29 U.S. Code § 2854 - Use of funds for youth activities
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The purposes of this section are—
(1) to provide, to eligible youth seeking assistance in achieving academic and employment success, effective and comprehensive activities, which shall include a variety of options for improving educational and skill competencies and provide effective connections to employers;
(2) to ensure on-going mentoring opportunities for eligible youth with adults committed to providing such opportunities;
(b) Statewide youth activities
(1) In general
Funds reserved by a Governor for a State as described in sections 2853 (a) and 2863 (a)(1) of this title—
(2) Required statewide youth activities
A State shall use funds reserved as described in sections 2853 (a) and 2863 (a)(1) of this title (regardless of whether the funds were allotted to the State under section 2852 (b)(1) of this title or paragraph (1) or (2) of section 2862 (b) of this title) to carry out statewide youth activities, which shall include—
(A) disseminating a list of eligible providers of youth activities described in section 2843 of this title;
(B) carrying out activities described in clauses (ii) through (vi) of section 2864 (a)(2)(B) of this title, except that references in such clauses to activities authorized under section 2864 of this title shall be considered to be references to activities authorized under this section; and
(3) Allowable statewide youth activities
A State may use funds reserved as described in sections 2853 (a) and 2863 (a)(1) of this title (regardless of whether the funds were allotted to the State under section 2852 (b)(1) of this title or paragraph (1) or (2) of section 2862 (b) of this title) to carry out additional statewide youth activities, which may include—
(A) carrying out activities described in clauses (i), (ii), (iii), (iv)(II), and (vi)(II) of section 2864 (a)(3)(A) of this title, except that references in such clauses to activities authorized under section 2864 of this title shall be considered to be references to activities authorized under this section; and
(c) Local elements and requirements
(1) Program design
Funds allocated to a local area for eligible youth under paragraph (2)(A) or (3), as appropriate, of section 2853 (b) of this title shall be used to carry out, for eligible youth, programs that—
(A) provide an objective assessment of the academic levels, 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), supportive service needs, and developmental needs of such participant, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program;
(B) develop service strategies for each participant that shall identify an employment goal (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program; and
(2) Program elements
The programs described in paragraph (1) shall provide elements consisting of—
(A) tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies;
(F) leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during non-school hours, as appropriate;
(H) adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months;
(I) followup services for not less than 12 months after the completion of participation, as appropriate; and
(3) Additional requirements
(A) Information and referrals
Each local board shall ensure that each participant or applicant who meets the minimum income criteria to be considered an eligible youth shall be provided—
(i) information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those receiving funds under this subchapter; and
(B) Applicants not meeting enrollment requirements
Each eligible provider of a program of youth activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant.
(A) In general
At a minimum, 30 percent of the funds described in paragraph (1) shall be used to provide youth activities to out-of-school youth.
A State that receives a minimum allotment under section 2852 (b)(1) of this title in accordance with section 2852 (b)(1)(C)(iv)(II) of this title or under section 2862 (b)(1) of this title in accordance with section 2862 (b)(1)(B)(iv)(II) of this title may reduce the percentage described in subparagraph (A) for a local area in the State, if—
(i) after an analysis of the eligible youth population in the local area, the State determines that the local area will be unable to meet the percentage described in subparagraph (A) due to a low number of out-of-school youth; and
Not more than 5 percent of participants assisted under this section in each local area may be individuals who do not meet the minimum income criteria to be considered eligible youth, if such individuals are within one or more of the following categories:
(C) Individuals with educational attainment that is one or more grade levels below the grade level appropriate to the age of the individuals.
(A) Prohibition against Federal control of education
No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system.
All of the funds made available under this Act shall be used in accordance with the requirements of this Act. None of the funds made available under this Act may be used to provide funding under the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.) or to carry out, through programs funded under this Act, activities that were funded under the School-to-Work Opportunities Act of 1994, unless the programs funded under this Act serve only those participants eligible to participate in the programs under this Act.
(C) Noninterference and nonreplacement of regular academic requirements
No funds described in paragraph (1) shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth.
In coordinating the programs authorized under this section, youth councils shall establish linkages with educational agencies responsible for services to participants as appropriate.
Source(Pub. L. 105–220, title I, § 129,Aug. 7, 1998, 112 Stat. 978.)
References in Text
This Act, referred to in subsec. (c)(6)(A), (B), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, as amended, known as the Workforce Investment Act of 1998. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables.
The School-to-Work Opportunities Act of 1994, referred to in subsec. (c)(6)(B), is Pub. L. 103–239, May 4, 1994, 108 Stat. 568, as amended, which is classified principally to chapter 69 (§ 6101 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 20 and Tables.
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