20 U.S.C. § 1161w (EDUCATION)
§ 1161w. Path to success
(a) Purpose
The purpose of this section is to encourage community supported programs that—
(1) leverage and enhance community support for at-risk young adults by facilitating the transition of such young adults who are eligible individuals into productive learning environments where such young adults can obtain the life, social, academic, career, and technical skills and credentials necessary to strengthen the Nation’s workforce;
(2) provide counseling, as appropriate, for eligible individuals participating in the programs to allow the eligible individuals to build a relationship with one or more guidance counselors during the period that the individuals are enrolled in the programs, including providing referrals and connections to community resources that help eligible individuals transition back into the community with the necessary life, social, academic, career, and technical skills after being in detention, or incarcerated, particularly resources related to health, housing, job training, and workplace readiness;
(3) provide training and education for eligible individuals participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the deterrence and prevention of gang and youth violence by participating in seminars, training, and workshops throughout the community; and
(4) provide each eligible individual participating in the programs with individual attention based on a curriculum that matches the interests and abilities of the individual to the resources of the program.
(b) Reentry education program
(1) Grant program established
From the amounts appropriated under subsection (g), the Secretary is authorized to award grants to community colleges to enter into and maintain partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to eligible individuals who reenter the community and pursue, in accordance with the requirements of this section, at least one of the following:
(A) A certificate of completion for a specialized area of study, such as career and technical training and other alternative postsecondary educational programs.
(B) An associate’s degree.
(2) Grant period
A grant awarded under this part shall be for one four-year period, and may be renewed for an additional period as the Secretary determines to be appropriate.
(3) Application
A community college desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. Such application shall include—
(A) an assessment of the existing community resources available to serve at-risk youth;
(B) a detailed description of the program and activities the community college will carry out with such grant; and
(C) a proposed budget describing how the community college will use the funds made available by such grant.
(4) Priority
In awarding grants under this part, the Secretary shall give priority to community colleges that propose to serve the highest number of priority individuals, and, among such community colleges, shall give priority to community colleges that the Secretary determines will best carry out the purposes of this part, based on the applications submitted in accordance with paragraph (3).
(c) Allowable uses of funds
A community college awarded a grant under this part may use such grant to—
(1) pay for tuition and transportation costs of eligible individuals;
(2) establish and carry out an education program that includes classes for eligible individuals that—
(A) provide marketable life and social skills to such individuals;
(B) meet the education program requirements under subsection (d), including as appropriate, courses necessary for the completion of a secondary school diploma or the recognized equivalent;
(C) promote the civic engagement of such individuals; and
(D) facilitate a smooth reentry of such individuals into the community;
(3) create and carry out a mentoring program that is—
(A) specifically designed to help eligible individuals with the potential challenges of the transitional period from detention to release;
(B) created in consultation with guidance counselors, academic advisors, law enforcement officials, and other community resources; and
(C) administered by a program coordinator, selected and employed by the community college, who shall oversee each individual’s development and shall serve as the immediate supervisor and reporting officer to whom the academic advisors, guidance counselors, and volunteers shall report regarding the progress of each such individual;
(4) facilitate employment opportunities for eligible individuals by entering into partnerships with public and private entities to provide opportunities for internships, apprenticeships, and permanent employment, as possible, for such individuals; and
(5) provide training for eligible individuals participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the deterrence and prevention of gang and youth violence by participating in seminars and workshop series throughout the community.
(d) Education program requirements
An education program established and carried out under subsection (c) shall—
(1) include classes that are required for completion of a certificate, diploma, or degree described in subparagraph (A) or (B) of subsection (b)(1), including as appropriate courses necessary for the completion of a secondary school diploma or the recognized equivalent;
(2) provide a variety of academic programs, with various completion requirements, to accommodate the diverse academic backgrounds, learning styles, and academic and career interests of the eligible individuals who participate in the education program;
(3) offer flexible academic programs that are designed to improve the academic development and achievement of eligible individuals, and to avoid high attrition rates for such individuals; and
(4) provide for a uniquely designed education plan for each eligible individual participating in the program, which shall require such individual to receive, at a minimum, a certificate or degree described in subparagraph (A) or (B) of subsection (b)(1) to successfully complete such program.
(e) Reports
Each community college awarded a grant under this part shall submit to the Secretary a report—
(1) documenting the results of the program carried out with such grant; and
(2) evaluating the effectiveness of activities carried out through such program.
(f) Definitions
In this section:
(1) Community college
The term “community college” has the meaning given the term “junior or community college” in section 1058(f) of this title.
(2) Eligible individual
The term “eligible individual” means an individual who—
(A) is 16 to 25 years of age (inclusive); and
(B)
(i) has been convicted of a criminal offense; and
(ii) is detained in, or has been released from, a juvenile detention center or secure juvenile justice residential facility.
(3) Gang-related offense
(A) In general
The term “gang-related offense” means an offense that involves the circumstances described in subparagraph (B) and that is—
(i) a Federal or State felony involving a controlled substance (as defined in section 802 of title 21) for which the maximum penalty is not less than five years;
(ii) a Federal or State crime of violence that has as an element the use or attempted use of physical force against the person of another for which the maximum penalty is not less than six months; or
(iii) a conspiracy to commit an offense described in clause (i) or (ii).
(B) Circumstances
The circumstances described in this subparagraph are that the offense described in subparagraph (A) was committed by a person who—
(i) participates in a criminal street gang (as defined in section 521(a) of title 18) with knowledge that such gang’s members engage in or have engaged in a continuing series of offenses described in subparagraph (A); and
(ii) intends to promote or further the felonious activities of the criminal street gang or maintain or increase the person’s position in the gang.
(4) Priority individual
The term “priority individual” means an individual who—
(A) is an eligible individual;
(B) has been convicted of a gang-related offense; and
(C) has served or is serving a period of detention in a juvenile detention center or secure juvenile justice residential facility for such offense.
(5) Guidance counselor
The term “guidance counselor” means an individual who works with at-risk youth on a one-on-one basis, to establish a supportive relationship with such at-risk youth and to provide such at-risk youth with academic assistance and exposure to new experiences that enhance their ability to become responsible citizens.
(g) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
(Pub. L. 89–329, title VIII, § 892, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3436.)