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29 U.S.C. § 1644

Section 1644 · Program design

Current version, with additions and removals from the September 7, 1992 version.

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Current — August 22, 1996
As of September 7, 1992
(a) Year-round operation
(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.

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
(b) Essential elements

(1) In general

(1) In general

The programs under this part shall include—

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 (such as the JOBS program);
(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 (such as the JOBS 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

(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:

(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.

(i) Basic skills training.

(ii) Occupational skills training.

(ii) Occupational skills training.

(iii) Preemployment and work maturity skills training.

(iii) Preemployment and work maturity skills training.

(iv) Work experience combined with skills training.

(iv) Work experience combined with skills training.

(v) Supportive services.

(v) Supportive services.

(2) Additional requirements

(2) Additional requirements

(A) Information and referrals

(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—

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

(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.

(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

(B) Applicants not meeting enrollment requirements

(i) Service providers

(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.

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

(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.

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
(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—

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—

(1) direct training services, including—

(A) the services described in section 1604(b)(1) of this title;

(A) the services described in section 1604(b)(1) of this title;

(B) tutoring and study skills training;

(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;

(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;

(D) instruction leading to high school completion or the equivalent;

(E) mentoring;

(E) mentoring;

(F) limited internships in the private sector;

(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;

(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;

(H) entry employment experience programs;

(I) school-to-work transition services;

(I) school-to-work transition services;

(J) school-to-postsecondary education transition services;

(J) school-to-postsecondary education transition services;

(K) school-to-apprenticeship transition services; and

(K) school-to-apprenticeship transition services; and

(L) preemployment and work maturity skills training; and

(L) preemployment and work maturity skills training; and

(2) training-related and supportive services, including—

(2) training-related and supportive services, including—

(A) the services described in section 1604(b)(2) of this title;

(A) the services described in section 1604(b)(2) of this title;

(B) drug and alcohol abuse counseling and referral;

(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

(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) cash incentives and bonuses based on attendance and performance in a program.

(d) Additional requirements
(d) Additional requirements

(1) Strategies and services

(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.

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

(2) School dropouts

(A) Participation requirements

(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).

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

(B) Service delivery requirements

(i) In general

(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.

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

(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.

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

(iii) Additional option

Each service delivery area shall provide, as a second option for school attendance for each such participant—

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;

(I) an option to reenroll in and attend school;

(II) an option to enroll in and attend an alternative high school; or

(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.

(III) an option to enroll in and attend an alternative course of study approved by the local educational agency.

(3) Skills training

(3) Skills training

(A) Preemployment and work maturity 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 and the JOBS program.
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

(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 and the JOBS program.
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

(C) On-the-job training

(i) Positions

(i) Positions

On-the-job training authorized under this part shall only be available in positions that—

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

(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) have career advancement potential.

(ii) Formal program of structured job training

(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.

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

(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).

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

(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.

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

(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.

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

(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.

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

(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.

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.

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