Eligibility for Youth Services

20 C.F.R. Part ..., Subpart B
in effectEffective: 2024-07-01

20 C.F.R. § 664.200 Who is eligible for youth services?

An eligible youth is defined, under WIA sec. 101(13), as an individual who: (a) Is age 14 through 21; (b) Is a low income individual, as defined in the WIA section 101(25); and (c) Is within one or more of the following categories: (1) Deficient in basic literacy skills; (2) School dropout; (3) Homeless, runaway, or foster child; (4) Pregnant or parenting; (5) Offender; or (6) Is an individual (including a youth with a disability) who requires additional assistance to complete an educational program, or to secure and hold employment. (WIA sec. 101(13).)

20 C.F.R. § 664.205 How is the “deficient in basic literacy skills” criterion in § 664.200(c)(1) defined and documented?

(a) Definitions and eligibility documentation requirements regarding the “deficient in basic literacy skills” criterion in § 664.200(c)(1) may be established at the State or local level. These definitions may establish such criteria as are needed to address State or local concerns, and must include a determination that an individual: (1) Computes or solves problems, reads, writes, or speaks English at or below the 8th grade level on a generally accepted standardized test or a comparable score on a criterion-referenced test; or (2) Is unable to compute or solve problems, read, write, or speak English at a level necessary to function on the job, in the individual's family or in society. (WIA secs. 101(19), 203(12).) (b) In cases where the State Board establishes State policy on this criterion, the policy must be included in the State plan. (WIA secs. 101(13)(C)(i), 101(19).)

20 C.F.R. § 664.210 How is the “requires additional assistance to complete an educational program, or to secure and hold employment” criterion in § 664.200(c)(6) defined and documented?

Definitions and eligibility documentation requirements regarding the “requires additional assistance to complete an educational program, or to secure and hold employment” criterion of § 664.200(c)(6) may be established at the State or local level. In cases where the State Board establishes State policy on this criterion, the policy must be included in the State Plan. (WIA sec. 101(13)(C)(iv).)

20 C.F.R. § 664.215 Must youth participants be registered to participate in the youth program?

(a) Yes, all youth participants must be registered. (b) Registration is the process of collecting information to support a determination of eligibility. (c) Equal opportunity data must be collected during the registration process on any individual who has submitted personal information in response to a request by the recipient for such information.

20 C.F.R. § 664.220 Is there an exception to permit youth who are not low-income individuals to receive youth services?

Yes, up to five percent of youth participants served by youth programs in a local area may be individuals who do not meet the income criterion for eligible youth, provided that they are within one or more of the following categories: (a) School dropout; (b) Basic skills deficient, as defined in WIA section 101(4); (c) Are one or more grade levels below the grade level appropriate to the individual's age; (d) Pregnant or parenting; (e) Possess one or more disabilities, including learning disabilities; (f) Homeless or runaway; (g) Offender; or (h) Face serious barriers to employment as identified by the Local Board. (WIA sec. 129(c)(5).)

20 C.F.R. § 664.230 Are the eligibility barriers for eligible youth the same as the eligibility barriers for the five percent of youth participants who do not have to meet income eligibility requirements?

No, the barriers listed in §§ 664.200 and 664.220 are not the same. Both lists of eligibility barriers include school dropout, homeless or runaway, pregnant or parenting, and offender, but each list contains barriers not included on the other list.

20 C.F.R. § 664.240 May a local program use eligibility for free lunches under the National School Lunch Program as a substitute for the income eligibility criteria under title I of WIA?

No, the criteria for income eligibility under the National School Lunch Program are not the same as the Act's income eligibility criteria. Therefore, the school lunch list may not be used as a substitute for income eligibility to determine who is eligible for services under the Act.

20 C.F.R. § 664.250 May a disabled youth whose family does not meet income eligibility criteria under the Act be eligible for youth services?

Yes, even if the family of a disabled youth does not meet the income eligibility criteria, the disabled youth may be considered a low-income individual if the youth's own income: (a) Meets the income criteria established in WIA section 101(25)(B); or (b) Meets the income eligibility criteria for cash payments under any Federal, State or local public assistance program. (WIA sec. 101(25)(F).)

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