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Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Programs Under Title II of the Job Training Partnership Act |
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| Youth Training Program |
20 CFR 628.803 - Eligibility.
- Section Number: 628.803
- Section Name: Eligibility.
(a) Out-of-school youth. An out of school youth is a youth who does
not meet the definition of in-school youth as set forth in paragraph (b)
of this section. An out-of-school youth shall be eligible to participate
in programs under this subpart, if such individual is:
(1) Age 16 through 21, and
(2) Economically disadvantaged.
(b) In-school youth. Definition. In-school youth means a youth who
has not yet attained a high school diploma and is attending school full
time. An in-school youth shall be eligible to participate in programs
under this subpart, if such individual is:
(1)(i) Age 16 through 21, or
(ii) If provided in the job training plan, age 14 through 21
inclusive; and
(2)(i) Economically disadvantaged; or
(ii) Participating in a compensatory education program under Chapter
I of title I of the Elementary and Secondary Education Act of 1965; or
(iii) Has been determined to meet the eligibility requirements for
free meals under the National School Lunch Act during the most recent
school year. Most recent school year means the current school year
unless the eligibility determination is made during an interim period
between school terms, in which case the term means the preceding school
year.
(c) Eligibility determination verification. The SDA may accept the
same documentation utilized by the local educational agency for
approving free lunch meals or an assurance by school officials
concerning the students' participation in the free school lunch program
under the National School Lunch Act. The Department shall provide
guidance on this verification separate from these regulations.
(d) Requirement to serve hard-to-serve individuals. (1) Not less
than 65 percent of the in-school youth who participate in the program
under this subpart, including those who are not economically
disadvantaged, shall have one or more additional barriers to employment,
as described in section 263(b) of the Act.
(2)(i) Not less than 65 percent of the out-of-school youth who
participate in the program under this subpart, including those who are
not economically disadvantaged, shall have one or more barriers to
employment, as described in section 263(d) of the Act, in addition to
any criterion listed in paragraph (b)(2) of this section.
(ii) All Job Corps participants shall be considered out-of-school
and as having a barrier to employment.
(3) The requirement of paragraphs (d)(1) and (2) of this section
shall be calculated on the basis of participants for whom services or
training have been provided subsequent to the objective assessment on
July 1, 1993 or later.
(e) Addition of barrier. An SDA may identify and add one additional
serious barrier to employment to the categories listed at sections
263(b) and (d) of the Act in accordance with the specific procedures and
requirements in section 263(h) of the Act.
(f) Services to non-economically disadvantaged individuals. Up to 10
percent of the youth served by an SDA under this subpart may be
individuals who are not economically disadvantaged, but such individuals
shall face one or more serious barriers to employment in accordance with
section 263(e) of the Act.
(g) Eligibility based on schoolwide project participation. (1) In
addition to the individuals who meet the conditions described in
Sec. 628.803 of this part, individuals who are not economically
disadvantaged may participate in programs under this subpart if they are
enrolled in a schoolwide project pursuant to section 263(g) of the Act.
(2) For purposes of paragraph (g)(1) of this section, the term
school means an individual building, facility, campus or a portion of
the school such as the 11th or 12th grade.
(3) A schoolwide project may be operated in a public school located
in an urban census tract or non-metropolitan county with a poverty rate
of 30 percent or above, and in which 70 percent or more of the students
have at least one barrier to employment. The school
shall make the determination on whether its students meet the barrier
requirements.
(4) The SDA shall determine which will be its schoolwide projects.
Examples of schoolwide projects include, but are not limited to, school-
to-work programs; college awareness and application assistance programs;
school restructuring to make the schools career academies or magnet
schools; mentoring programs; business-education compacts; integration of
work and learning; year-round extensions of summer STEP programs;
community service programs, including linkages with youth service corps;
programs to encourage teen parents to stay in school, including
establishing child care centers; and work experience slots provided as
incentives to stay in school.
(h)(1) Out-of-school ratio. Not less than 50 percent of the total
title II-C participants in each SDA shall be out-of-school youth
(section 263(f)(1) of the Act). The Governor shall be responsible for
determining the period for which the 50 percent requirement will be
calculated based either on the period covered by the job training plan
or on a program year basis.
(2) For purposes of paragraph (h)(1) of this section, a youth who
has attained a high school diploma or an equivalency, is habitually
truant, as defined by State law, or is attending an alternative school
program may be considered out of school. An alternative school program
includes an alternative high school, an alternative course of study
approved by the local educational agency, or a high school equivalency
program. Such programs may be operated either within or outside of the
local public school system, and can offer either a high school diploma
or equivalency.
(3) Schoolwide project ratios. Those in-school participants who are
served under a schoolwide project shall not be counted in determining
the ratio of in-school to out-of-school youth in paragraph (h)(1) of
this section.
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