LOS ANGELES COUNTYworkforce.lacounty.gov/.../LACOD-WIAD11-04-Protocol-for...Service.pdfLOS ANGELES...
Transcript of LOS ANGELES COUNTYworkforce.lacounty.gov/.../LACOD-WIAD11-04-Protocol-for...Service.pdfLOS ANGELES...
LOS ANGELES COUNTYWIA Adult Dislocated Worker Youth and RapidResponse Programs
DIRECTIVE
TO WORKFORCE DEVELOPMENT COMMUNITY
PURPOSE
The purpose of this directive is to provide instructions on the Protocol for ImplementingVeteransrsquo Priority of Service (POS)
The Department of Laborrsquos Veterans Employment and Training Service (DOL-VETS)and Employment and Training Administration (ETA) jointly drafted and issued Trainingand Employment Notice (TEN) 15-10 titled ldquoA Protocol for Implementing VeteransPriority of Servicerdquo Its purpose is to promote the implementation of policies andprocedures which ensure that POS is implemented fully and effectively on behalf of allveterans and their eligible spouses seeking employment-related assistance
REFERENCES
Veteranrsquos Benefits Title 38 United States Code (USC) Section 101 (2) (38USC 101 (2))
Eligibility Requirements for Veterans Under Federal Employment and TrainingPrograms 38 USC 4213
The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)codified at 38 USC 4215
Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL109-461
Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg78132 Dec 19 2008
Training and Employment Guidance Letter (TEGL) 10-09 (rescinds TEGL 5-03) Veteransrsquo Program Letter No 07-09 Training and Employment Guidance Letter (TEGL) 15-10 and Employment Development Department WSIN 10-36
Number LACOD-WIAD11-04 Subject Protocol for Implementing the VeteransrsquoPriority of Service (POS)
Date 712011 Effective Date Immediately Page 1 of 3
THIS DIRECTIVE SUPERSEDES DIRECTIVE NUMBER WIAD10-01-ATTACHMENT 4
LACOD-WIA11-04Page 2 of 3
BACKGROUND
On November 7 2002 President Bush signed the Jobs for Veterans Act (JVA) PublicLaw (PL) 107-288 to revise and improve employment training and placementservices furnished to veterans The Act mandated priority of service for veterans (andsome spouses) ldquowho otherwise meet the eligibility requirements for participationrdquo in WIAAdult and Dislocated Worker programs
Since the passage of the JVA Employment and Training Administration (ETA) hasissued regulations and provided policy guidance to the workforce investment systemregarding the implementation of priority of service under the November 2009 TEGL 10-09
POLICY AND PROCEDURES
Service providers are required to implement the following process to establish a priorityof service
1 Training of all WIA StaffAll WIA staff should be trained in priority of service requirements Areas of trainingshould include understanding definitions and requirements obtaining documentationknowing specific needs of various populations of veterans using data and tools specificto serving veterans understanding criteria that qualify some veterans and eligiblespouses for the specialized services of DVOP and LVFER staff and becoming familiarwith other services available to veterans
2 Point of Entry and Initial ServicesAll WorkSource Centers and Youth Sites must have intake forms or sign-in sheets toidentify veterans and eligible spouses when they visit service delivery points in personor through other means Signage is an important element in ensuring veterans identifiesthemselves It is the responsibility of the WIA managers to establish customizedprocesses for providing priority of service within the localstate strategic guidance
3 Core Intensive and Training ServicesService providers must develop procedures to allow veterans and eligible spouses to
receive priority of service at all stages of core intensive and training services
4 Virtual ServicesService Providers must be prepared to institute information collection at virtual points ofentry to meet the requirements of the Priority of Service regulations
5 OutreachImplementation of priority of service are encouraged but implementation is not requiredwithin existing outreach strategies
LACOD-WIAI 1-04Page 3 of 3
Veteransrsquo priority is required under federal law however it is not intended to displaceexisting eligibility requirements for WIA An individual must first qualify for WIA servicesbefore a priority of service can be applied Providers of service must use the followingguidelines when determining priority for WIA-funded services
bull In the event there is a service being provided with limited opportunities or fundspriority must be given to any identified eligible veterans
bull For example If there is a capacity limit for a training program and there is onlyone remaining slot and there are two applicants (one of whom is a veteran) theveteran must be given priority for the open training slot
ACTION
Los Angeles County WIA service providers should ensure that the policies andprocedures described herein are communicated to all front line staff responsible forimplementing priority of service to veterans and throughout the operationsmanagement and governance structure of the organization
The attachment Training and Employment Guidance Letter No 10O9 replacesTraining and Employment Guidance Letter No 5-03
INQUIRIES
If you have any questions regarding this directive please contact Irene Pelayo at (213)351-5246 or by e-mail at ipeIayo(aumlcssIacountyqov
(-dosie Marquez Exe6uti e irectorWorkforce Investment ard
Attachments 5
1 Training and Employment Guidance Letter No 10-09rsquo2 EDD Information Notice WSIN1O-363 Training and Employment Guidance Letter (TEGL) 15-104 Protocol for Implementing Priority of Service for Veterans and Eligible Spouses5 Jobs for Veterans Act Public Law 107-288 (Nov 7 2002)
INFORMATION NOTICE WORKFORCE SERVICES Number WSIN10-36
Date January 21 2011
EDD is an equal opportunity employerprogram Auxiliary aids and services are available upon request to individuals with disabilities Special requests for services aids andor special formats need to be made by calling (916) 654-8055 (Voice) TTY users please call the California Relay Service at 711
Workforce Services Division PO Box 826880 MIC 69 Sacramento CA 94280-0001 wwweddcagovJobs_and_Training
Page 1 of 2
