly finds and declares that, because of the growing number of children and families who are homeless in Colorado, there is a need to ensure that all homeless children and youth receive a proper education. It is the intent of the general assembly that no child or youth shall be denied the benefits of a free education in the public schools because the child or youth is homeless.

(2) (a) As used in this article 1, unless the context otherwise requires, "homeless child" means:

(I) A school-aged child or youth, including preschool, who lacks a fixed, regular, and adequate nighttime residence, including but not limited to:

(A) A child or youth who is living in a motel, hotel, or camping ground due to a lack of alternative adequate accommodations;

(B) A child or youth who is living in an emergency or transitional shelter; and

(C) A child or youth who is abandoned in a hospital;

(D) (Deleted by amendment, L. 2018.)

(II) A school-aged child or youth, including preschool, who has a primary nighttime residence that is:

(A) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for persons with behavioral or mental health disorders; or

(B) (Deleted by amendment, L. 2018.)

(C) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including but not limited to an automobile, a park, an abandoned building, a bus or train station, or a similar setting; or

(III) A child or youth who is sharing the housing of another due to loss of housing, economic hardship, or for similar reasons.

(b) "Homeless child" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law.

(c) "Homeless child" shall include a migrant school-aged child, including preschool, who meets the requirements of this subsection (2).

(d) "Homeless child" shall include a school-aged child, including preschool, who meets the requirements of this subsection (2) who is not in the physical custody of a parent or legal guardian.