§1643. Eligibility for services

(a) In-school youth

Except as provided in subsections (e) and (g) of this section, 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 title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]; or

(C) has been determined to meet the eligibility requirements for free meals under the Richard B. Russell 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.

(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) of this section.

(c) Out-of-school youth

Except as provided in subsection (e) of this section, 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 1644(d)(2) of this title).

(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) of this section.

(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) of this section, 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) of this section, 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) 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 ; Pub. L. 106–78, title VII, §752(b)(12), Oct. 22, 1999, 113 Stat. 1169 .)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059 , provided that this section is repealed effective July 1, 2000.

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 Richard B. Russell 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

1999-Subsec. (a)(2)(C). Pub. L. 106–78 substituted "Richard B. Russell National School Lunch Act" for "National School Lunch Act".

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.