10.3 Eligibility

10.3.2 In-School Youth (ISY) Criteria¹

Effective date: October 1, 2024

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

1. are attending secondary or post-secondary school;
2. are not younger than age 14 or older than 21;²
3. are low-income (homeless/runaway and foster care youth are automatically considered low-income);³
4. are registered for Selective Service (if applicable);⁴
   
   Note: Eligibility to work in the United States is not a program eligibility requirement for WIOA Youth (ISY or OSY). However, work authorization documentation must be captured prior to the participant starting services limited to qualified individuals, such as supportive services, post-secondary education and training, and work-based learning services including on-the-job training and incumbent worker training. See the details of the Work Authorization Verification Requirements for more information.⁵
   
   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.⁶
   AND
5. satisfy the requirements for at least one of the following eight eligibility barriers:
   1. basic skills deficient
   2. English Language Learner
   3. offender or ex-offender
   4. homeless or runaway
   5. foster care
   6. pregnant or parenting
   7. has a disability
   8. requires additional assistance

States and local WDBs may not add eligibility criteria, including, but not limited to, criteria related to county or state of residence.⁷

Any costs associated with providing WIOA Title I services to non-eligible individuals may be disallowed.⁸

• ¹ 20 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.
• ² 20 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.
• ³ TEGL 21-16, p. 5
• ⁴ WIOA Sec. 189(h); 50 USC App. 453
• ⁵ WIOA Sec. 188(a)(5); 20 CFR § 683.285(a)(5); TEGL 02-14, p. 2., TEGL 10-23, pp. 3-8
• ⁶ TEGL 11-11, Change 2, p. 3
• ⁷ 81 FR 56220; Email from DOL to DWD-DET, 4/25/2017
• ⁸ TEGL 11-11, Change 2, p. 4

10.3.3 Out-of-School Youth (OSY) Criteria¹

Effective date: October 1, 2024

Individuals are out-of-school youth (OSY) if, at the time of eligibility determination, they

1. are not attending secondary or post-secondary school;
2. are not younger than age 16 or older than 24;
3. are registered for Selective Service (if applicable);²
   
   Note: Eligibility to work in the United States is not a program eligibility requirement for WIOA Youth (ISY or OSY). However, work authorization documentation must be captured prior to the participant starting services limited to qualified individuals, such as supportive services, post-secondary education and training, and work-based learning services including on-the-job training and incumbent worker training. See the details of the Work Authorization Verification Requirements for more information.³
   
   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.⁴
   
   AND
   
4. satisfy the requirements for at least one of the following nine eligibility barriers:
   1. school dropout
   2. within the compulsory age of secondary school attendance but not attending
   3. low-income individual with a secondary school diploma or equivalent who is basic skills deficient or an English Language Learner
   4. offender or ex-offender
   5. homeless or runaway
   6. foster care
   7. pregnant or parenting
   8. has a disability
   9. low-income and requires additional assistance

States and local WDBs may not add eligibility criteria, including, but not limited to, criteria related to county or state of residence.⁵

Any costs associated with providing WIOA Title I-B services to non-eligible individuals may be disallowed.⁶

• ¹ 20 CFR § 681.210
• ² WIOA Sec. 189(h); 50 USC App.453
• ³ WIOA Sec. 188(a)(5); 20 CFR § 683.285(a)(5); TEGL 02-14, p. 2., TEGL 10-23, pp. 3-8
• ⁴ TEGL 11-11, Change 2, p. 3
• ⁵ 81 FR 56220; Email from DOL to DWD-DET, 4/25/2017
• ⁶ TEGL 11-11, Change 2, p. 4

10.3.4 Definition of School

Effective date: August 2, 2018

State law for secondary and post-secondary institutions defines "school."¹

Wisconsin statutes define "secondary school" as covering grades 9, 10, 11, and 12 and being:

