[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR628.803] [Page 253-255] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 628--PROGRAMS UNDER TITLE II OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents Subpart H--Youth Training Program Sec. 628.803 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 [[Page 254]] 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, [[Page 255]] 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.