Expiration Date 22113 50214kf14228 TO WORKFORCE DEVELOPMENT COMMUNITY SUBJECT PROTOCOL FOR IMPLEMENTING VETS PRIORITY OF SERVICE The Department of Laborrsquos Veterans Employment and Training Service (DOL-VETS) and Employment and Training Administration (ETA) have jointly drafted and issued Training and Employment Notice (TEN) 15-10 to present their mutually agreed-upon protocol for implementing the veterans Priority of Service (POS) requirement of federal law This TEN entitled A Protocol for Implementing Veterans Priority of Service is addressed to and provides technical assistance to all parts of the public workforce system including the State Workforce Agencies One-Stop Career Centers Local Workforce Investment Boards and other targeted grant programs Its purpose is to promote the implementation of policies and procedures which ensure that POS is implemented fully and effectively on behalf of all veterans and their eligible spouses when they seek employment-related assistance All recipients of DOL funds are required to comply with POS requirements The basic principle of DOLrsquos strategy for addressing the employment and training needs of veterans is that they must be served fully effectively and consistent with POS requirements by all DOL funded programs including the Workforce Investment Act and other programs administered by One-Stop Career Center staff In addition Californiarsquos Disabled Veteran Outreach Program (DVOP) specialists and Local Veteran Employment Representative (LVER) staff are valuable resource persons who are available to help all recipients of DOL funds to facilitate the delivery of effective services to veterans In particular DVOP and LVER staff are available to train One-Stop Career Center staff to enhance their effectiveness in meeting their responsibilities in serving veterans and in complying with veteransrsquo POS requirements The LVERs and DVOPs have specialized roles in the One-Stop Career Centers and their experience makes them experts regarding how the entire employment and training system working together will effectively address the special employment and training needs of veterans and their spouses
Page 2 of 2
Finally DVOP and LVER staffs have special expertise and training to provide tailored services to those special veterans and eligible spouses who have barriers to employment which cannot be met by mainstream employment and training services Provision of such tailored services by DVOP and LVER staff is available providing the veterans and eligible spouses meet the eligibility criteria for those tailored services (DVOP and LVER staff should be consulted regarding these criteria) Additional guidance to promote effective strategies for meeting POS mandates is available in DOLrsquos Training and Employment Guidance Letter (TEGL) 10-09 and DOL-VETS Veteransrsquo Program Letter (VPL) 07-09 which provides an overview of effective strategies for implementing POS If you have any questions regarding POS or this Information Notice please contact your local DVOP any LVER staff or Kent Kjelstrom the Employment Development Departmentrsquos Veterans Program Unit Manager at (916) 654-0858 or by e-mail at kentkjelstromeddcagov S MICHAEL EVASHENK Chief
Workforce Services Division
NO 15-10
TRAINING AND EMPLOYMENT NOTICE
DATE November 10 2010
TO STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS ONE-STOP CAREER CENTERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND NATIONAL FARMWORKER JOBS PROGRAM GRANTEES WORKFORCE INVESTMENT ACT SECTION 204 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCEP) GRANTEES EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS SUB-RECIPIENTS OF DEPARTMENT OF LABOR FUNDS
FROM JANE OATES s Assistant Secretary Employment and Training Administration RAYMOND JEFFERSON s Assistant Secretary Veterans Employment and Training Service SUBJECT Protocol for Implementing Priority of Service for Veterans and Eligible Spouses
in all Qualified Job Training Programs Funded in whole or in part by the US Department of Labor (DOL)
1 Purpose To announce the release and availability of the Employment and Training
Administration (ETA) Protocol for Implementing Priority of Service Regulations for Veterans and Eligible Spouses to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of Priority of Service for Veterans and Eligible Spouses
2 References
Veteranrsquos Benefits Title 38 United States Code (USC) Section 101(2) (38 USC 101(2))
Eligibility Requirements for Veterans Under Federal Employment and Training Programs 38 USC 4213
EMPLOYMENT AND TRAINING ADMINISTRATION US DEPARTMENT OF LABOR WASHINGTON DC 20210
2 The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)
codified at 38 USC 4215 Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL 109- 461 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132
Dec19 2008 and Training and Employment Guidance Letter (TEGL) 10-09
3 Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (PL)
107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered individuals (ie veterans and eligible spouse including widows and widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA has issued regulations and provided policy guidance to the workforce investment system regarding the implementation of priority of service under the November 2009 TEGL 10-09
4 Publication Description This publication provides action steps to support the strategic
planning of state workforce agencies local WIBs One-Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One-Stop Career Centers
5 Action requested With the publication of this Protocol for Implementing Priority of Service
for Veterans and Eligible Spouses DOL is encouraging those recipients subject to the regulations to review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place to ensure that veterans and eligible spouses receive priority of service in the workforce investment system
6 Inquiries Inquiries should be directed to Ronald ldquoRJrdquo Flowers at (202) 693-3948 or the
appropriate regional office 7 Attachment Publication A Protocol for Implementing Priority of Service for Veterans and
Eligible Spouses
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
LACOD-WIA11-04Page 2 of 3
BACKGROUND
On November 7 2002 President Bush signed the Jobs for Veterans Act (JVA) PublicLaw (PL) 107-288 to revise and improve employment training and placementservices furnished to veterans The Act mandated priority of service for veterans (andsome spouses) ldquowho otherwise meet the eligibility requirements for participationrdquo in WIAAdult and Dislocated Worker programs
Since the passage of the JVA Employment and Training Administration (ETA) hasissued regulations and provided policy guidance to the workforce investment systemregarding the implementation of priority of service under the November 2009 TEGL 10-09
POLICY AND PROCEDURES
Service providers are required to implement the following process to establish a priorityof service