• a public school;
• a private school;
• a charter school;
• a home-based private educational program which means that the individual's parent, guardian, or a person designated by the parent or guardian provides the instruction to the individual (an instructional program provided to more than one family unit does not count);
• a tribal school; or
• an alternative education program which includes an instructional program approved by the school board that replaces regularly scheduled curricular programs with alternative or adaptive school structures and teaching techniques.²

Wisconsin statutes do not define "post-secondary school." DWD-DET adopts WIOA's definition. As such, "post-secondary school" means education outside of the K-12 grades and is one of the following:

• an institution of higher education that provides not less than a 2-year program of instruction that can be used as credit toward a bachelor's degree;
• a tribally controlled college or university;
• a nonprofit educational institution offering a certificate;or
• a nonprofit educational institution offering a registered apprenticeship program.³

Schools that meet the above criteria may be virtual or brick and mortar establishments.

Under WIOA, the following programs are not considered schools:

• Adult education programs under WIOA Title II;
• YouthBuild programs;
• The Job Corps program;
• High school equivalency (HSE) programs not funded by the public K-12 school system; and
• Dropout re-engagement programs not funded by the public K-12 school system.⁴

Note: YouthBuild programs with education components funded by the public K-12 school system are an exception to the above rule. Youth who attend such YouthBuild programs and are receiving GED/HSED instruction should be classified as ISY.⁵

• ¹20 CFR § 681.230 specifies that applicable state law for secondary and post-secondary institutions defines "school."
• ²Wis. Stats. §§115.001; 115.01(2) and 115.28(7); TEGL 10-16, p. 15
• ³WIOA Sec. 203(14)
• ⁴20 CFR § 681.230 and TEGL 21-16, p. 3
• ⁵Email from DOL to DWD-DET, 7/18/2016

10.3.5 Attending Versus Not Attending

Effective date: August 2, 2018

State law does not define "attending" versus "not attending" school. DWD-DET has established a policy for determining whether an individual is attending or not attending school.¹

DWD-DET considers an individual to be "attending" school at the time of eligibility determination if s/he is:

• reporting to school on a routine basis, either physically or virtually, when school is in session;²
• in between school sessions and is enrolled to continue school at the start of the next session (e.g., the summer between secondary school grade levels);³
  OR
• registered for post-secondary school but classes have not yet started.⁴
• Note: Registration or attendance in post-secondary school must always involve credit-bearing classes. If the classes are non-credit-bearing, the individual is not considered to be "attending" school.⁵

DWD-DET considers an individual as "not attending" school at the time of eligibility determination if s/he does not meet the "attending" definition and meets one of the following:

• has not reported to school, either physically or virtually, for at least four full weeks and is not subject to the State's compulsory school attendance law (e.g., the individual is 20 years old and has not attended post-secondary training for the last four weeks);⁶
• is between school sessions and decides not to follow through with attending and is not subject to the State's compulsory school attendance law;⁷
• is not currently reporting to school but is registered for post-secondary school and decides not to follow through with attending;⁸
• is enrolled in non-credit-bearing post-secondary classes;⁹
  OR
• is subject to the State's compulsory school attendance law but has not reported to school, either physically or virtually, for the most recently completed quarter of the school district's school year or longer.¹⁰
• Note: Wisconsin's compulsory school attendance law requires individuals between the ages of 6 and 18 to attend school when in session, unless they have already graduated from secondary school or are excused from attending (excuses are defined by the law). Under the law, individuals who turn 18 years of age during the school year must continue to routinely report to school until the end of the term (quarter or semester) in which they turned 18.¹¹

• ¹State law is to be used to define "attending" versus "not attending" school. If there is no state law, the state must establish a definition through policy. OMB Control Number 1205-0522 (Dec. 18, 2017), p. 18 https://www.doleta.gov/wioa/docs/December17-ICR-State-Plan-Modification.pdf
• ²DWD-DET criterion
• ³TEGL 21-16, p. 2
• ⁴TEGL 21-16, p. 2
• ⁵TEGL 21-16, p. 2
• ⁶DWD-DET criterion
• ⁷DWD-DET criterion
• ⁸TEGL 21-16, p. 2
• ⁹TEGL 21-16, p. 2
• ¹⁰20 CFR § 681.210(c)(2)
• ¹¹Wis. Stats. § 118.15

10.3.6 Guidance on Eligibility Barriers

Effective date: March 13, 2023

The status of eligibility barriers is established at the time of the eligibility determination portion of program enrollment.¹

Low-Income (Applies to ISY and OSY)

See the Low-Income Guidance. Careers planners must apply the definitions and guidance identified in this section when performing a low-income assessment.

