WIOA Title I-A & I-B Policy & Procedure Manual
Ch. 10) Youth Program

10.3 Youth Program Eligibility

10.3.2 In-School Youth (ISY) Criteria¹

Effective date: August 2, 2018

Revised date: October 15, 2018

Revised date: September 23, 2019

Individuals are in-school youth (ISY) if, at the time of eligibility determination, they:

are attending secondary or post-secondary school;
are not younger than age 14 or older than 21;²
are low-income (homeless/runaway and foster care youth are automatically considered low-income);³
are eligible to work in the United States;⁴
are registered for Selective Service (if applicable);⁵

Note: Though youth under age 16 must have a work permit to obtain employment in the State of Wisconsin,⁶ ISY ages 14 and 15 may participate in the WIOA Youth Program without a work permit as long as they meet the definition of "eligible to work in the United States." Any participants who lose their authorization to work in the United States become ineligible for the WIOA Youth Program as of the date the authorization was lost.

Note: Almost all male U.S. citizens and immigrants are required to register with Selective Service within 30 days of their 18th birthday. If an individual turns 18 while participating in the Youth Program, he must register with Selective Service no later than 30 days after his 18th birthday. If he fails to register during that period, he may not continue to participate in the Youth Program. Males between the ages of 18 and 24 who have not registered with Selective Service can become eligible for the WIOA Youth Program by registering at www.sss.gov.⁷

AND
satisfy the requirements for at least one of the following eight eligibility barriers:

States and local WDBs may not add eligibility criteria, including, but not limited to, criteria related to county or state of residence.⁸

Any costs associated with providing WIOA Title I services to non-eligible individuals may be disallowed.⁹

¹20 CFR §§ 681.220 and 681.230; TEGL 21-16, p. 2. TEGL 21-16 states that because the process of program enrollment can occur over a period time, school status must be based on status at the time the eligibility portion of program enrollment is made (DWD-DET applies this rule to all eligibility criteria). 20 CFR § 681.320 states that program enrollment only occurs after eligibility determination, provision of an objective assessment, development of an individual service strategy and participation in any of the 14 youth program elements.
²20 CFR § 681.220(b) specifies that ISY include individuals with disabilities who are attending secondary school beyond the age of 21, if state law permits them to do so. Wisconsin Statute § 115.76(3) does not permit individuals with disabilities to attend secondary school beyond the age of 21.
³TEGL 21-16, p. 5
⁴Any participants who lose their authorization to work in the United States become ineligible for the WIOA Youth Program as of the date the authorization was lost. WIOA Sec. 188(a)(5); 20 CFR § 683.285(a)(5); TEGL 02-14, p. 2
⁵WIOA Sec. 189(h); 50 USC App. 453
⁶Wis. Stats. § 103.65(2)
⁷TEGL 11-11, Change 2, p. 3
⁸81 FR 56220; Email from DOL to DWD-DET, 4/25/2017
⁹TEGL 11-11, Change 2, p. 4

Eligible to Work in the United States

Individuals eligible to work in the U.S. include (WIOA Sec. 188(a)(5); 20 CR §683.285(5)):

citizens and nationals of the United States;
lawfully admitted permanent resident aliens, refugees and asylees (who are authorized to work in the U.S. because of their refugee or asylee status); and
other immigrants authorized by the Secretary of Homeland Security or the secretary's designee to work in the U.S. This includes immigrants covered by Deferred Action for Childhood Arrivals (DACA) who have applied for and received work authorization (TEGL 02-14, p. 2).