1 Training of all WIA StaffAll WIA staff should be trained in priority of service requirements Areas of trainingshould include understanding definitions and requirements obtaining documentationknowing specific needs of various populations of veterans using data and tools specificto serving veterans understanding criteria that qualify some veterans and eligiblespouses for the specialized services of DVOP and LVFER staff and becoming familiarwith other services available to veterans
2 Point of Entry and Initial ServicesAll WorkSource Centers and Youth Sites must have intake forms or sign-in sheets toidentify veterans and eligible spouses when they visit service delivery points in personor through other means Signage is an important element in ensuring veterans identifiesthemselves It is the responsibility of the WIA managers to establish customizedprocesses for providing priority of service within the localstate strategic guidance
3 Core Intensive and Training ServicesService providers must develop procedures to allow veterans and eligible spouses to
receive priority of service at all stages of core intensive and training services
4 Virtual ServicesService Providers must be prepared to institute information collection at virtual points ofentry to meet the requirements of the Priority of Service regulations
5 OutreachImplementation of priority of service are encouraged but implementation is not requiredwithin existing outreach strategies
LACOD-WIAI 1-04Page 3 of 3
Veteransrsquo priority is required under federal law however it is not intended to displaceexisting eligibility requirements for WIA An individual must first qualify for WIA servicesbefore a priority of service can be applied Providers of service must use the followingguidelines when determining priority for WIA-funded services
bull In the event there is a service being provided with limited opportunities or fundspriority must be given to any identified eligible veterans
bull For example If there is a capacity limit for a training program and there is onlyone remaining slot and there are two applicants (one of whom is a veteran) theveteran must be given priority for the open training slot
ACTION
Los Angeles County WIA service providers should ensure that the policies andprocedures described herein are communicated to all front line staff responsible forimplementing priority of service to veterans and throughout the operationsmanagement and governance structure of the organization
The attachment Training and Employment Guidance Letter No 10O9 replacesTraining and Employment Guidance Letter No 5-03
INQUIRIES
If you have any questions regarding this directive please contact Irene Pelayo at (213)351-5246 or by e-mail at ipeIayo(aumlcssIacountyqov
(-dosie Marquez Exe6uti e irectorWorkforce Investment ard
Attachments 5
1 Training and Employment Guidance Letter No 10-09rsquo2 EDD Information Notice WSIN1O-363 Training and Employment Guidance Letter (TEGL) 15-104 Protocol for Implementing Priority of Service for Veterans and Eligible Spouses5 Jobs for Veterans Act Public Law 107-288 (Nov 7 2002)
INFORMATION NOTICE WORKFORCE SERVICES Number WSIN10-36
Date January 21 2011
EDD is an equal opportunity employerprogram Auxiliary aids and services are available upon request to individuals with disabilities Special requests for services aids andor special formats need to be made by calling (916) 654-8055 (Voice) TTY users please call the California Relay Service at 711
Workforce Services Division PO Box 826880 MIC 69 Sacramento CA 94280-0001 wwweddcagovJobs_and_Training
Page 1 of 2
Expiration Date 22113 50214kf14228 TO WORKFORCE DEVELOPMENT COMMUNITY SUBJECT PROTOCOL FOR IMPLEMENTING VETS PRIORITY OF SERVICE The Department of Laborrsquos Veterans Employment and Training Service (DOL-VETS) and Employment and Training Administration (ETA) have jointly drafted and issued Training and Employment Notice (TEN) 15-10 to present their mutually agreed-upon protocol for implementing the veterans Priority of Service (POS) requirement of federal law This TEN entitled A Protocol for Implementing Veterans Priority of Service is addressed to and provides technical assistance to all parts of the public workforce system including the State Workforce Agencies One-Stop Career Centers Local Workforce Investment Boards and other targeted grant programs Its purpose is to promote the implementation of policies and procedures which ensure that POS is implemented fully and effectively on behalf of all veterans and their eligible spouses when they seek employment-related assistance All recipients of DOL funds are required to comply with POS requirements The basic principle of DOLrsquos strategy for addressing the employment and training needs of veterans is that they must be served fully effectively and consistent with POS requirements by all DOL funded programs including the Workforce Investment Act and other programs administered by One-Stop Career Center staff In addition Californiarsquos Disabled Veteran Outreach Program (DVOP) specialists and Local Veteran Employment Representative (LVER) staff are valuable resource persons who are available to help all recipients of DOL funds to facilitate the delivery of effective services to veterans In particular DVOP and LVER staff are available to train One-Stop Career Center staff to enhance their effectiveness in meeting their responsibilities in serving veterans and in complying with veteransrsquo POS requirements The LVERs and DVOPs have specialized roles in the One-Stop Career Centers and their experience makes them experts regarding how the entire employment and training system working together will effectively address the special employment and training needs of veterans and their spouses
Page 2 of 2
Finally DVOP and LVER staffs have special expertise and training to provide tailored services to those special veterans and eligible spouses who have barriers to employment which cannot be met by mainstream employment and training services Provision of such tailored services by DVOP and LVER staff is available providing the veterans and eligible spouses meet the eligibility criteria for those tailored services (DVOP and LVER staff should be consulted regarding these criteria) Additional guidance to promote effective strategies for meeting POS mandates is available in DOLrsquos Training and Employment Guidance Letter (TEGL) 10-09 and DOL-VETS Veteransrsquo Program Letter (VPL) 07-09 which provides an overview of effective strategies for implementing POS If you have any questions regarding POS or this Information Notice please contact your local DVOP any LVER staff or Kent Kjelstrom the Employment Development Departmentrsquos Veterans Program Unit Manager at (916) 654-0858 or by e-mail at kentkjelstromeddcagov S MICHAEL EVASHENK Chief
