YouthBuild school-dropout eligibility revision

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL11-09c1acc.pdf

CLASSIFICATION
 EMPLOYMENT AND TRAINING ADMINISTRATION                   WIA/Youth
             ADVISORY SYSTEM                              CORRESPONDENCE SYMBOL
                                                          OWI
        U.S. DEPARTMENT OF LABOR
                                                          DATE
           Washington, D.C. 20210                         February 24, 2010



ADVISORY:          TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 11-09,
                   Change 1

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:           Revision to Expanded Participant Eligibility for the YouthBuild Program


1. Purpose. To provide a revision and clarification to policy guidance previously issued to states
and national YouthBuild program grantees concerning the Employment and Training
Administration’s (ETA) 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)
    • Training and Employment Guidance Letter No. 11-09, “Expanded Participant Eligibility
       for the YouthBuild Program”.

3. Background. In TEGL No. 11-09, the Department issued policy guidance to states and
national YouthBuild program grantees on the WIA definition of school dropout. 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”
(29U.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).




 RESCISSIONS                                               EXPIRATION DATE
 None                                                      Continuing

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 YouthBuild law administered by HUD, an eligible participant could be
“an individual who has 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.

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: “[T]he 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 enrollment into the YouthBuild program supported by DOL
funding. This definition is intended to include a charter school that is operated by and connected
to a YouthBuild program.

This provision has now been permanently extended; language from the DOL FY 2010
appropriations bill states: “That for program year 2010 and each program year thereafter, 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.”

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




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