Page:United States Statutes at Large Volume 106 Part 2.djvu/188

 106 STAT. 1068 PUBLIC LAW 102-367 —SEPT. 7, 1992 Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.); "(C) in which not less than 70 percent of the students enrolled are included in the categories described in subsection (b); and "(D) that conducts a program under a cooperative arrangement that meets the requirements of section 265(d). "(2) DEFINITION.— For the purposes of paragraph (1), the term 'poverty area' means an urban census tract or a nonmetropolitan county with a poverty rate of 30 percent or more, as determined by the Bureau of the Census. "(h) ADDITIONAL CATEGORY.—^A service delivery area conducting a program assisted under this part may add one category of youth who face serious barriers to employment to the categories of eligible individuals specified in subsection (b) and one category to the categories of eligible individuals described in subsection (d) if— "(1) the service delivery area submits a request to the Governor identifying the additional category of individuals and justifying the inclusion of such category; "(2) the additional category of individuals is not solely comprised of— "(A) individuals with a poor work history; or "(B) individuals who are unemployed; and "(3) the Governor approves the request submitted under paragraph (1) and transmits a description of the approved request to the Secretary, as part of the Governor's coordination and special services plan under section 121. 29 USC 1644. "SEC. 264. PROGRAM DESIGN. "(a) YEAR-ROUND OPERATION.— The programs under this part shall be conducted on a year-round basis. Services shall be made available on a multiyear basis as appropriate. "(b) ESSENTIAL ELEMENTS. — "(1) IN GENERAL.— The programs under this part shall include— "(A) an objective assessment of the skill levels and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), and supportive service needs, except that a new assessment of a participant is not required if the program determines it is appropriate to use a recent assessment of the participant conducted under another education or training program (such as the JOBS program); "(B) development of service strategies that shall identify the employment goal (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for participants taking into account the assessments conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program (such as the JOBS program); "(C) a review of the progress of each participant in meeting the objectives of the service strategy; and

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