Located in:
- Program-specific Requirements for Adult, Dislocated Worker, and Youth Activities under Title I-B
The Unified or Combined State Plan must include the following with respect to activities carried out under subtitle B—
- c. With respect to youth workforce investment activities authorized in section 129 of WIOA—
With respect to youth workforce investment activities authorized in section 129 of WIOA—
- c. With respect to youth workforce investment activities authorized in section 129 of WIOA—
c. 5. Include the State definition, as defined in law, for not attending school and attending school as specified in WIOA Section 129(a)(1)(B)(i) and Section 129(a)(1)(C)(i). If State law does not define “not attending school” or “attending school,” indicate that is the case and provide the state policy for determining whether a youth is attending or not attending school.
Current Narrative:
16 V.S.A. § 1121 required children between the ages of six and 16 years “to attend a public school, an approved or recognized independent school, an approved education program, or a home study program for the full number of days for which that school is held, unless the child: is mentally or physically unable so to attend; or has completed the tenth grade; or is excused by the superintendent or a majority of the school . . . or is enrolled in and attending a postsecondary school . . . which is approved or accredited in Vermont or another state.”
16 V.S.A §1122 requires minors over the age of 16 enrolled in a public school to attend the school continually for the full number of the school days of the term, unless the child is mentally or physically unable to continue, or is excused in writing by the superintendent or a majority of the school directors.
The VDOL follows the federal definition for attending school and not attending school as they are further defined in 20 C.F.R §681. For example, an individual “who is not enrolled or not attending a secondary or post-secondary educational program is considered out-of-school. An individual who attends a high school equivalency program or is enrolled in non-credit postsecondary courses is considered out-of-school.” The rules go on to state that youth attending high school equivalency programs funded by the public K-12 school system that are classified by the school system as still enrolled in school are considered in-school youth.
The VDOL wishes to clarify in this plan that it considers youth who are enrolled in the Community High School of Vermont (CHSVT) to be out-of-school youth for the purposes of WIOA Youth Program eligibility. The CHSVT is an approved independent school, operated by the Department of Corrections for minors who are incarcerated and under the custody of the Commissioner of Corrections. Though publicly funded, the CHSVT is not funded like any other public or approved independent school in the state. The State agrees that students enrolled in CHSVT have characteristics and face barriers more than students enrolled in adult education and literacy programs, YouthBuild and JobCorps that are considered OSY, and enrolls these participants similarly.