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:
Texas law does not explicitly define the terms “attending school” and “not attending school.”
For the purpose of determining in-school youth and out-of-school youth eligibility under WIOA, TWC has established that a youth is “attending school” if the youth is:
- enrolled in a school that leads to the attainment of a state-recognized high school diploma, including a public school, charter school, or private school; disciplinary alternative education program; or
- homeschooled;
- attending high school equivalency programs;
- a high school graduate who has registered for postsecondary classes, even if not yet attending postsecondary classes;
- attending postsecondary classes; or
- in between postsecondary school semesters and has registered for classes for a future semester or has paid all or part of the tuition for a future semester.
TWC has established that a youth is “not attending school” if the youth:
- has at least 10 consecutive days of unexcused absences and on the date of eligibility determination has not returned to school;
- is not attending postsecondary school on the date of eligibility determination;
- has not registered for postsecondary school classes on the date of the eligibility determination; or
- is enrolled only in non-credit-bearing postsecondary classes
The following programs are not considered “in school” under WIOA:
- Adult education provided under Title II of WIOA
- YouthBuild programs
- Job Corps programs
- High School Equivalency programs not funded by the public K-12 system
- Dropout reengagement programs not funded by the public K-12 system
Alternative Education—A disciplinary alternative education program is established in conformance with Texas Education Code §37.008. Alternative education is an educational and self-discipline alternative instructional program, adopted by local policy, for students in elementary through high school grades who are removed from their regular classes for mandatory or discretionary disciplinary reasons. Juvenile justice alternative education programs were created to serve the educational needs of juvenile offenders and at-risk youth who are expelled from the regular classroom or the school district disciplinary alternative education program. (Texas Education Code, Chapter 37)