Narrative: c. 5.

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: 

1. 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-ofschool 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 outside of a K-12 institution, and youth who are “here-to-work” only. 
2. USDOL Post-Secondary Out-of-School Definition: To be considered out-of-school, a youth must not be registered for or attending any credit-bearing postsecondary classes, whether remedial or regular. A youth may be considered “out-of-school” if registered for or attending ONLY non-credit-bearing postsecondary classes. This definition applies upon registration for specific postsecondary classes, even if classes have not started. 
3. Additional Out-of-School Categories:   
   1. Adult Basic Education: 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 provided under Title II of WIOA, YouthBuild, or Job Corps. 
   2. SWAP: Youth participating in the School to Work Alliance Program, who are no longer enrolled in secondary school, would be considered out-ofschool. These individuals may have dropped out, aged out at 21, or obtained their diploma or certificate of completion. 
   3. GED, HiSET, or TASC Classes: Youth enrolled in GED, HiSET or TASC prep classes outside of the K-12 system would be considered out-of-school. 
   4. Dropout Reengagement Program: Youth enrolled in one of these programs would be considered out-of-school. 
   5. Transition Program: Youth enrolled in a WIOA Title II Adult Education transition program would be considered out-of-school.  

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

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

a. 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); or  
2. Completing an on-line high school curriculum (consisting of at least 90 hours of class time per semester); or 
3. Attending a private secondary school 

2. USDOL Post-Secondary In-School Definition: Under the WIOA youth program eligibility requirements the term “school” refers to both secondary and post-secondary school. Therefore, an individual registered for or attending credit-bearing classes at a postsecondary school is considered an in-school youth. Such individual would be considered out-of-school if registered for or attending non-credit-bearing courses ONLY. This definition applies upon registration for post-secondary classes, even if classes have not started. 
3. Attending an alternative education program: an individual attending an alternative education program is not considered to be a dropout and therefore is in-school. 
4. Attending GED, HiSET, or TASC Classes offered by the K-12 system – such individual would be considered in-school 
5. 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. 
6. Transition Programs: Youth that are in transition programs (“receiving 18-21 services”) associated with the K-12 system 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.