Workforce Services Division
NO 15-10
TRAINING AND EMPLOYMENT NOTICE
DATE November 10 2010
TO STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS ONE-STOP CAREER CENTERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND NATIONAL FARMWORKER JOBS PROGRAM GRANTEES WORKFORCE INVESTMENT ACT SECTION 204 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCEP) GRANTEES EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS SUB-RECIPIENTS OF DEPARTMENT OF LABOR FUNDS
FROM JANE OATES s Assistant Secretary Employment and Training Administration RAYMOND JEFFERSON s Assistant Secretary Veterans Employment and Training Service SUBJECT Protocol for Implementing Priority of Service for Veterans and Eligible Spouses
in all Qualified Job Training Programs Funded in whole or in part by the US Department of Labor (DOL)
1 Purpose To announce the release and availability of the Employment and Training
Administration (ETA) Protocol for Implementing Priority of Service Regulations for Veterans and Eligible Spouses to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of Priority of Service for Veterans and Eligible Spouses
2 References
Veteranrsquos Benefits Title 38 United States Code (USC) Section 101(2) (38 USC 101(2))
Eligibility Requirements for Veterans Under Federal Employment and Training Programs 38 USC 4213
EMPLOYMENT AND TRAINING ADMINISTRATION US DEPARTMENT OF LABOR WASHINGTON DC 20210
2 The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)
codified at 38 USC 4215 Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL 109- 461 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132
Dec19 2008 and Training and Employment Guidance Letter (TEGL) 10-09
3 Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (PL)
107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered individuals (ie veterans and eligible spouse including widows and widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA has issued regulations and provided policy guidance to the workforce investment system regarding the implementation of priority of service under the November 2009 TEGL 10-09
4 Publication Description This publication provides action steps to support the strategic
planning of state workforce agencies local WIBs One-Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One-Stop Career Centers
5 Action requested With the publication of this Protocol for Implementing Priority of Service
for Veterans and Eligible Spouses DOL is encouraging those recipients subject to the regulations to review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place to ensure that veterans and eligible spouses receive priority of service in the workforce investment system
6 Inquiries Inquiries should be directed to Ronald ldquoRJrdquo Flowers at (202) 693-3948 or the
appropriate regional office 7 Attachment Publication A Protocol for Implementing Priority of Service for Veterans and
Eligible Spouses
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
LACOD-WIAI 1-04Page 3 of 3
Veteransrsquo priority is required under federal law however it is not intended to displaceexisting eligibility requirements for WIA An individual must first qualify for WIA servicesbefore a priority of service can be applied Providers of service must use the followingguidelines when determining priority for WIA-funded services
bull In the event there is a service being provided with limited opportunities or fundspriority must be given to any identified eligible veterans
bull For example If there is a capacity limit for a training program and there is onlyone remaining slot and there are two applicants (one of whom is a veteran) theveteran must be given priority for the open training slot
ACTION
Los Angeles County WIA service providers should ensure that the policies andprocedures described herein are communicated to all front line staff responsible forimplementing priority of service to veterans and throughout the operationsmanagement and governance structure of the organization
The attachment Training and Employment Guidance Letter No 10O9 replacesTraining and Employment Guidance Letter No 5-03
INQUIRIES
If you have any questions regarding this directive please contact Irene Pelayo at (213)351-5246 or by e-mail at ipeIayo(aumlcssIacountyqov
(-dosie Marquez Exe6uti e irectorWorkforce Investment ard
Attachments 5
1 Training and Employment Guidance Letter No 10-09rsquo2 EDD Information Notice WSIN1O-363 Training and Employment Guidance Letter (TEGL) 15-104 Protocol for Implementing Priority of Service for Veterans and Eligible Spouses5 Jobs for Veterans Act Public Law 107-288 (Nov 7 2002)
INFORMATION NOTICE WORKFORCE SERVICES Number WSIN10-36
Date January 21 2011
EDD is an equal opportunity employerprogram Auxiliary aids and services are available upon request to individuals with disabilities Special requests for services aids andor special formats need to be made by calling (916) 654-8055 (Voice) TTY users please call the California Relay Service at 711
Workforce Services Division PO Box 826880 MIC 69 Sacramento CA 94280-0001 wwweddcagovJobs_and_Training
Page 1 of 2
Expiration Date 22113 50214kf14228 TO WORKFORCE DEVELOPMENT COMMUNITY SUBJECT PROTOCOL FOR IMPLEMENTING VETS PRIORITY OF SERVICE The Department of Laborrsquos Veterans Employment and Training Service (DOL-VETS) and Employment and Training Administration (ETA) have jointly drafted and issued Training and Employment Notice (TEN) 15-10 to present their mutually agreed-upon protocol for implementing the veterans Priority of Service (POS) requirement of federal law This TEN entitled A Protocol for Implementing Veterans Priority of Service is addressed to and provides technical assistance to all parts of the public workforce system including the State Workforce Agencies One-Stop Career Centers Local Workforce Investment Boards and other targeted grant programs Its purpose is to promote the implementation of policies and procedures which ensure that POS is implemented fully and effectively on behalf of all veterans and their eligible spouses when they seek employment-related assistance All recipients of DOL funds are required to comply with POS requirements The basic principle of DOLrsquos strategy for addressing the employment and training needs of veterans is that they must be served fully effectively and consistent with POS requirements by all DOL funded programs including the Workforce Investment Act and other programs administered by One-Stop Career Center staff In addition Californiarsquos Disabled Veteran Outreach Program (DVOP) specialists and Local Veteran Employment Representative (LVER) staff are valuable resource persons who are available to help all recipients of DOL funds to facilitate the delivery of effective services to veterans In particular DVOP and LVER staff are available to train One-Stop Career Center staff to enhance their effectiveness in meeting their responsibilities in serving veterans and in complying with veteransrsquo POS requirements The LVERs and DVOPs have specialized roles in the One-Stop Career Centers and their experience makes them experts regarding how the entire employment and training system working together will effectively address the special employment and training needs of veterans and their spouses
