Youth Participant Eligibility Determination Under Title I Of The Workforce Innovation And Opportunity Act (WIOA)
The following guidelines are being issued pursuant to the Workforce Innovation and Opportunity Act (WIOA) and the proposed rules issued in the Federal Register, Thursday, April 16, 2015. The purpose of the guidelines is to identify requirements relating to certification of participants to be served with Title WIOA I funds used for youth. These guidelines are subject to revision as additional guidance is issued by the United States Department of Labor. Supplemental information, such as the Poverty Guidelines, Lower Living Standard Income Levels, and other forms are included. The forms will be updated as new guidance is issued.
Program Eligibility
Both in-school youth (ISY) and out-of-school youth (OSY), as defined below, are eligible for youth services. (WIOA sec. 3(18))
Out-of-School Youth
An out-of-school youth (OSY) is an individual who is:
- Not attending any school (as defined under NJ State law);
- Not younger than 16 or older than age 24 at time of enrollment. Because age eligibility is based on age at enrollment, participants may continue to receive services beyond the age of 24 once they are enrolled in the program; and
- One or more of the following:
- A school dropout;
- A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. School year calendar quarter is based on how a local school district defines its school year quarters. In cases where schools do not use quarters, local programs must use calendar year quarters;
- A recipient of a secondary school diploma or its recognized equivalent who is a low income individual and is either basic skills deficient or an English language learner;
- An offender;
- A homeless individual (as defined in sec. 41403(6) of the Violence Against Women Act of 1994, a homeless child or youth (as defined in sec. 725(2) of the McKinney-Vento Homeless Assistance Act, or a runaway;
- An individual in foster care or who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; a child eligible for assistance under sec. 477 of the Social Security Act, or in an out-of-home placement;
- An individual who is pregnant or parenting;
- An individual with a disability;
- A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment. (20 CFR 681.210)
The Final Rules at 20 CFR 681.240 provides the following clarification: An individual who is out of school at the time of enrollment, and subsequently placed in any school is an OSY for the purposes of the 75 percent expenditure requirement for OSY throughout his/her participation in the program.
In-School Youth
An in-school youth (ISY) is an individual who is:
- Attending school (as defined by State law), including secondary and post-secondary school;
- Not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21 at time of enrollment. Because age eligibility is based on age at enrollment, participants may continue to receive services beyond the age of 21 once they are enrolled in the program;
- A low-income individual; and
- One or more of the following:
- Basic skills deficient in reading and writing English
- An English language learner;
- An offender;
- A homeless individual (as defined in sec. 41403(6) of the Violence Against Women Act of 1994, a homeless child or youth (as defined in sec. 725(2) of the McKinney-Vento Homeless Assistance Act , or a runaway;
- An individual in foster care or who has aged out of the foster care system or who has attained 16 years of age and left foster care for kinship guardianship or adoption, a child eligible for assistance under sec. 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-home placement;
- An individual who is pregnant or parenting;
- An individual with a disability;
- An individual who requires additional assistance to enter or complete an educational program or to secure or hold employment. (20 CFR 681.220)
NOTE (Schools): For the purposes of WIOA, USDOL does not consider provider of adult education under Title II of WIOA, YouthBuild programs, the Job Corps program high school equivalency programs, or drop-out re-engagement programs to be schools, regardless of the funding source. Youth attending high school equivalency programs funded by the public K-12 school system who are classified by the school system as still enrolled in the school are exceptions; they are considered in-school youth. (20 CFR 681.230). Also, youth attending private and charter schools are considered in-school youth for the purposes of WIOA eligibility.
Citizenship/Authorization to Work
To receive WIOA services, participants must be citizens or nationals of the United States, lawfully admitted resident aliens, refugees, asylees and parolees and other immigrants authorized by the Attorney General to work in the United States. [WIOA Sec. 188 (5)]
For documents acceptable for verifying these criteria, see the Workforce Innovation and Opportunity Act Youth Eligibility Desk Aid.
Veterans
Veterans and eligible spouses receive priority of service for all United States Department of Labor funded employment and training programs.
WIOA Youth Eligibility Documentation Desk Aid – General Eligibility
- Birth Certificate
- DD-214 Report of Transfer or Discharge Paper
- Driver’s License
- Federal, State, or Local Government Identification Card or Other Official Document that Provides Age
- Hospital record of Birth
- Passport
- Public Assistance/Social Service records or ID card
- School Records/Identification Card
- Work Permit (Youth)
- Report of Transfer or Discharge Paper
- Cross Match with Department of Vital Statistics or tribal records
- US Passport (Undamaged)
- Certified Birth Certificate, issued by city, county or state -A certified birth certificate has registrar’s raised, embossed, impressed or multicolored seal, registrar’s signature, and date certificate was filed with the registrar’s office, which must be within 1 year of birth.
- Consular Report of Birth Abroad
- Naturalization Certificate
- Certificate of Citizenship
All documents must be unexpired. Any one verification document that satisfies List A of the I-9 or Verification document(s) that satisfy List B and List C of the I-9 (must provide at least one from each list)
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.
- Employment Authorization Document that contains a photograph (Form I-766)
- In the case of non-immigrant alien authorized to work for a specific employer incident to status, a foreign passport w/ Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the period of endorsement has not yet expired and proposed employment is not in conflict w/ restriction or limitations identified in form.
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI.
- Driver’s license or ID issued by a state or outlying possession of the US provided it contains a photo or information such as name, date of birth, gender, height, eye color, and address.
- School ID card with a photograph
- Voter’s registration card
- ID card issued by federal/state/local government agency or entity w/ photo or same identifying info as specified above.
- US Military card or draft record
- Military dependent’s ID card
- US Coast Guard Merchant Mariner Card
- Native American tribal document
- Canadian driver’s license
- For persons under 18:
- school record / report card
- clinic, doctor, or hospital record
- day care/nursery school record
and
- Original or Certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official seal
- US Citizen ID Card (Form I-197)
- Certification of Birth Abroad, issued by the Dept. of State (Form FS-545)
- Certification of Report of Birth issued by Dept. of State (Form DS-1350)
- Social Security account number card, if it does not specify that the card does authorize employment*
- Native American tribal document
- ID Card for Use of Resident Citizen in the U.S. (Form I-179)
- Employment Authorization issued by Dept. of Homeland Security
*LOOPS A200 screen printout may be used
Except where specified, only one document per criteria is required
School Dropout
- Record from Education Institution
- Self-certification
Has Not Attended School for at Least Most Recent Complete School Year Calendar Quarter
- Record from Education Institution
- Self-certification
Basic Skills Deficient
- Objective Assessment Scores in file and recorded in AOSOS
- School Records
- Title II Adult Education Enrollment Documentation
English Language Learner
Requires documentation of two criteria. All participants certified as “English Language Learner” must meet the Limited Ability to Read, Writer, Speak, or Comprehend English criterion AND either “Native Language Other than English” OR “Lives in Family/or Community Environment Where Language Other Than English is Dominant Language.”
Limited Ability to Read, Write, Speak or Comprehended the English Language
- Objective Assessment (Must in file and scores entered into AOSOS) OR
- School Records
Native Language is Language Other than English
- School Records
- Self-certification
OR
Lives in Family or Community Environment Where Language Other Than English Dominant Language
- School Records
- Self-certification
Homeless or Runaway
- Written Statement from an Individual Providing Temporary Residence
- Written Statement from Shelter
- Written Statement from Social Service Agency
- Self-Certification
Foster Child
- Written Confirmation From Social Services Agency
Pregnant or Parenting
- Copy of Child’s Birth Certificate
- Copy of Baptismal Record
- Self-certification
Offender
- Documentation from juvenile or adult criminal justice system
- Self-certification
Disability
- Letter from Drug or Alcohol Rehabilitation Agency
- Letter/Individual Education Plan from Child Study Team Stating Specific Disability
- Medical Records
- Observable Condition (Applicant Statement needed)
- Physician’s Statement/Psychologist’s Diagnosis
- Rehabilitation Evaluation
- School Records
- Sheltered Workshop Certification
- Social Security Administration Disability Records
- Social Service Records/Referral
- Veterans Administration Letter/Records
- Vocational Rehabilitation Letter
- Workers Compensation Records
Requires Assistance to Complete an Educational Program or Secure and Hold Employment
To be identified by the WDB in the local plan
- Assessment/Test Results (as applicable)
- School Records (as applicable)
- Self-certification (as applicable)
- Other Documentation Pertinent to the Criterion as established by local board policy
Selective Service Compliance
- Selective Service Acknowledgment Letter
- Form DD-214 “Report of Separation”
- Screen printout of Selective Service Verification site
- Selective Service Registration Card
- Selective Service Verification Form (Form 3A)
- Stamped Post Office Receipt of Registration
- See Selective Service, pg. 16 for additional information
Veteran Status
- DD-214
Eligible Spouse of Veteran
- DD-214
- Death Certificate
- Veterans’ Administration Documentation of Disability
Supplemental Security Income (SSI)
- Social Security Benefits Record
- Public Assistance Record
- Public Assistance Database Printout
Other Public Assistance
- Public Assistance Records
- Public Assistance Database Printout
- Public Assistance Check
- Refugee Assistance Records
Family Size
- Birth Certificate(s)
- Court/Divorce Decree
- Landlord Statement
- Lease
- Marriage Certificate
- Medical Card
- Most Recent Tax Return Supported by IRS Documents (e.g. Form 1722)
- Public Assistance/Social Service Agency Records
- Alien Registration Cards
- Written Statement from a Publicly Supported 24-hour Care Facility.
- Self-Certification
Income – Individual and Family
- Alimony Agreement
- Applicant statement (Individual with little or no income, only)
- Award Letter from Veterans Administration or copy of check
- Bank Statements (Direct Deposit)
- Compensation Award Letter
- Court Award Letter
- Employer Statement/Contact
- Farm or Business Financial Records
- Housing Authority Verification
- Pay Stubs
- Pension Statement
- Public Assistance Records/Printout
- Quarterly Estimated Tax for Self-Employed Persons (Schedule C)
- Social Security Benefits
- Unemployment Insurance Documents and/or Printout (LOOPS)
Free or Reduced-Price Lunch
- School Records Showing Eligibility for Free/Reduced-price Lunch-
- Records Showing Entire School. District Eligible for Free/Reduced-price Lunch
Resident of High Poverty Area
- Proof of residence in census tract with poverty rate of 25% or greater*
- *See list of relevant census tracts and instructions that follow.
2018 Poverty Guidelines for the 48 Contiguous States and the District of Columbia
For families/households with more than 8 persons, add $4,320 for each additional person.
| Persons in family/household | Poverty guideline |
|---|---|
| 1 | $12,140 |
| 2 | $16,460 |
| 3 | $20,780 |
| 4 | $25,100 |
| 5 | $29,420 |
| 6 | $33,740 |
| 7 | $38,060 |
| 8 | $42,380 |