YOUTH TRAINING PROGRAM ELIGIBILITY AND SERVICES.

SEC. 208. YOUTH TRAINING PROGRAM ELIGIBILITY AND SERVICES. Title II of the Act (as amended by the preceding sections) is further amended by adding at the end the following: “SEC. 263. ELIGIBILITY FOR SERVICES. “(a) In-School Youth.— Except as provided in subsections (e) and (g), 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 chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 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. 106 STAT. 1067 “(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 run-away youth. “(6) Individuals who are offenders. “(7) Individuals within a category established under subsection (h). “(c) Out-Of-School Youth.— Except as provided in subsection (e), 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-of-School 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 264(d)(2)). “(3) Individuals who are pregnant or parenting. “(4) Individuals with disabilities, including a learning disability. “(5) Individuals who are homeless or run-away youth. “(6) Individuals who are offenders. “(7) Individuals in a category established under subsection (h). “(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), 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), or categories such as individuals with limited-English language proficiency, alcoholics, or drug addicts. “(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). “(2) Counting of in-school individuals.— In-school individuals served as a part of a schoolwide project under subsection (g) 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), an individual who does not meet the requirements of subsection (a)(2) 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 chapter 1 of title I of the106 STAT. 1068 Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.); “(C) in which not less than 70 percent of the students enrolled are included in the categories described in subsection (b); and “(D) that conducts a program under a cooperative arrangement that meets the requirements of section 265(d). “(2) Definition.— 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) and one category to the categories of eligible individuals described in subsection (d) 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 121. “SEC. 264. 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 (such as the JOBS 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 (such as the JOBS program); “(C) a review of the progress of each participant in meeting the objectives of the service strategy; and 106 STAT. 1069 “(D) each of the following services, which shall be provided either directly or through 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 Act; 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), 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 204(b)(1); “(B) tutoring and study skills training; “(C) alternative high school services within programs that meet the requirements of section 141(o)(1); “(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; 106 STAT. 1070 “(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 204(b)(2); “(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 453(c). “(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. “(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 and the JOBS program. 106 STAT. 1071 “(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 and the JOBS program. “(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; and “(II) have career advancement potential. “(ii) Formal program or 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 “(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)(l). “(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. “SEC. 265. 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— 106 STAT. 1072 “(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 in-school 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 information between the program and the educational agency relating to participant progress, problems, and needs, including, in appropriate circumstances, interim assessment results. “(b) Education and Training Program Linkages.— In conducting the program assisted under this part, service delivery areas shall establish appropriate linkages with other education and training programs authorized under Federal law. Such programs shall include, where feasible, programs assisted under— “(1) part B of title IV (the Job Corps); “(2) parts A through D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.); “(3) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.); “(4) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); “(5) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); “(6) part F of title IV of the Social Security Act (JOBS) (42 U.S.C. 681 et seq.); “(7) the Food Stamp Act (7 U.S.C. 2011 et seq.); “(8) the National Apprenticeship Act (29 U.S.C. 50 et seq.); “(9) the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77; 101 Stat. 482); and “(10) any other provisions of this Act. “(c) Other Programs.— In addition to the linkages required under subsections (a) and (b), service delivery areas receiving financial assistance under this part shall establish other appropriate linkages to enhance the provision of services under this part. Such linkages may be established with State and local service agencies, public housing agencies, community-based organizations, business and labor organizations, volunteer groups working with at-risk youth, parents and family members, juvenile justice systems, and other training, education, employment and social service programs, including programs conducted under part A. “(d) Schoolwide Projects for Low-Income Schools.— In conducting a program serving individuals specified in section 263(g), the service delivery area shall establish a cooperative arrangement with the appropriate local educational agency that shall, in addition to the other requirements of this section, include— “(1) a description of the ways in which the program will supplement the educational program of the school; “(2) identification of measurable goals to be achieved by the program and provision for assessing the extent to which such goals are met; 106 STAT. 1073 “(3) a description of the ways in which the program will use resources provided under this part and resources provided under other education programs to achieve the goals identified in paragraph (2); “(4) a description of the number of individuals to be served; and “(5) assurances that the resources provided under this part shall be used to supplement and not supplant existing sources of funds. “SEC. 266. TRANSFER OF FUNDS. “A service delivery area may transfer up to 10 percent of the amounts allocated to the service delivery area under section 262(b) to the program under part A if such transfer is— “(1) described in the job training plan; and “(2) approved by the Governor.”.