Page 2 of 2
Finally DVOP and LVER staffs have special expertise and training to provide tailored services to those special veterans and eligible spouses who have barriers to employment which cannot be met by mainstream employment and training services Provision of such tailored services by DVOP and LVER staff is available providing the veterans and eligible spouses meet the eligibility criteria for those tailored services (DVOP and LVER staff should be consulted regarding these criteria) Additional guidance to promote effective strategies for meeting POS mandates is available in DOLrsquos Training and Employment Guidance Letter (TEGL) 10-09 and DOL-VETS Veteransrsquo Program Letter (VPL) 07-09 which provides an overview of effective strategies for implementing POS If you have any questions regarding POS or this Information Notice please contact your local DVOP any LVER staff or Kent Kjelstrom the Employment Development Departmentrsquos Veterans Program Unit Manager at (916) 654-0858 or by e-mail at kentkjelstromeddcagov S MICHAEL EVASHENK Chief
Workforce Services Division
NO 15-10
TRAINING AND EMPLOYMENT NOTICE
DATE November 10 2010
TO STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS ONE-STOP CAREER CENTERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND NATIONAL FARMWORKER JOBS PROGRAM GRANTEES WORKFORCE INVESTMENT ACT SECTION 204 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCEP) GRANTEES EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS SUB-RECIPIENTS OF DEPARTMENT OF LABOR FUNDS
FROM JANE OATES s Assistant Secretary Employment and Training Administration RAYMOND JEFFERSON s Assistant Secretary Veterans Employment and Training Service SUBJECT Protocol for Implementing Priority of Service for Veterans and Eligible Spouses
in all Qualified Job Training Programs Funded in whole or in part by the US Department of Labor (DOL)
1 Purpose To announce the release and availability of the Employment and Training
Administration (ETA) Protocol for Implementing Priority of Service Regulations for Veterans and Eligible Spouses to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of Priority of Service for Veterans and Eligible Spouses
2 References
Veteranrsquos Benefits Title 38 United States Code (USC) Section 101(2) (38 USC 101(2))
Eligibility Requirements for Veterans Under Federal Employment and Training Programs 38 USC 4213
EMPLOYMENT AND TRAINING ADMINISTRATION US DEPARTMENT OF LABOR WASHINGTON DC 20210
2 The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)
codified at 38 USC 4215 Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL 109- 461 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132
Dec19 2008 and Training and Employment Guidance Letter (TEGL) 10-09
3 Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (PL)
107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered individuals (ie veterans and eligible spouse including widows and widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA has issued regulations and provided policy guidance to the workforce investment system regarding the implementation of priority of service under the November 2009 TEGL 10-09
4 Publication Description This publication provides action steps to support the strategic
planning of state workforce agencies local WIBs One-Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One-Stop Career Centers
5 Action requested With the publication of this Protocol for Implementing Priority of Service
for Veterans and Eligible Spouses DOL is encouraging those recipients subject to the regulations to review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place to ensure that veterans and eligible spouses receive priority of service in the workforce investment system
6 Inquiries Inquiries should be directed to Ronald ldquoRJrdquo Flowers at (202) 693-3948 or the
appropriate regional office 7 Attachment Publication A Protocol for Implementing Priority of Service for Veterans and
Eligible Spouses
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
INFORMATION NOTICE WORKFORCE SERVICES Number WSIN10-36
Date January 21 2011
EDD is an equal opportunity employerprogram Auxiliary aids and services are available upon request to individuals with disabilities Special requests for services aids andor special formats need to be made by calling (916) 654-8055 (Voice) TTY users please call the California Relay Service at 711
Workforce Services Division PO Box 826880 MIC 69 Sacramento CA 94280-0001 wwweddcagovJobs_and_Training
Page 1 of 2
Expiration Date 22113 50214kf14228 TO WORKFORCE DEVELOPMENT COMMUNITY SUBJECT PROTOCOL FOR IMPLEMENTING VETS PRIORITY OF SERVICE The Department of Laborrsquos Veterans Employment and Training Service (DOL-VETS) and Employment and Training Administration (ETA) have jointly drafted and issued Training and Employment Notice (TEN) 15-10 to present their mutually agreed-upon protocol for implementing the veterans Priority of Service (POS) requirement of federal law This TEN entitled A Protocol for Implementing Veterans Priority of Service is addressed to and provides technical assistance to all parts of the public workforce system including the State Workforce Agencies One-Stop Career Centers Local Workforce Investment Boards and other targeted grant programs Its purpose is to promote the implementation of policies and procedures which ensure that POS is implemented fully and effectively on behalf of all veterans and their eligible spouses when they seek employment-related assistance All recipients of DOL funds are required to comply with POS requirements The basic principle of DOLrsquos strategy for addressing the employment and training needs of veterans is that they must be served fully effectively and consistent with POS requirements by all DOL funded programs including the Workforce Investment Act and other programs administered by One-Stop Career Center staff In addition Californiarsquos Disabled Veteran Outreach Program (DVOP) specialists and Local Veteran Employment Representative (LVER) staff are valuable resource persons who are available to help all recipients of DOL funds to facilitate the delivery of effective services to veterans In particular DVOP and LVER staff are available to train One-Stop Career Center staff to enhance their effectiveness in meeting their responsibilities in serving veterans and in complying with veteransrsquo POS requirements The LVERs and DVOPs have specialized roles in the One-Stop Career Centers and their experience makes them experts regarding how the entire employment and training system working together will effectively address the special employment and training needs of veterans and their spouses
