Page 645 TITLE 29—LABOR § 1643

subparagraphs (B) and (C), respectively, of

section 1602(d)(1) of this title.

(2) Special rule

For the purposes of this section, the Secretary

shall, as appropriate and to the extent practicable, exclude college students and members of

the Armed Forces from the determination of the

number of economically disadvantaged youth.

CODIFICATION

This section is based on the text of section 262 of Pub.

L. 97–300 (the Job Training Partnership Act), as set

forth in section 701(f)(1) of Pub. L. 102–367. See section

701 of Pub. L. 102–367, set out as an Effective Date of

1992 Amendment; Transition Provisions note under section 1501 of this title.

EFFECTIVE DATE; TRANSITION PROVISIONS

Section 701(f) and (g) of Pub. L. 102–367 provided that:

‘‘(f) INTERIM TRAINING SERVICES FORMULA.—

‘‘(1) LEVEL OF FUNDING.—If the amount appropriated

to carry out parts A and C of title II of the Job Training Partnership Act [29 U.S.C. 1601 et seq., 1641 et

seq.] for fiscal year 1993 is less than the sum of—

‘‘(A) $25,000,000; and

‘‘(B) the amount appropriated to carry out part A

of title II of such Act, as in effect on the day before

the date of enactment of this Act [Sept. 7, 1992], for

fiscal year 1992,

the amendment made by section 207 of this Act [enacting this section] shall not take effect on July 1,

1993 [Amendment by section 207 did not take effect

July 1, 1993, because the appropriations for fiscal year

1993 were less than the sum referred to above.], and

title II of the Job Training Partnership Act [this subchapter] shall be amended by inserting after section

261 of such Act [29 U.S.C. 1641] the following: [See text

of section above.]

‘‘(2) EFFECTIVE DATE.—Any amendment made by

paragraph (1) shall take effect on July 1, 1993.

‘‘(g) PERMANENT TRAINING SERVICES FORMULA.—

‘‘(1) LEVEL OF FUNDING.—If title II of the Job Training Partnership Act [this subchapter] is amended in

accordance with subsection (f) and the amount appropriated to carry out parts A and C of title II of the

Job Training Partnership Act [29 U.S.C. 1601 et seq.,

1641 et seq.] for a fiscal year is not less than the sum

of—

‘‘(A) $25,000,000; and

‘‘(B) the amount appropriated to carry out part A

of title II of such Act, as in effect on the day before

the date of enactment of this Act [Sept. 7, 1992], for

fiscal year 1992,

the amendment made by section 207 of this Act [enacting this section] shall take effect. [Amendment by

section 207 did not take effect because the appropriations referred to above for fiscal year 1998 were less

than the sum referred to above.]

‘‘(2) EFFECTIVE DATE.—Any amendment made by

paragraph (1) shall take effect on October 1 of the fiscal year described in paragraph (1).’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516, 1532, 1533,

1631, 1646 of this title; title 20 section 6215.

§ 1643. Eligibility for services

(a) In-school youth

Except as provided in subsections (e) and (g) of

this section, an individual who is in school shall

be eligible to participate in the program under

this part if such individual—

(1)(A) is age 16 through 21; or

(B) if provided in the job training plan, is

age 14 through 21; and

(2)(A) is economically disadvantaged;

(B) is participating in a compensatory education program under title I of the Elementary and Secondary Education Act of 1965 [20

U.S.C. 6301 et seq.]; or

(C) has been determined to meet the eligibility requirements for free meals under the

National School Lunch Act (42 U.S.C. 1751 et

seq.) during the most recent school year.

(b) Hard-to-serve individuals who are in-school

youth

Not less than 65 percent of the in-school individuals who participate in a program under this

part shall be individuals who are included in one

or more of the following categories:

(1) Individuals who are basic skills deficient.

(2) Individuals with educational attainment

that is 1 or more grade levels below the grade

level appropriate to the age of the individuals.

(3) Individuals who are pregnant or parenting.

(4) Individuals with disabilities, including a

learning disability.

(5) Individuals who are homeless or runaway youth.

(6) Individuals who are offenders.

(7) Individuals within a category established

under subsection (h) of this section.

(c) Out-of-school youth

Except as provided in subsection (e) of this

section, an individual who is out of school shall

be eligible to participate in the program under

this part if such individual is—

(1) age 16 through 21; and

(2) economically disadvantaged.

(d) Hard-to-serve individuals who are out-ofschool youth

Not less than 65 percent of the out-of-school

individuals who participate in a program under

this part shall be individuals who are included

in 1 or more of the following categories:

(1) Individuals who are basic skills deficient.

(2) Individuals who are school dropouts (subject to the conditions described in section

1644(d)(2) of this title).

(3) Individuals who are pregnant or parenting.

