§1644. 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;
(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;
(C) a review of the progress of each participant in meeting the objectives of the service strategy; and
(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 chapter; 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) of this section, 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 1604(b)(1) of this title;
(B) tutoring and study skills training;
(C) alternative high school services within programs that meet the requirements of section 1551(o)(1) of this title;
(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;
(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 1604(b)(2) of this title;
(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 1733(c) of this title.
(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.
(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.
(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 of this subchapter; and
(II) have career advancement potential.
(ii) Formal program of 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 skills.
(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)(1) of this section.
(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.
(
Repeal of Section
Amendments
1996-Subsec. (b)(1)(A), (B).
Subsec. (d)(3)(A), (B).
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective July 1, 1993, see section 701(a) of
Section Referred to in Other Sections
This section is referred to in sections 1503, 1518, 1551, 1577, 1643, 1791c of this title; title 7 section 2014.