Page 2 of 2
Finally DVOP and LVER staffs have special expertise and training to provide tailored services to those special veterans and eligible spouses who have barriers to employment which cannot be met by mainstream employment and training services Provision of such tailored services by DVOP and LVER staff is available providing the veterans and eligible spouses meet the eligibility criteria for those tailored services (DVOP and LVER staff should be consulted regarding these criteria) Additional guidance to promote effective strategies for meeting POS mandates is available in DOLrsquos Training and Employment Guidance Letter (TEGL) 10-09 and DOL-VETS Veteransrsquo Program Letter (VPL) 07-09 which provides an overview of effective strategies for implementing POS If you have any questions regarding POS or this Information Notice please contact your local DVOP any LVER staff or Kent Kjelstrom the Employment Development Departmentrsquos Veterans Program Unit Manager at (916) 654-0858 or by e-mail at kentkjelstromeddcagov S MICHAEL EVASHENK Chief
Workforce Services Division
NO 15-10
TRAINING AND EMPLOYMENT NOTICE
DATE November 10 2010
TO STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS ONE-STOP CAREER CENTERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND NATIONAL FARMWORKER JOBS PROGRAM GRANTEES WORKFORCE INVESTMENT ACT SECTION 204 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCEP) GRANTEES EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS SUB-RECIPIENTS OF DEPARTMENT OF LABOR FUNDS
FROM JANE OATES s Assistant Secretary Employment and Training Administration RAYMOND JEFFERSON s Assistant Secretary Veterans Employment and Training Service SUBJECT Protocol for Implementing Priority of Service for Veterans and Eligible Spouses
in all Qualified Job Training Programs Funded in whole or in part by the US Department of Labor (DOL)
1 Purpose To announce the release and availability of the Employment and Training
Administration (ETA) Protocol for Implementing Priority of Service Regulations for Veterans and Eligible Spouses to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of Priority of Service for Veterans and Eligible Spouses
2 References
Veteranrsquos Benefits Title 38 United States Code (USC) Section 101(2) (38 USC 101(2))
Eligibility Requirements for Veterans Under Federal Employment and Training Programs 38 USC 4213
EMPLOYMENT AND TRAINING ADMINISTRATION US DEPARTMENT OF LABOR WASHINGTON DC 20210
2 The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)
codified at 38 USC 4215 Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL 109- 461 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132
Dec19 2008 and Training and Employment Guidance Letter (TEGL) 10-09
3 Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (PL)
107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered individuals (ie veterans and eligible spouse including widows and widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA has issued regulations and provided policy guidance to the workforce investment system regarding the implementation of priority of service under the November 2009 TEGL 10-09
4 Publication Description This publication provides action steps to support the strategic
planning of state workforce agencies local WIBs One-Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One-Stop Career Centers
5 Action requested With the publication of this Protocol for Implementing Priority of Service
for Veterans and Eligible Spouses DOL is encouraging those recipients subject to the regulations to review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place to ensure that veterans and eligible spouses receive priority of service in the workforce investment system
6 Inquiries Inquiries should be directed to Ronald ldquoRJrdquo Flowers at (202) 693-3948 or the
appropriate regional office 7 Attachment Publication A Protocol for Implementing Priority of Service for Veterans and
Eligible Spouses
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
Page 2 of 2
Finally DVOP and LVER staffs have special expertise and training to provide tailored services to those special veterans and eligible spouses who have barriers to employment which cannot be met by mainstream employment and training services Provision of such tailored services by DVOP and LVER staff is available providing the veterans and eligible spouses meet the eligibility criteria for those tailored services (DVOP and LVER staff should be consulted regarding these criteria) Additional guidance to promote effective strategies for meeting POS mandates is available in DOLrsquos Training and Employment Guidance Letter (TEGL) 10-09 and DOL-VETS Veteransrsquo Program Letter (VPL) 07-09 which provides an overview of effective strategies for implementing POS If you have any questions regarding POS or this Information Notice please contact your local DVOP any LVER staff or Kent Kjelstrom the Employment Development Departmentrsquos Veterans Program Unit Manager at (916) 654-0858 or by e-mail at kentkjelstromeddcagov S MICHAEL EVASHENK Chief
Workforce Services Division
NO 15-10
TRAINING AND EMPLOYMENT NOTICE
DATE November 10 2010
TO STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS ONE-STOP CAREER CENTERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND NATIONAL FARMWORKER JOBS PROGRAM GRANTEES WORKFORCE INVESTMENT ACT SECTION 204 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCEP) GRANTEES EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS SUB-RECIPIENTS OF DEPARTMENT OF LABOR FUNDS
FROM JANE OATES s Assistant Secretary Employment and Training Administration RAYMOND JEFFERSON s Assistant Secretary Veterans Employment and Training Service SUBJECT Protocol for Implementing Priority of Service for Veterans and Eligible Spouses
