Youth participant eligibility
Eligibility
In general
To be eligible to participate in activities carried out under this subpart 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.
Out-of-school youth
In-school youth
Special rule
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.
Exception and limitation
Exception for persons who are not low-income individuals
Definition
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).
Exception
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.
Limitation
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).
Out-of-school priority
In general
section 3162(b)(1)(C) of this titlesection 3163(a) of this titleFor any program year, not less than 75 percent of the funds allotted under , reserved under , and 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.
Exception
Consistency with compulsory school attendance laws
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.
Statewide activities
Required statewide youth activities
Allowable statewide youth activities
Limitation
section 3162(b)(1)(C) of this titlesection 3174(a) of this titleNot more than 5 percent of the funds allotted to a State under shall be used by the State for administrative activities carried out under this subsection or .
Local elements and requirements
Program design
Program elements
Additional requirements
Information and referrals
Applicants not meeting enrollment requirements
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.
Involvement in design and implementation
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).
Priority
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).
Rule of construction
Nothing in this subpart shall be construed to require that each of the elements described in subparagraphs of paragraph (2) be offered by each provider of youth services.
Prohibitions
Prohibition against Federal control of education
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.
Noninterference and nonreplacement of regular academic requirements
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.
Linkages
In coordinating the programs authorized under this section, local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate.
Volunteers
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.
Pub. L. 113–128, title I, § 129128 Stat. 1504Pub. L. 114–18, § 2(e)(2)129 Stat. 213Pub. L. 114–95, title IX, § 9215(yyy)(3)129 Stat. 2192(, , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 113–128128 Stat. 1425section 3101 of this titleThis Act, referred to in subsec. (c)(6)(A), is , , , known as the Workforce Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 114–18section 3121 of this titlesection 3121 of this title2015—Subsec. (b)(1)(C). substituted “subsections (b)(7) and (c)(2) of ” for “subsections (b)(6) and (c)(2) of ”.
Pub. L. 114–95section 6311(b)(1) of title 20section 6311 of title 20Subsec. (c)(1)(C)(iii). substituted “(based on challenging State academic standards established under ” for “(based on State academic content and student academic achievement standards established under )”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.
Pub. L. 114–18Pub. L. 113–128§ 2(f) of Pub. L. 114–18section 3112 of this titleAmendment by effective as if included in the Workforce Innovation and Opportunity Act [], see , set out as a note under .
Effective Date
section 506 of Pub. L. 113–128section 3101 of this titleSection effective on the first day of the first full program year after (), see , set out as a note under .