(4) Individuals with disabilities, including a

learning disability.

(5) Individuals who are homeless or runaway youth.

(6) Individuals who are offenders.

(7) Individuals in a category established

under subsection (h) of this section.

(e) Exceptions

Not more than 10 percent of participants in a

program assisted under this part in each service

delivery area may be individuals who do not

meet the requirements of subsection (a)(2) or

(c)(2) of this section, if such individuals are

within one or more categories of individuals who

face serious barriers to employment. Such categories may include the categories described in

subsections (b) and (d) of this section, or categories such as individuals with limited-English

language proficiency, alcoholics, or drug addicts.
§ 1644 TITLE 29—LABOR Page 646

(f) Ratio of out-of-school to in-school youth

(1) In general

Except as provided in paragraph (2), not less

than 50 percent of the participants in the program under this part in each service delivery

area shall be out-of-school individuals who

meet the requirements of subsection (c), (d), or

(e) of this section.

(2) Counting of in-school individuals

In-school individuals served as a part of a

schoolwide project under subsection (g) of this

section shall not be counted as a part of the

ratio of in-school individuals to out-of-school

individuals.

(g) Schoolwide projects for low-income schools

(1) In general

In addition to the individuals described in

subsection (e) of this section, an individual

who does not meet the requirements of subsection (a)(2) of this section may participate

in the programs assisted under this part if

such individual is enrolled in a public school—

(A) that is located in a poverty area;

(B) that is served by a local educational

agency that is eligible for assistance under

title I of the Elementary and Secondary

Education Act of 1965 [20 U.S.C. 6301 et seq.];

(C) in which not less than 70 percent of the

students enrolled are included in the categories described in subsection (b) of this

section; and

(D) that conducts a program under a cooperative arrangement that meets the requirements of section 1645(d) of this title.

(2) ‘‘Poverty area’’ defined

For the purposes of paragraph (1), the term

‘‘poverty area’’ means an urban census tract

or a nonmetropolitan county with a poverty

rate of 30 percent or more, as determined by

the Bureau of the Census.

(h) Additional category

A service delivery area conducting a program

assisted under this part may add one category of

youth who face serious barriers to employment

to the categories of eligible individuals specified

in subsection (b) of this section and one category to the categories of eligible individuals

described in subsection (d) of this section if—

(1) the service delivery area submits a request to the Governor identifying the additional category of individuals and justifying

the inclusion of such category;

(2) the additional category of individuals is

not solely comprised of—

(A) individuals with a poor work history;

or

(B) individuals who are unemployed; and

(3) the Governor approves the request submitted under paragraph (1) and transmits a description of the approved request to the Secretary, as part of the Governor’s coordination

and special services plan under section 1531 of

this title.

(Pub. L. 97–300, title II, §263, as added Pub. L.

102–367, title II, §208, Sept. 7, 1992, 106 Stat. 1066;

amended Pub. L. 103–382, title III, §391(n)(2), (3),

Oct. 20, 1994, 108 Stat. 4024.)

REFERENCES IN TEXT

The Elementary and Secondary Education Act of

1965, referred to in subsecs. (a)(2)(B) and (g)(1)(B), is

Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108

Stat. 3519. Title I of the Act is classified generally to

subchapter I (§6301 et seq.) of chapter 70 of Title 20,

Education. For complete classification of this Act to

the Code, see Short Title note set out under section

6301 of Title 20 and Tables.

The National School Lunch Act, referred to in subsec.

(a)(2)(C), is act June 4, 1946, ch. 281, 60 Stat. 230, as

amended, which is classified generally to chapter 13

(§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 1751 of

Title 42 and Tables.

AMENDMENTS

1994—Subsecs. (a)(2)(B), (g)(1)(B). Pub. L. 103–382 substituted ‘‘title I’’ for ‘‘chapter I of title I’’.

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367, set out as an Effective Date of 1992

Amendment; Transition Provisions note under section

1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1516, 1531,

1645, 1734, 1781 of this title; title 20 section 6214.

§ 1644. Program design

(a) Year-round operation

The programs under this part shall be conducted on a year-round basis. Services shall be

made available on a multiyear basis as appropriate.

(b) Essential elements

(1) In general

The programs under this part shall include—

(A) an objective assessment of the 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), and supportive service

needs, except that a new assessment of a

participant is not required if the program

determines it is appropriate to use a recent

assessment of the participant conducted

under another education or training program;

(B) development of service strategies that

shall identify the employment goal (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for

participants taking into account the assessments conducted pursuant to subparagraph

(A), except that a new service strategy for a

participant is not required if the program

determines it is appropriate to use a recent

service strategy developed for the participant under another education or training

program;

(C) a review of the progress of each participant in meeting the objectives of the service

strategy; and

(D) each of the following services, which

shall be provided either directly or through