All ISY participants must be low income.² For OSY participants, the low-income requirement only applies to two eligibility barriers (i.e., has a secondary school diploma (or equivalent) and is either basic skills deficient or an English Language Learner OR requires additional assistance).³

WIOA provides a low-income exception where each local WDB has the flexibility to serve up to 5% of youth enrolled in any given year who do not meet the low-income criteria but would ordinarily be required to.⁴ If a local WDB wishes to exercise this flexibility, it must have a mechanism in place to accurately track participants served under this exception. This will be reviewed by DWD-DET as part of annual monitoring. Any costs associated with serving individuals who exceed the 5 percent limitation will be disallowed. In cases where the local WDB exceeds the 5 percent limitation, participants' eligibility determination dates will be placed in chronological order and only the first 5 percent will be covered by the exception. Participants who could fall within this exception are as follows: (1) any ISY, (2) OSY who have a secondary school diploma and are either basic skills deficient or English Language Learners, and (3) OSY who require additional assistance. The career planner should only apply (2) or (3) if the individual does not meet any of the other eligibility barriers listed in section 10.3.3.

• Example: A local program enrolls 180 youth during the program year with the following breakdown:
• 120 are OSY who were not required to meet the low-income criteria.
• 40 are OSY who were required to meet the low-income criteria.
• 20 are ISY.
• Calculation: .05 (40 OSY required to be low-income + 20 ISY) = 3 participants can be served under the exception.

Note: See the "Income Guidance" for details on what to count for income calculations.

Note: When family income is calculated for Youth Program eligibility, career planners are to use the IRS's definition for "dependent" family members.⁵ The IRS definition is also used for determining up to what age a Youth Program participant is considered a dependent family member for purposes of income eligibility.⁶

Basic Skills Deficient (Applies to ISY and OSY)

This eligibility barrier applies if individuals;

• have English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test;
  OR
• are unable to read, write or speak English or compute/solve problems at a level that is necessary to function in a job, in their family, or in society.⁷

If applying the second standard, the local WDB must have a policy in its local plan that outlines specific criteria that career planners are to use to determine if the applicant is basic skills deficient.⁸ Methods used to screen youth for the basic skills deficient eligibility barrier may be less formal than those used to conduct an objective assessment of a participant's basic skills. Examples of less formal screening tools for basic skills may include the individual's performance on DWD-DET's Basic Skills Screening Tool, a GPA at or below a certain level, or demonstration that the individual is unlikely to graduate secondary school.

WIOA Youth Program funds may be used towards costs associated with assessing an individual's basic skill level for an eligibility determination, even though the individual is not yet a program participant.⁹ The local WDB may also use results from a previous basic skills assessment if the assessment was performed within the past six months.¹⁰

See Chapter 10.2 for information about Basic Skills Assessments for ISY and OSY.

English Language Learner (Applies to ISY and OSY)

This eligibility barrier applies if individuals have the limited ability in reading, writing, speaking or comprehending the English language because:

1. English is not their native language;
   OR
2. they live in a family or community environment where a language other than English is the dominant language.¹¹

Offender or Ex-Offender (Applies to ISY and OSY)

This eligibility barrier applies if individuals currently are or have been subject to any stage of the juvenile or adult criminal justice process.¹² This includes having any record of arrest or conviction.¹³

Homeless or Runaway (Applies to ISY and OSY)

