Laws: Cases and Codes : U.S. Code : Title 29 : Section 2885


   
U.S. Code as of: 01/19/04
Section 2885. Recruitment, screening, selection, and assignment of enrollees

    (a) Standards and procedures
      (1) In general
        The Secretary shall prescribe specific standards and procedures
      for the recruitment, screening, and selection of eligible
      applicants for the Job Corps, after considering recommendations
      from the Governors, local boards, and other interested parties.
      (2) Methods
        In prescribing standards and procedures under paragraph (1),
      the Secretary, at a minimum, shall - 
          (A) prescribe procedures for informing enrollees that drug
        tests will be administered to the enrollees and the results
        received within 45 days after the enrollees enroll in the Job
        Corps;
          (B) establish standards for recruitment of Job Corps
        applicants;
          (C) establish standards and procedures for - 
            (i) determining, for each applicant, whether the
          educational and vocational needs of the applicant can best be
          met through the Job Corps program or an alternative program
          in the community in which the applicant resides; and
            (ii) obtaining from each applicant pertinent data relating
          to background, needs, and interests for determining
          eligibility and potential assignment;

          (D) where appropriate, take measures to improve the
        professional capability of the individuals conducting screening
        of the applicants; and
          (E) assure that an appropriate number of enrollees are from
        rural areas.
      (3) Implementation
        To the extent practicable, the standards and procedures shall
      be implemented through arrangements with - 
          (A) applicable one-stop centers;
          (B) community action agencies, business organizations, and
        labor organizations; and
          (C) agencies and individuals that have contact with youth
        over substantial periods of time and are able to offer reliable
        information about the needs and problems of youth.
      (4) Consultation
        The standards and procedures shall provide for necessary
      consultation with individuals and organizations, including court,
      probation, parole, law enforcement, education, welfare, and
      medical authorities and advisers.
      (5) Reimbursement
        The Secretary is authorized to enter into contracts with and
      make payments to individuals and organizations for the cost of
      conducting recruitment, screening, and selection of eligible
      applicants for the Job Corps, as provided for in this section.
      The Secretary shall make no payment to any individual or
      organization solely as compensation for referring the names of
      applicants for the Job Corps.
    (b) Special limitations on selection
      (1) In general
        No individual shall be selected as an enrollee unless the
      individual or organization implementing the standards and
      procedures described in subsection (a) of this section determines
      that - 
          (A) there is a reasonable expectation that the individual
        considered for selection can participate successfully in group
        situations and activities, and is not likely to engage in
        behavior that would prevent other enrollees from receiving the
        benefit of the Job Corps program or be incompatible with the
        maintenance of sound discipline and satisfactory relationships
        between the Job Corps center to which the individual might be
        assigned and communities surrounding the Job Corps center;
          (B) the individual manifests a basic understanding of both
        the rules to which the individual will be subject and of the
        consequences of failure to observe the rules; and
          (C) the individual has passed a background check conducted in
        accordance with procedures established by the Secretary.
      (2) Individuals on probation, parole, or supervised release
        An individual on probation, parole, or supervised release may
      be selected as an enrollee only if release from the supervision
      of the probation or parole official involved is satisfactory to
      the official and the Secretary and does not violate applicable
      laws (including regulations). No individual shall be denied a
      position in the Job Corps solely on the basis of individual
      contact with the criminal justice system.
    (c) Assignment plan
      (1) In general
        Every 2 years, the Secretary shall develop and implement an
      assignment plan for assigning enrollees to Job Corps centers. In
      developing the plan, the Secretary shall, based on the analysis
      described in paragraph (2), establish targets, applicable to each
      Job Corps center, for - 
          (A) the maximum attainable percentage of enrollees at the Job
        Corps center that reside in the State in which the center is
        located; and
          (B) the maximum attainable percentage of enrollees at the Job
        Corps center that reside in the region in which the center is
        located, and in surrounding regions.
      (2) Analysis
        In order to develop the plan described in paragraph (1), the
      Secretary shall, every 2 years, analyze, for the Job Corps center
      - 
          (A) the size of the population of individuals eligible to
        participate in Job (!1) Corps in the State and region in which
        the Job Corps center is located, and in surrounding regions;

          (B) the relative demand for participation in the Job Corps in
        the State and region, and in surrounding regions; and
          (C) the capacity and utilization of the Job Corps center,
        including services provided through the center.
    (d) Assignment of individual enrollees
      (1) In general
        After an individual has been selected for the Job Corps in
      accordance with the standards and procedures of the Secretary
      under subsection (a) of this section, the enrollee shall be
      assigned to the Job Corps center that is closest to the home of
      the enrollee, except that the Secretary may waive this
      requirement if - 
          (A) the enrollee chooses a vocational training program, or
        requires an English literacy program, that is not available at
        such center;
          (B) the enrollee would be unduly delayed in participating in
        the Job Corps program because the closest center is operating
        at full capacity; or
          (C) the parent or guardian of the enrollee requests
        assignment of the enrollee to another Job Corps center due to
        circumstances in the community of the enrollee that would
        impair prospects for successful participation in the Job Corps
        program.
      (2) Enrollees who are younger than 18
        An enrollee who is younger than 18 shall not be assigned to a
      Job Corps center other than the center closest to the home of the
      enrollee pursuant to paragraph (1) if the parent or guardian of
      the enrollee objects to the assignment.



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