in all Qualified Job Training Programs Funded in whole or in part by the US Department of Labor (DOL)
1 Purpose To announce the release and availability of the Employment and Training
Administration (ETA) Protocol for Implementing Priority of Service Regulations for Veterans and Eligible Spouses to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of Priority of Service for Veterans and Eligible Spouses
2 References
Veteranrsquos Benefits Title 38 United States Code (USC) Section 101(2) (38 USC 101(2))
Eligibility Requirements for Veterans Under Federal Employment and Training Programs 38 USC 4213
EMPLOYMENT AND TRAINING ADMINISTRATION US DEPARTMENT OF LABOR WASHINGTON DC 20210
2 The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)
codified at 38 USC 4215 Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL 109- 461 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132
Dec19 2008 and Training and Employment Guidance Letter (TEGL) 10-09
3 Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (PL)
107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered individuals (ie veterans and eligible spouse including widows and widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA has issued regulations and provided policy guidance to the workforce investment system regarding the implementation of priority of service under the November 2009 TEGL 10-09
4 Publication Description This publication provides action steps to support the strategic
planning of state workforce agencies local WIBs One-Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One-Stop Career Centers
5 Action requested With the publication of this Protocol for Implementing Priority of Service
for Veterans and Eligible Spouses DOL is encouraging those recipients subject to the regulations to review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place to ensure that veterans and eligible spouses receive priority of service in the workforce investment system
6 Inquiries Inquiries should be directed to Ronald ldquoRJrdquo Flowers at (202) 693-3948 or the
appropriate regional office 7 Attachment Publication A Protocol for Implementing Priority of Service for Veterans and
Eligible Spouses
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
NO 15-10
TRAINING AND EMPLOYMENT NOTICE
DATE November 10 2010
TO STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS ONE-STOP CAREER CENTERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND NATIONAL FARMWORKER JOBS PROGRAM GRANTEES WORKFORCE INVESTMENT ACT SECTION 204 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCEP) GRANTEES EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS SUB-RECIPIENTS OF DEPARTMENT OF LABOR FUNDS
FROM JANE OATES s Assistant Secretary Employment and Training Administration RAYMOND JEFFERSON s Assistant Secretary Veterans Employment and Training Service SUBJECT Protocol for Implementing Priority of Service for Veterans and Eligible Spouses
in all Qualified Job Training Programs Funded in whole or in part by the US Department of Labor (DOL)
1 Purpose To announce the release and availability of the Employment and Training
Administration (ETA) Protocol for Implementing Priority of Service Regulations for Veterans and Eligible Spouses to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of Priority of Service for Veterans and Eligible Spouses
2 References
Veteranrsquos Benefits Title 38 United States Code (USC) Section 101(2) (38 USC 101(2))
Eligibility Requirements for Veterans Under Federal Employment and Training Programs 38 USC 4213
EMPLOYMENT AND TRAINING ADMINISTRATION US DEPARTMENT OF LABOR WASHINGTON DC 20210
2 The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)
codified at 38 USC 4215 Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL 109- 461 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132
Dec19 2008 and Training and Employment Guidance Letter (TEGL) 10-09
3 Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (PL)
107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered individuals (ie veterans and eligible spouse including widows and widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA has issued regulations and provided policy guidance to the workforce investment system regarding the implementation of priority of service under the November 2009 TEGL 10-09
4 Publication Description This publication provides action steps to support the strategic
planning of state workforce agencies local WIBs One-Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One-Stop Career Centers
5 Action requested With the publication of this Protocol for Implementing Priority of Service
for Veterans and Eligible Spouses DOL is encouraging those recipients subject to the regulations to review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place to ensure that veterans and eligible spouses receive priority of service in the workforce investment system
6 Inquiries Inquiries should be directed to Ronald ldquoRJrdquo Flowers at (202) 693-3948 or the
appropriate regional office 7 Attachment Publication A Protocol for Implementing Priority of Service for Veterans and
Eligible Spouses
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
2 The Jobs for Veterans Act (JVA) of 2002 Public Law (PL) 107-288 section 2(a)
codified at 38 USC 4215 Veteransrsquo Benefits Health Care and Information Technology Act of 2006 PL 109- 461 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132
Dec19 2008 and Training and Employment Guidance Letter (TEGL) 10-09
3 Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (PL)
107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered individuals (ie veterans and eligible spouse including widows and widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA has issued regulations and provided policy guidance to the workforce investment system regarding the implementation of priority of service under the November 2009 TEGL 10-09
4 Publication Description This publication provides action steps to support the strategic
planning of state workforce agencies local WIBs One-Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One-Stop Career Centers
5 Action requested With the publication of this Protocol for Implementing Priority of Service
for Veterans and Eligible Spouses DOL is encouraging those recipients subject to the regulations to review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place to ensure that veterans and eligible spouses receive priority of service in the workforce investment system