This eligibility barrier applies if individuals lack a fixed, regular, and adequate nighttime residence.¹⁴ This covers the following situations: (1) sharing the housing of other persons due to loss of housing, economic hardship, or similar; (2) living in a motel, hotel, trailer park or campground due to the lack of alternative adequate living accommodations; (3) living in an emergency or transitional shelter; (4) abandoned in a hospital; (5) awaiting foster care placement; (6) using a public or private place for nighttime residence that is not designed for or typically used by human beings for regular sleeping accommodations; (7) a child who has moved in the last 36 months either as a migratory agricultural worker or fisher or with a parent or spouse who is a migratory worker or fisher.¹⁵

Foster Care (Applies to ISY and OSY)

This eligibility barrier applies if individuals:

• are in foster care;
• aged out of foster care;
• left foster care on or after turning age 16 for kinship, guardianship or adoption;
  AND/OR
• are eligible for assistance under the John H. Chafee Foster Care Independence Program.¹⁶
• Note: The criterion "left foster care on or after turning age 16 for kinship, guardianship or adoption" includes situations where individuals were formerly in foster care but returned to their family before turning 18.¹⁷

Pregnant or Parenting (Applies to ISY and OSY)

This eligibility barrier applies to both mothers and fathers,¹⁸ but fathers are not considered to be "parenting" until the child is born.¹⁹ This barrier includes non-custodial parents.²⁰ Additionally, DWD-DET considers this barrier to apply to individuals who are adoptive or foster parents or legal guardians to minor children.

Has a Disability (Applies to ISY and OSY)

This eligibility barrier applies if individuals:

• have a physical or mental impairment that substantially limits one or more of their major life activities such as caring for themselves, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and the operation of major bodily functions;
• have a record of such impairment;
  OR
• are regarded as having such impairment (which means they can establish that they have been the subject of a discriminatory action under the American with Disabilities Act because of an actual or perceived impairment, regardless of whether the impairment actually limits a major life activity).²¹

Requires Additional Assistance (Applies to ISY and OSY)

This eligibility barrier applies if individuals require additional assistance to:

• complete an educational program;
  OR
• secure or hold employment.²²

Local WDBs are not required to use this criterion as part of eligibility determinations. However, as Wisconsin's Governor's Council on Workforce Investment has declined to further define this category,²³ local WDBs must include policy and procedure for applying this criterion in their local plans if they choose to use it as an eligibility criterion.²⁴ Any policies and procedures should be reasonable, quantifiable, and based on evidence that the specific characteristic of the youth identified in the policy objectively requires additional assistance.²⁵

Note: Even if a local area chooses to use this category as part of ISY eligibility, it is to be used sparingly. In each local workforce area, not more than 5 percent of newly enrolled ISY participants can be found eligible based on the "needs additional assistance" category in any given program year.²⁶ There is not a similar restriction for OSY eligibility. DWD-DET holds the local WDBs responsible for tracking eligibility determinations for ISY that are based solely on this eligibility barrier and ensuring compliance with the 5 percent limitation. Any costs associated with serving participants who exceed the 5 percent limitation will be disallowed. In cases where the local WDB exceeds the 5 percent limitation, participants' eligibility determination dates will be placed in chronological order and only the first 5 percent will be covered by the limitation.

School Dropout (OSY Only)

This eligibility barrier applies if individuals are no longer attending secondary school and have not received a secondary school diploma or its recognized equivalent.²⁷

The career planner must verify dropout status at the time of the eligibility determination.²⁸ An individual who either dropped out of postsecondary school or previously dropped out of secondary school and subsequently returned is not a "school dropout" for purposes of youth program eligibility.²⁹

Within Age of Compulsory School Attendance but not Attending (OSY Only)

This eligibility barrier applies if individuals:

• are under the age of 18 or turned 18 in the middle of a school term, quarter or semester;
• have not yet graduated secondary school;
  AND
• have not attended secondary school for the most recently completed school year quarter or longer.³⁰

The school year quarter is defined by the school (or school district) in question.³¹ If a school (or school district) does not use quarters, the career planner must use calendar year quarters, only counting those quarters that the school is in session.³²

