
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2854]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
     SUBCHAPTER II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
 
                        Part D--Youth Activities
 
Sec. 2854. Use of funds for youth activities


(a) Purposes

    The purposes of this section are--
        (1) to provide, to eligible youth seeking assistance in 
    achieving academic and employment success, effective and 
    comprehensive activities, which shall include a variety of options 
    for improving educational and skill competencies and provide 
    effective connections to employers;
        (2) to ensure on-going mentoring opportunities for eligible 
    youth with adults committed to providing such opportunities;
        (3) to provide opportunities for training to eligible youth;
        (4) to provide continued supportive services for eligible youth;
        (5) to provide incentives for recognition and achievement to 
    eligible youth; and
        (6) to provide opportunities for eligible youth in activities 
    related to leadership, development, decisionmaking, citizenship, and 
    community service.

(b) Statewide youth activities

                           (1) In general

        Funds reserved by a Governor for a State as described in 
    sections 2853(a) and 2863(a)(1) of this title--
            (A) shall be used to carry out the statewide youth 
        activities described in paragraph (2); and
            (B) may be used to carry out any of the statewide youth 
        activities described in paragraph (3),

    regardless of whether the funds were allotted to the State under 
    section 2852(b)(1) of this title or under paragraph (1) or (2) of 
    section 2862(b) of this title.

               (2) Required statewide youth activities

        A State shall use funds reserved as described in sections 
    2853(a) and 2863(a)(1) of this title (regardless of whether the 
    funds were allotted to the State under section 2852(b)(1) of this 
    title or paragraph (1) or (2) of section 2862(b) of this title) to 
    carry out statewide youth activities, which shall include--
            (A) disseminating a list of eligible providers of youth 
        activities described in section 2843 of this title;
            (B) carrying out activities described in clauses (ii) 
        through (vi) of section 2864(a)(2)(B) of this title, except that 
        references in such clauses to activities authorized under 
        section 2864 of this title shall be considered to be references 
        to activities authorized under this section; and
            (C) providing additional assistance to local areas that have 
        high concentrations of eligible youth to carry out the 
        activities described in subsection (c) of this section.

              (3) Allowable statewide youth activities

        A State may use funds reserved as described in sections 2853(a) 
    and 2863(a)(1) of this title (regardless of whether the funds were 
    allotted to the State under section 2852(b)(1) of this title or 
    paragraph (1) or (2) of section 2862(b) of this title) to carry out 
    additional statewide youth activities, which may include--
            (A) carrying out activities described in clauses (i), (ii), 
        (iii), (iv)(II), and (vi)(II) of section 2864(a)(3)(A) of this 
        title, except that references in such clauses to activities 
        authorized under section 2864 of this title shall be considered 
        to be references to activities authorized under this section; 
        and
            (B) carrying out, on a statewide basis, activities described 
        in subsection (c) of this section.

                           (4) Prohibition

        No funds described in this subsection or section 2864(a) of this 
    title shall be used to develop or implement education curricula for 
    school systems in the State.

(c) Local elements and requirements

                         (1) Program design

        Funds allocated to a local area for eligible youth under 
    paragraph (2)(A) or (3), as appropriate, of section 2853(b) of this 
    title shall be used to carry out, for eligible youth, programs 
    that--
            (A) provide an objective assessment of the academic levels, 
        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), supportive service needs, and developmental needs of such 
        participant, except that a new assessment of a participant is 
        not required if the provider carrying out such a program 
        determines it is appropriate to use a recent assessment of the 
        participant conducted pursuant to another education or training 
        program;
            (B) develop service strategies for each participant that 
        shall identify an employment goal (including, in appropriate 
        circumstances, nontraditional employment), appropriate 
        achievement objectives, and appropriate services for the 
        participant taking into account the assessment conducted 
        pursuant to subparagraph (A), except that a new service strategy 
        for a participant is not required if the provider carrying out 
        such a program determines it is appropriate to use a recent 
        service strategy developed for the participant under another 
        education or training program; and
            (C) provide--
                (i) preparation for postsecondary educational 
            opportunities, in appropriate cases;
                (ii) strong linkages between academic and occupational 
            learning;
                (iii) preparation for unsubsidized employment 
            opportunities, in appropriate cases; and
                (iv) effective connections to intermediaries with strong 
            links to--
                    (I) the job market; and
                    (II) local and regional employers.

                        (2) Program elements

        The programs described in paragraph (1) shall provide elements 
    consisting of--
            (A) tutoring, study skills training, and instruction, 
        leading to completion of secondary school, including dropout 
        prevention strategies;
            (B) alternative secondary school services, as appropriate;
            (C) summer employment opportunities that are directly linked 
        to academic and occupational learning;
            (D) as appropriate, paid and unpaid work experiences, 
        including internships and job shadowing;
            (E) occupational skill training, as appropriate;
            (F) leadership development opportunities, which may include 
        community service and peer-centered activities encouraging 
        responsibility and other positive social behaviors during non-
        school hours, as appropriate;
            (G) supportive services;
            (H) adult mentoring for the period of participation and a 
        subsequent period, for a total of not less than 12 months;
            (I) followup services for not less than 12 months after the 
        completion of participation, as appropriate; and
            (J) comprehensive guidance and counseling, which may include 
        drug and alcohol abuse counseling and referral, as appropriate.

