§ 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
Page 647 TITLE 29—LABOR § 1644

arrangement with other programs to a participant where the assessment and the service strategy indicate such services are appropriate:

(i) Basic skills training.

(ii) Occupational skills training.

(iii) Preemployment and work maturity

skills training.

(iv) Work experience combined with

skills training.

(v) Supportive services.

(2) Additional requirements

(A) Information and referrals

Each service delivery area shall ensure

that each participant or applicant who

meets the minimum income eligibility criteria shall be provided—

(i) information on the full array of applicable or appropriate services that are

available through the service delivery area

or other service providers, including those

receiving funds under this chapter; and

(ii) referral to appropriate training and

educational programs that have the capacity to serve the participant or applicant

either on a sequential or concurrent basis.

(B) Applicants not meeting enrollment requirements

(i) Service providers

Each service provider shall ensure that

an eligible applicant who does not meet

the enrollment requirements of its particular program or who cannot be served

shall be referred to the service delivery

area for further assessment, as necessary,

and referral to appropriate programs in accordance with subparagraph (A) to meet

the basic skills and training needs of the

applicant.

(ii) Service delivery area

The service delivery area shall ensure

that appropriate referrals are made pursuant to clause (i), and shall maintain appropriate records of such referrals and the

basis for such referrals.

(c) Authorized services

Subject to the limitations contained in subsection (d) of this section, services which may be

made available to youth with funds provided

under this part may include—

(1) direct training services, including—

(A) the services described in section

1604(b)(1) of this title;

(B) tutoring and study skills training;

(C) alternative high school services within

programs that meet the requirements of section 1551(o)(1) of this title;

(D) instruction leading to high school completion or the equivalent;

(E) mentoring;

(F) limited internships in the private sector;

(G) training or education that is combined

with community and youth service opportunities in public agencies, nonprofit agencies,

and other appropriate agencies, institutions,

and organizations, including youth corps

programs;

(H) entry employment experience programs;

(I) school-to-work transition services;

(J) school-to-postsecondary education

transition services;

(K) school-to-apprenticeship transition

services; and

(L) preemployment and work maturity

skills training; and

(2) training-related and supportive services,

including—

(A) the services described in section

1604(b)(2) of this title;

(B) drug and alcohol abuse counseling and

referral;

(C) services encouraging parental, spousal,

and other significant adult involvement in

the program of the participant; and

(D) cash incentives and bonuses based on

attendance and performance in a program.

(d) Additional requirements

(1) Strategies and services

In developing service strategies and designing services for the program under this part,

the service delivery area and private industry

council shall take into consideration exemplary program strategies and practices, including the strategies and practices of model

programs selected for replication under section 1733(c) of this title.

(2) School dropouts

(A) Participation requirements

In order to participate in a program assisted under this part, except for interim periods, an individual who is under the age of

18 and a school dropout shall enroll in and

attend a school, course, or program described in clause (ii) or (iii) of subparagraph

(B).

(B) Service delivery requirements

(i) In general

Each service delivery area shall make

available, in accordance with this subparagraph, to each participant in the program

who is under the age of 18 and is a school

dropout, at least 2 options for school attendance. Such options shall be provided

concurrently or sequentially with other

services provided under this part to each

such participant as a part of the training

of such participant.

(ii) School attendance

Each service delivery area shall provide,

as one of the options for school attendance, an option for each such participant

to enroll in and attend a high school

equivalency program.

(iii) Additional option

Each service delivery area shall provide,

as a second option for school attendance

for each such participant—

(I) an option to reenroll in and attend

school;

(II) an option to enroll in and attend

an alternative high school; or

(III) an option to enroll in and attend

an alternative course of study approved

by the local educational agency.
§ 1645 TITLE 29—LABOR Page 648

(3) Skills training

(A) Preemployment and work maturity skills

training

Preemployment and work maturity skills

training authorized by this part shall be accompanied by either work experience or

other additional services designed to increase the basic education or occupational

skills of a participant. The additional services may be provided, concurrently or sequentially, under other education and training programs, including the Job Corps.

(B) Additional services

Work experience, job search assistance, job

search skills training, and job club activities

provided under this part shall be accompanied by additional services designed to increase the basic education or occupational

skills of a participant. The additional services may be provided, concurrently or sequentially, under other education and training programs, including the Job Corps.

(C) On-the-job training

(i) Positions

On-the-job training authorized under

this part shall only be available in positions that—

(I) pay the participant a wage that

equals or exceeds the average wage at

placement in the service delivery area

for participants under part A of this subchapter; and

(II) have career advancement potential.

(ii) Formal program of structured job

training

On-the-job training authorized under

this part shall include a formal program of

structured job training that will provide

participants with an orderly sequence of

instruction in work maturity skills, general employment competencies, and occupationally specific skills.

(iii) Participation requirement

In order to participate in on-the-job

training authorized under this part, except

for interim periods, an individual who has

not attained a high school diploma or its

equivalent shall concurrently enroll in and

attend a school, course, or program described in clause (ii) or (iii) of paragraph

(2)(B).

(4) Needs-based payments

Needs-based payments and financial assistance provided under this part shall be limited

to payments necessary for participation in the

program assisted under this part in accordance with a locally developed formula or procedure.

(5) Counseling and supportive services

Counseling and supportive services provided

under this part may be provided to a participant for a period of up to 1 year after the date

on which the participant completes the program.

(6) Prohibition on private actions

Nothing in this section shall be construed to

establish a right for a participant to bring an

action to obtain services described in the assessment or service strategy developed under

subsection (b)(1) of this section.

(7) Volunteers

The service delivery area shall make opportunities available for successful individuals

who have previously participated in programs

under this part to volunteer assistance to participants in the form of mentoring, tutoring,

and other activities.

(Pub. L. 97–300, title II, §264, as added Pub. L.

102–367, title II, §208, Sept. 7, 1992, 106 Stat. 1068;

amended Pub. L. 104–193, title I, §110(n)(9), Aug.

22, 1996, 110 Stat. 2174.)

AMENDMENTS

1996—Subsec. (b)(1)(A), (B). Pub. L. 104–193,

§110(n)(9)(A), struck out ‘‘(such as the JOBS program)’’

after ‘‘another education or training program’’.

Subsec. (d)(3)(A), (B). Pub. L. 104–193, §110(n)(9)(B),

struck out ‘‘and the JOBS program’’ after ‘‘, including

the Job Corps’’.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–193 effective July 1, 1997,

with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions

relating to termination of entitlement under AFDC

program, see section 116 of Pub. L. 104–193, as amended,

set out as an Effective Date note under section 601 of

Title 42, The Public Health and Welfare.

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, 1518, 1551,

1577, 1643, 1791c of this title; title 7 section 2014.

§ 1645. Linkages

(a) Educational linkages

In conducting the program assisted under this

part, service delivery areas shall establish linkages with the appropriate educational agencies

responsible for service to participants. Such

linkages shall include—

(1) formal agreements with local educational

agencies that will identify—

(A) the procedures for referring and serving in-school youth;

(B) the methods of assessment of in-school

youth; and

(C) procedures for notifying the program

when a youth drops out of the school system;

(2) arrangements to ensure that the program

under this part supplements existing programs

provided by local educational agencies to inschool youth;

(3) arrangements to ensure that the program

under this part utilizes, to the extent possible,

existing services provided by local educational

agencies to out-of-school youth; and

(4) arrangements to ensure that for in-school

participants there is a regular exchange of in-