Low-Income Individual with a Secondary School Diploma or Equivalent Who is Basic Skills Deficient or an English Language Learner (OSY Only)

This eligibility barrier applies if individuals:

• have a secondary school diploma or its recognized equivalent;
• are low-income;
  AND
• are either basic skills deficient OR an English Language Learner.³³

• ¹DWD-DET is applying the guidance DOL has provided with respect to school status. TEGL 21-16, p. 2
• ²20 CFR § 681.250(b) and TEGL 21-16, p. 5
• ³20 CFR § 681.250(a) and TEGL 21-16, p. 5
• ⁴20 CFR § 681.250(c) and TEGL 21-16, p. 6
• ⁵81 FR 56088
• ⁶81 FR 56167
• ⁷WIOA Sec. 3(5) and 20 CFR § 681.290(a)
• ⁸20 CFR § 681.290(b) specifies that the State or the local WDB must have a policy in its state or local plan if using the "basic skills deficient" standard that an individual is unable to read, write or speak English or compute/solve problems at level that is necessary for the individual to function in a job, in his/her family, or in society. DWD-DET declines to establish a standardized state policy on this matter for Youth.
• ⁹TEGL 21-16, pp. 7-8
• ¹⁰TEGL 21-16, p. 8
• ¹¹WIOA Sec. 3(21); WIOA Sec. 203(7); TEGL 21-16, p. 3
• ¹²WIOA Sec. 3(38); TEGL 21-16, p. 4
• ¹³WIOA Sec. 3(38); TEGL 21-16, p. 4
• ¹⁴42 U.S.C. 14043e—2(6); 42 U.S.C. 11434a(2)
• ¹⁵42 U.S.C. 14043e—2(6); 42 U.S.C. 11434a(2)
• ¹⁶20 CFR §§ 681.210(c)(6); 681.220(d)(5)
• ¹⁷ TEGL 21-16, p. 4
• ¹⁸ TEGL 21-16, p. 4
• ¹⁹ TEGL 21-16, p. 4
• ²⁰ TEGL 21-16, p. 4
• ²¹WIOA Sec. 3(25); 42 U.S.C. 12102 (1)-(3)
• ²²20 CFR §§ 681.210(c)(9) and 681.220(c)(8)
• ²³20 CFR §§ 681.300 and 681.310(a); TEGL 21-16, p. 5
• ²⁴ 20 CFR § 681.310(a)
• ²⁵ TEGL 21-16, p. 5; In this context, DWD-DET considers "based on evidence" to mean that credible empirical research supports the conclusion. In other words, the conclusion is not drawn from opinion, prejudice or speculation. For example, a local WDB may use a study that shows that young adults who lack a driver's license are 25 percent less likely to obtain employment as its basis for adding lack of driver's license for youth ages 18 and older as a "requires additional assistance" barrier.
• ²⁶20 CFR § 681.310(b)
• ²⁷WIOA Sec. 3(54) and TEGL 21-16, p. 3-4
• ²⁸20 CFR § 681.240; TEGL 21-16, p. 4
• ²⁹TEGL 21-16, p. 4
• ³⁰20 CFR § 681.210(c)(2); Wis Stats. 118.15(1)(a) addresses the age requirements of Wisconsin's compulsory school attendance law. Individuals who turn 18 years of age during the middle of the secondary school term, quarter, or semester (whichever applies) must continue to attend until the term, quarter or semester ends or the individual graduates, whichever comes first.
• ³¹20 CFR § 681.210(c)(2) and TEGL 21-16, p. 4
• ³²20 CFR § 681.210(c)(2) and TEGL 21-16, p. 4
• ³³20 CFR § 681.210(c)(3)

10.3.7 Multiple Eligibility Barriers

Effective date: August 2, 2018

Career planners are to report in ASSET all eligibility barriers that can be documented. Local performance accountability measures are adjusted based on the participants' characteristics.¹ Areas that serve harder to serve populations are more likely to have their performance goals reduced at the end of the year by the statistical adjustment model.

• ¹WIOA Sec. 116(c)(3)