Sec. 201. Youth apprenticeship advancement fund
1,570 words·~7 min read·
/bill/118/s/2363/is/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary, in consultation with the Secretary of Education and the Advisory Committee on Apprenticeship, shall use funds made available under section 286(s)(2)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)(A)(ii)) to make awards to eligible entities to assist the eligible entities by paying for the program share of the cost of carrying out youth apprenticeship programs, including by supporting an evidence-based approach to assist youth, particularly youth who are from low-income backgrounds or who are members of non-traditional apprenticeship populations— acquire academic and occupational skills by completing— the requirements for a regular high school diploma, or (for students with the most significant cognitive disabilities) a State-defined alternate diploma aligned to the alternate academic achievement standards described under section 1111(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)(E)); a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the National Apprenticeship System; college credit, as appropriate; and the remaining requirements of a youth apprenticeship program; transition, after completion of a youth apprenticeship program, to full-time unsubsidized employment or continued postsecondary education; earn an industry-recognized postsecondary credential; and earn college credit towards a degree from an institution of higher education, as applicable.
The duration of any award made under subsection
(a)shall be for a period of not more than 5 years. An eligible entity that desires to receive an award under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall require that an application submitted under paragraph
(1)include, at a minimum— the youth apprenticeship agreement the eligible entity intends to use; a description of, as applicable— outreach and marketing activities for the youth apprenticeship program, to be carried out with an emphasis on increasing access to, and equity and diversity in, the youth apprenticeship program; the experience and expertise of the eligible entity and roles that partners in the entity will play in carrying out administration and operations activities of the youth apprenticeship program; incentives to be provided to the partners of the eligible entity to participate in the youth apprenticeship program, such as incentives for costs related to program development, staffing for mentors and supervisors, provision of academic or related integrated instruction, or the establishment of an industry or sector partnership or a consortium of small and medium-sized businesses to support participation of employers; and how public and private funds that are not provided under the award will be leveraged— to assist with the establishment, maintenance, and sustainability of the youth apprenticeship program; and to support the youth apprenticeship program in a cost-effective manner; and for an eligible entity proposing a youth apprenticeship program in an occupation that is hazardous or detrimental for minors, a description of how the entity will ensure compliance with applicable Federal and State labor laws regarding the employment of minors, including laws relating to such an occupation and the requirements for the apprentice exemption and, as applicable, the student-learner exemption, and ensure the safety of youth apprentices, especially those under the age of 18, which— shall include appropriate safety instruction at the high school and at the workplace; may include modifying on-the-job training, including delaying or reordering training components or acquisition of competencies while youth apprentices are under the age of 18; and may include modifying related integrated instruction to include modified practical training to promote the safe training of youth apprentices. For an eligible entity to receive an award under this section, the entity and the entity’s proposed youth apprenticeship program shall meet such selection criteria as the Secretary, in consultation with the Secretary of Education, shall establish under this section, including— the qualifications, demonstrated capacity, or potential of the eligible entity, including the partners of the eligible entity, for developing and carrying out a successful, inclusive, youth apprenticeship program that leads to success in high-skill, high-wage careers in in-demand industry sectors or occupations; the extent to which the eligible entity proposes to coordinate activities among the partners of the eligible entity to carry out a youth apprenticeship program; criteria related to— geographic diversity, such as urban, suburban, and rural populations served; and innovative partnerships, targeted industries, or occupations; and such other criteria as the Secretary determines necessary. In making awards under this section, the Secretary shall give priority to an eligible entity— proposing to serve a high number or high percentage of participants who are members of non-traditional apprenticeship populations; and providing opportunities in high-wage, high-skill, and in-demand industry sectors or occupations. In making awards under this subsection, the Secretary shall, to the extent practicable, ensure a geographically diverse distribution of such awards, including a geographically diverse distribution among regions of the United States and among urban, suburban, sparsely populated, and rural areas. An eligible entity that receives an award under this section shall use the funds to— carry out activities described in subsection (c)(2)(B)(i); carry out the youth apprenticeship program, in accordance with the youth apprenticeship agreement, except that no funds shall be used for wages for youth apprentices; and carry out activities described in (c)(2)(B)(iii), except that the eligible entity may not use more than 5 percent of the funds for these activities. An eligible entity that receives an award under this section— may use not more than 10 percent of the funds made available for administration of the youth apprenticeship program; shall designate the partner that will serve as the fiscal agent for purposes of the award; and shall leverage public and private funds that are not provided through the award to assist with the establishment, maintenance, and sustainability of the youth apprenticeship program. The program share shall be 75 percent of the cost described in subsection (a). Except as provided in subparagraph (B), an eligible entity may provide the non-program share of the cost described in subsection (a)— from Federal sources not made available under this Act, or non-Federal, public, or private organizations; and in cash or in kind, fairly evaluated. Not more than 25 percent of the non-program share of the cost described in subsection
(a)may be made from Federal sources not made available under this Act. Notwithstanding paragraph (1), the Secretary may increase the program share if the eligible entity demonstrates that exceptional circumstances prevent the entity from providing 25 percent of the cost described in subsection (a)— such as demonstrating that the entity serves a high proportion of participants who members of non-traditional apprenticeship populations; or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity. Not later than 1 year after receipt of the award under this section, as applicable, and annually thereafter, the eligible entity shall submit a report to the Secretary evaluating the performance and impact of the youth apprenticeship program that, at minimum, includes program data on levels of performance achieved with respect to performance indicators described in section 116(b)(2)(A)(ii) of the Workforce Innovation and Improvement Act (29 U.S.C. 3141(b)(2)(A)(ii)) as applicable, by participants in the program, disaggregated by— race; ethnicity; sex; disability; and membership in any of the special populations, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). The disaggregation of data under paragraph (1)— shall be completed without reporting personally identifiable information about an individual participant; and by any subgroup listed in subparagraph
(A)through
(E)of paragraph (1), shall not be required in the case where the number of participants in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual participant. Any new work created wholly or in part with funds made available under an award made under this section shall— be in a format readily accessible and available for open licensing to the public consistent with part 2900 of title 2, Code of Federal Regulations (or any successor regulation); and meet, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines). An eligible entity that receives an award under this section shall provide information to youth described in paragraph
(2)regarding adult-serving apprenticeship programs in the National Apprenticeship System, and may refer such youth for possible participation in such programs. A youth is described in this paragraph if the youth— is not enrolled in school; does not have a regular high school diploma or (for students with the most significant cognitive disabilities) the State-defined alternate diploma; does not intend to reenroll in secondary school; and seeks to participate in an apprenticeship program in the National Apprenticeship System. No award shall be made under this section for a youth apprenticeship program in an occupation that is hazardous or detrimental for minors for which an apprentice exemption or, as applicable, a student-learner exemption, does not apply. In this section: The term apprentice exemption means the exemption described in section 570.50(b) of title 29, Code of Federal Regulations (or a successor regulation). The term occupation that is hazardous or detrimental for minors means an occupation described in subpart E of part 570 of title 29, Code of Federal Regulations (or a successor regulation). The term student-learner exemption means the exemption described in section 570.50(c) of title 29, Code of Federal Regulations (or a successor regulation).
Connectionstraces to 4
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources