Adult, Dislocated Worker, and Youth Activities

The State policy for WIOA Eligibility (PGL WIOA-2015-05) contains the following definitions, which incorporate provisions of the state statute regarding compulsory school attendance, and guidance from the Colorado Department of Education:

OUT-OF-SCHOOL YOUTH - an individual is an out-of-school youth if they are:

A. Not attending any school (as defined under State law) - must meet one of the following:

1. Colorado Department of Education Secondary Out-of-School Definition: Out-of-school means youth up through age 21, who are entitled to a free public education in the State but are not currently enrolled in a K-12 institution. This could include students who have dropped out of school, youth who are working on a high school equivalency diploma outside of a K-12 institution, and youth who are “here-to-work” only.

2. CDLE Post-Secondary Out-of-School Definition: To be considered out-of-school, a youth must not be registered for or attending any credit-bearing post-secondary classes, whether remedial or regular. A youth may be considered “out-of-school” if registered for or attending ONLY non-credit-bearing post-secondary classes. This definition applies upon registration for specific post-secondary classes, even if classes have not started.

3. Additional Out-of-School Categories:

a. Adult Basic Education and Family Literacy: WIOA youth programs may consider a youth to be out-of-school youth for purposes of WIOA youth program eligibility if they are attending Adult Education and Family Literacy provided under title II of WIOA, YouthBuild, or Job Corps.

b. SWAP: Youth participating in the School to Work Alliance Program, who are no longer enrolled in secondary school, would be considered out-of-school. These individuals may have dropped out, aged out at 21, or obtained their diploma or certificate of completion.

c. High School Equivalency Preparation Classes: Youth enrolled in high school equivalency preparation classes outside of the K-12 system would be considered out-of-school.

IN-SCHOOL YOUTH - an individual is an in-school youth if they are:

A. Attending school (as defined by State law) - must meet one of the following:

1. Colorado Department of Education Secondary In-School Definition: Youth up through age 21, who are entitled to a free public education in the State and are currently enrolled in a K-12 institution, or meet one of the following exceptions to compulsory school attendance:
   1. Home-schooled (consisting of at least 172 hours of class time per year, averaging 4 hours per day, with course transcripts developed)
   2. Completing an online high school curriculum (consisting of at least 90 hours of class time per semester)
   3. Attending a private secondary school
2. CDLE Post-Secondary In-School Definition: Under the WIOA youth program eligibility requirements the term “school” refers to both secondary and postsecondary school. Therefore, an individual attending a postsecondary school is considered an ISY.
3. Attending an alternative education program: (per WIOA definition that an individual attending an alternative education program is not considered to be a dropout and is in-school.)
4. SWAP: Youth participating in the School to Work Alliance Program, who are still enrolled in secondary school, up to age 21, would be considered in-school.
5. Transition Programs: Youth that are in transition programs (“receiving 18-21 services”) are considered in-school. They are still obtaining Free Appropriate Public Education, until the age of 21, or until their exit prior to age 21.