Sec. 229. Use of funds for youth workforce investment activities
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To be eligible to participate in activities carried out under this chapter during any program year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth. In this title, the term out-of-school youth means an individual who is— not attending any school (as defined under State law); not younger than age 16 or older than age 24; and one or more of the following: A school dropout. A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter.
A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is— basic skills deficient; or an English language learner. An individual who is subject to the juvenile or adult justice system. A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) ), except that clauses (i)(IV) and
(iii)of subparagraph
(B)of such section shall not apply), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ), except that subparagraph (B)(iv) of such section shall not apply), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ), or in an out-of-home placement. An individual who is pregnant or parenting. A youth who is an individual with a disability. A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment. In this section, the term in-school youth means an individual who is— attending school (as defined by State law); not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21; a low-income individual; and one or more of the following: Basic skills deficient. An English language learner. An offender. A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) ), except that clauses (i)(IV) and
(iii)of subparagraph
(B)of such section shall not apply), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), except that subparagraph (B)(iv) of such section shall not apply), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-home placement. Pregnant or parenting. A youth who is an individual with a disability. An individual who requires additional assistance to complete an educational program or to secure or hold employment. For the purpose of this subsection, the term low-income , used with respect to an individual, also includes a youth living in a high-poverty area. In this subparagraph, the term covered individual means an in-school youth, or an out-of-school youth who is described in subclause
(III)or
(VIII)of paragraph (1)(B)(iii). In each local area, not more than 5 percent of the individuals assisted under this section may be persons who would be covered individuals, except that the persons are not low-income individuals. In each local area, not more than 5 percent of the in-school youth assisted under this section may be eligible under paragraph
(1)because the youth are in-school youth described in paragraph (1)(C)(iv)(VII). For any program year, not less than 75 percent of the funds available for statewide activities under subsection (b), and not less than 75 percent of funds available to local areas under subsection (c), shall be used to provide youth workforce investment activities for out-of-school youth. A State that receives a minimum allotment under section 227(b)(1) in accordance with section 227(b)(1)(C)(iv) or under section 232(b)(1) in accordance with section 232(b)(1)(B)(v) may decrease the percentage described in subparagraph
(A)for a local area in the State, if— after an analysis of the in-school youth and out-of-school youth populations in the local area, the State determines that the local area will be unable to use at least 75 percent of the funds available for activities under subsection
(c)to serve out-of-school youth due to a low number of out-of-school youth; and the State submits to the Secretary, for the local area, a request including a proposed decreased percentage for purposes of subparagraph (A), and a summary of the analysis described in clause (i); and the request is approved by the Secretary. In providing assistance under this section to an individual who is required to attend school under applicable State compulsory school attendance laws, the priority in providing such assistance shall be for the individual to attend school regularly. Funds reserved by a Governor as described in sections 228(a) and 233(a)(1) shall be used, regardless of whether the funds were allotted to the State under section 227(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 232(b) for statewide activities, which may include— conducting— evaluations under section 131(e) of activities authorized under this chapter and chapter 3 in coordination with evaluations carried out by the Secretary under section 270(a); research related to meeting the education and employment needs of youth; and demonstration projects related to meeting the education and employment needs of youth; providing assistance to local areas as described in clauses
(i)and
(ii)of section 116(c)(1)(B), for local coordination of activities carried out under this title; in order to build capacity, providing technical assistance to, as appropriate, local boards, chief elected officials, one-stop operators, one-stop partners, and eligible providers, in local areas, which provision of technical assistance shall include the development and training of staff, the development of exemplary program activities, the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 131(c), and the provision of technology to facilitate remote access to services provided through the one-stop delivery system in the State; operating a fiscal and management accountability information system under section 131(i); carrying out monitoring and oversight of activities carried out under this chapter and chapter 3, which may include a review comparing the services provided to male and female youth; providing additional assistance to local areas that have high concentrations of eligible youth; supporting the development of alternative programs and other activities that enhance the choices available to eligible youth and encourage such youth to reenter and complete secondary education, enroll in postsecondary education and advanced training, progress through a career pathway, and enter employment that leads to economic self-sufficiency; supporting the provision of core services described in section 234(c)(2) in the one-stop delivery system in the State; and supporting financial literacy, including— supporting the ability of participants to create household budgets, initiate savings plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals; supporting the ability to manage spending, credit, and debt, including credit card debt, effectively; increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy (and how to correct inaccuracies in the reports and scores), and their effect on credit terms; supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and supporting activities that address the particular financial literacy needs of non-English speakers, including providing the support through the development and distribution of multilingual financial literacy and education materials. Not more than 5 percent of the funds allotted to a State under section 227(b)(1)(C) shall be used by the State for administrative activities carried out under this subsection or section 234(a). Funds allocated to a local area for eligible youth under section 228(b) shall be used to carry out, for eligible youth, programs that— provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program; develop service strategies for each participant that are directly linked to 1 or more of the indicators of performance described in section 131(b)(2)(A)(ii), and that shall identify career pathways that include education and employment goals (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program; and provide— activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential; preparation for postsecondary educational and training opportunities; strong linkages between academic instruction (based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 )) and occupational education that lead to the attainment of recognized postsecondary credentials; preparation for unsubsidized employment opportunities, in appropriate cases; and effective connections to employers, including small employers, in in-demand industry sectors and occupations of the local and regional labor markets. In order to support the attainment of a secondary school diploma or its recognized equivalent, entry into postsecondary education, and career readiness for participants, the programs described in paragraph
(1)shall provide elements consisting of— tutoring, study skills training, instruction, and dropout prevention strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential; alternative secondary school services, as appropriate; paid and unpaid work experiences that have as a component academic and occupational education, which may include— summer employment opportunities and other employment opportunities available throughout the school year; pre-apprenticeship programs; internships and job shadowing; and on-the-job training opportunities; occupational skill training; education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate; supportive services; adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months; followup services for not less than 12 months after the completion of participation, as appropriate; comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate; financial literacy education; entrepreneurial skills training; services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and activities that help youth prepare for and transition to postsecondary education and training. Each local board shall ensure that each participant shall be provided— information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those providers or partners receiving funds under this subtitle; and referral to appropriate training and educational programs that have the capacity to serve the participant either on a sequential or concurrent basis. Each eligible provider of a program of youth workforce investment activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph
(A)to meet the basic skills and training needs of the applicant. The local board shall ensure that parents, participants, and other members of the community with experience relating to programs for youth are involved in the design and implementation of the programs described in paragraph (1). Not less than 20 percent of the funds allocated to the local area as described in paragraph
(1)shall be used to provide in-school youth and out-of-school youth with activities under paragraph (2)(C). Nothing in this chapter shall be construed to require that each of the elements described in subparagraphs of paragraph
(2)be offered by each provider of youth services. No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system. No funds described in paragraph
(1)shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth. In coordinating the programs authorized under this section, local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate. The local board shall make opportunities available for individuals who have successfully participated in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and other activities.
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- 42 USC 14043e–2(6)
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Sec. 229
Use of funds for youth workforce investment activities
Cite42 USC 14043e–2(6)
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