                     (3) Additional requirements

        (A) Information and referrals

            Each local board shall ensure that each participant or 
        applicant who meets the minimum income criteria to be considered 
        an eligible youth shall be provided--
                (i) information on the full array of applicable or 
            appropriate services that are available through the local 
            board or other eligible providers or one-stop partners, 
            including those receiving funds under this subchapter; 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

            Each eligible provider of a program of youth activities 
        shall ensure that an eligible applicant who does not meet the 
        enrollment requirements of the particular program or who cannot 
        be served shall be referred for further assessment, as 
        necessary, and referred to appropriate programs in accordance 
        with subparagraph (A) to meet the basic skills and training 
        needs of the applicant.

        (C) Involvement in design and implementation

            The local board shall ensure that parents, participants, and 
        other members of the community with experience relating to 
        programs for youth are involved in the design and implementation 
        of the programs described in paragraph (1).

                            (4) Priority

        (A) In general

            At a minimum, 30 percent of the funds described in paragraph 
        (1) shall be used to provide youth activities to out-of-school 
        youth.

        (B) Exception

            A State that receives a minimum allotment under section 
        2852(b)(1) of this title in accordance with section 
        2852(b)(1)(C)(iv)(II) of this title or under section 2862(b)(1) 
        of this title in accordance with section 2862(b)(1)(B)(iv)(II) 
        of this title may reduce the percentage described in 
        subparagraph (A) for a local area in the State, if--
                (i) after an analysis of the eligible youth population 
            in the local area, the State determines that the local area 
            will be unable to meet the percentage described in 
            subparagraph (A) due to a low number of out-of-school youth; 
            and
                (ii)(I) the State submits to the Secretary, for the 
            local area, a request including a proposed reduced 
            percentage for purposes of subparagraph (A), and the summary 
            of the eligible youth population analysis; and
                (II) the request is approved by the Secretary.

                           (5) Exceptions

        Not more than 5 percent of participants assisted under this 
    section in each local area may be individuals who do not meet the 
    minimum income criteria to be considered eligible youth, if such 
    individuals are within one or more of the following categories:
            (A) Individuals who are school dropouts.
            (B) Individuals who are basic skills deficient.
            (C) Individuals with educational attainment that is one or 
        more grade levels below the grade level appropriate to the age 
        of the individuals.
            (D) Individuals who are pregnant or parenting.
            (E) Individuals with disabilities, including learning 
        disabilities.
            (F) Individuals who are homeless or runaway youth.
            (G) Individuals who are offenders.
            (H) Other eligible youth who face serious barriers to 
        employment as identified by the local board.

                          (6) Prohibitions

        (A) Prohibition against Federal control of education

            No provision of this Act shall be construed to authorize any 
        department, agency, officer, or employee of the United States to 
        exercise any direction, supervision, or control over the 
        curriculum, program of instruction, administration, or personnel 
        of any educational institution, school, or school system, or 
        over the selection of library resources, textbooks, or other 
        printed or published instructional materials by any educational 
        institution, school, or school system.

        (B) Nonduplication

            All of the funds made available under this Act shall be used 
        in accordance with the requirements of this Act. None of the 
        funds made available under this Act may be used to provide 
        funding under the School-to-Work Opportunities Act of 1994 (20 
        U.S.C. 6101 et seq.) or to carry out, through programs funded 
        under this Act, activities that were funded under the School-to-
        Work Opportunities Act of 1994, unless the programs funded under 
        this Act serve only those participants eligible to participate 
        in the programs under this Act.

        (C) Noninterference and nonreplacement of regular academic 
                requirements

            No funds described in paragraph (1) shall be used to provide 
        an activity for eligible youth who are not school dropouts if 
        participation in the activity would interfere with or replace 
        the regular academic requirements of the youth.

                            (7) Linkages

        In coordinating the programs authorized under this section, 
    youth councils shall establish linkages with educational agencies 
    responsible for services to participants as appropriate.

                           (8) Volunteers

        The local board shall make opportunities available for 
    individuals who have successfully participated in programs carried 
    out under this section to volunteer assistance to participants in 
    the form of mentoring, tutoring, and other activities.

(Pub. L. 105-220, title I, Sec. 129, Aug. 7, 1998, 112 Stat. 978.)

                       References in Text

    This Act, referred to in subsec. (c)(6)(A), (B), is Pub. L. 105-220, 
Aug. 7, 1998, 112 Stat. 936, as amended, known as the Workforce 
Investment Act of 1998. For complete classification of this Act to the 
Code, see Short Title note set out under section 9201 of Title 20, 
Education, and Tables.
    The School-to-Work Opportunities Act of 1994, referred to in subsec. 
(c)(6)(B), is Pub. L. 103-239, May 4, 1994, 108 Stat. 568, as amended, 
which is classified principally to chapter 69 (Sec. 6101 et seq.) of 
Title 20, Education. For complete classification of this Act to the 
Code, see Short Title note set out under section 6101 of Title 20 and 
Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 2801, 2822, 2832, 2853, 
2864, 2871, 2914 of this title.
