YouthBuild school-dropout eligibility

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL11-09acc.pdf

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                  WIA/Youth Build
                                                           CORRESPONDENCE SYMBOL
               ADVISORY SYSTEM                             OWI
          U.S. DEPARTMENT OF LABOR                         DATE
             Washington, D.C. 20210
                                                           December 4, 2009



ADVISORY:          TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 11-09

TO:                STATE WORKFORCE AGENCIES
                   STATE WORKFORCE LIAISONS
                   STATE WORKFORCE ADMINISTRATORS
                   STATE AND LOCAL WORKFORCE INVESTMENT BOARDS
                   ALL YOUTHBUILD GRANTEES

FROM:              JANE OATES /s/
                   Assistant Secretary

SUBJECT:           Expanded Participant Eligibility for the YouthBuild Program

1. Purpose. To clarify the definition of “school dropout” as it pertains to YouthBuild program
   participants under the Workforce Investment Act (WIA)

2. References.
   • Workforce Investment Act of 1998 (WIA) 20-C.F.R. 664.310
   • YouthBuild Transfer Act (PL 109-281 September 2006)

3. Background. The YouthBuild Transfer Act (PL 109-281 September 2006) authorized the
   transfer of the YouthBuild program from the Department of Housing and Urban Development
   (HUD) to the Department of Labor (DOL) by amending the Workforce Investment Act (WIA)
   of 1998 by adding Section 173A. Under WIA, the term “school dropout” is defined as “an
   individual who is no longer attending any school and who has not received a secondary school
   diploma or its recognized equivalent” (29 U.S.C. 2801(39) ). Additionally, “A youth’s
   dropout status is determined at the time of registration. A youth attending an alternative
   school at the time of registration is not a dropout” (20 C.F.R. 664.310).

4. Participant Definition for YouthBuild Grantees: Under the WIA definition, if an
   individual had dropped out of high school, but subsequently enrolled in an alternative school
   (such as a charter school program), he or she would generally not be eligible to enroll in the
   YouthBuild program except under the 25% eligibility exception (29 U.S.C. 2918a(e)(1)(B) ).
   However, under the prior law administered by HUD, an eligible participant could be “an
   individual who had dropped out of high school” which was interpreted to include individuals
   who had dropped out of high school and subsequently enrolled in an alternative school. A
   strategy used by a number of HUD YouthBuild grantees was to first enroll dropouts in a
   charter school and provide educational services and support. These individuals were then
   enrolled as full participants in the YouthBuild program.


 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

  Both the American Recovery and Reinvestment Act, P.L. 111-5 (2009) and the 2009 Omnibus
  Appropriations Act, P.L. 118-8 (2009) broadened the WIA YouthBuild school dropout
  provision for Program Years 2008 and 2009 as follows: “The YouthBuild program may serve
  an individual who has dropped out of high school and re-enrolled in an alternative school, if
  that re-enrollment is part of a sequential service strategy.” Under these statutory provisions, a
  YouthBuild program may now serve an individual who has dropped out of high school and re-
  enrolled in an alternative school, if that re-enrollment is part of a sequential service strategy.
  The term “alternative school” broadly refers to schools or programs that are set up by states,
  school districts, or other community-based entities to serve young people who are not
  succeeding in a traditional public school environment. The term “sequential service program”
  means an alternative school that is connected with a YouthBuild program and provides a year
  or more of educational services prior to entry into the formal YouthBuild program supported
  by ETA. This definition is intended to encompass a charter school that is connected to a
  YouthBuild program.

  This provision is applicable to grant activities carried out through June 30, 2010. It is
  anticipated that the provision will be permanently extended since such an extension is
  included in both the House-passed and Senate Committee-reported DOL FY 2010
  appropriations bills pending before Congress. Additional guidance will be issued if this
  eligibility criterion is extended.

5. Inquiries. Questions on this Training and Employment Guidance Letter (TEGL) may be
   addressed to Anne Stom, Supervisory Workforce Development Specialist, Division of Youth
   Services, Office of Workforce Investment, at 202-693-3377 or [email protected].




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