6 Inquiries Inquiries should be directed to Ronald ldquoRJrdquo Flowers at (202) 693-3948 or the
appropriate regional office 7 Attachment Publication A Protocol for Implementing Priority of Service for Veterans and
Eligible Spouses
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
A Protocol for Implementing Priority of Service
For Veterans and Eligible Spouses
Prepared by
US DEPARTMENT OF LABOR
Employment and Training Administration (ETA) and
Veterans Employment and Training Service (VETS)
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
INTRODUCTION
It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses
who receive services under any qualified job training program funded in whole or in part by the US Department of
Labor (DOL) With the many competing priorities that the workforce system is facing during this challenging economic
environment it is critical that the system ensure priority
of service to veterans and their eligible spouses
Through this protocol for implementing Priority of Ser‐
vice (POS) the Department of Laborrsquos Employment and
Training Administration (ETA) is providing technical assis‐
tance to the workforce system at all levels including
One‐Stop Career Centers local Workforce Investment
Boards (WIBs) State Workforce Agencies and other tar‐
geted grant programs to help them enact policies and
procedures to ensure that POS is implemented fully and
effectively for veterans and their eligible spouses
WHO IS A COVERED PERSON
A veteran who is eligible or spouse of an eligible veteran
who is entitled to receive priority of service is a person
who has served at least one day in the active military
naval or air service and who was discharged or released
from service under any condition other than a condition
classified as dishonorable is a covered person This defi‐
nition includes Reserve units and National Guard units
activated for Federal Service
Introduction Page 2
Who is a Covered Person Page 2
Background Page 3
Goal For This Protocol Page 3
Determining the Status of Veterans Page 4
Determining the Status of Eligible Spouses Page 4
The State Workforce Agencyrsquos Role in Implementing Priority of Service
Page 5
Strategic Planning Page 6
Local Workforce Investment Boardrsquos Role in Imple‐menting Priority of Service
Page 6
One‐Stop Career Centerrsquos Role in Implementing Pri‐ority of Service
Page 6
One‐Stop Career Center Policies and Procedures Page 7
Questions to Consider Page 7
Training of One‐Stop Career Center Staff Page 7
Point of Entry and Initial Services Page 8
Core and Intensive and Training Services Page 9
Business Service Units Page 9
Virtual Services Page 10
Outreach Page 10
Veterans Who Visited One‐Stop Career Centers in the Past
Page 10
Conclusion Page 11
It is important to note that the definition of veteran in the Jobs For Veterans Act (JVA) the Priority of Service Regula‐
tions and TEGL 10‐09 differs from the definition of veteran that applies to reporting of Wagner‐Peyser services and to
eligibility to receive services from a Disabled Veteransrsquo Outreach Program (DVOP) specialist or a Local Veteransrsquo Em‐
ployment Representative (LVER) staff member The veteran definition that requires the individual to have over 180
days of active service still applies to Wagner‐Peyser reporting and to eligibility for DVOP and LVER services but does
not apply to priority of service in DOL‐funded employment and training programs It is the responsibility of the program
operator to ensure that policies and procedures and staff training reflect the correct eligibility definition
2
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
BACKGROUND
The Jobs for Veterans Act (JVA) PL 107‐288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara‐tion development or delivery program or ser‐vice directly funded in whole or in part by the US Department of Labor (38 USC 4215) The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im‐plement priority of service for veterans and eligible spouses effective January 19 2009
To provide additional guidance to the work‐force investment system and all impacted grantees the ETA and the Veteransrsquo Employ‐ment and Training Service (VETS) issued guid‐ance regarding implementation of priority of service on November 10 2009 through Train‐ing and Guidance Letter (TEGL) 10‐09 and Vet‐eransrsquo Program Letter (VPL) No 07‐09 That guidance details the requirements of State Workforce Agencies (SWAs) local WIBs and One‐Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as ldquocovered per‐sonsrdquo For the purpose of this Protocol we will refer to covered persons as ldquoveterans and eligi‐ble spousesrdquo Those persons not eligible for priority of service are referred to in this proto‐col as ldquonon‐covered personsrdquo
Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service Priority of ser‐vice means the right of veterans and eligible spouses to take precedence over a non‐covered person in obtaining all employment and training services Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in‐stead of non‐covered persons
GOAL FOR THIS PROTOCOL
The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One‐Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One‐Stop Career Centers This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system
The Protocol amplifies information from the Priority of Service regulations TEGL 10‐09 and VPL 07‐09 and does not contain any new or conflicting information Its pur‐pose is to provide information suggestions and exam‐ples about how to effectively implement priority of ser‐vice to meet the requirements of the Departmentrsquos regulations After reviewing this protocol individuals managing the Departmentrsquos grants will have useful tools and examples to help inform their planning and implementation of priority of service
3
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
DETERMINING THE STATUS OF A VETERAN
Veteran status is determined from answers to some key questions
1 ldquoDid the individual serve on active duty in the US Armed Servicesrdquo
2 ldquoIs the individual still in the Armed Forcesrdquo
Answers of ldquoyesrdquo to the first ques‐tion and ldquonordquo the second question may qualify the person as a veteran
or eligible souse
3 ldquoFinally what type of discharge did the individ‐ual receiverdquo
NOTE
The full definition of veteran and eligible spouse is specified in 38 USC 101(2)
The definition of veteran for the purposes of pri‐ority of service is different from the definition of veteran that applies under the Wagner‐Peyser Act To meet the requirements of priority of ser‐vice you must use the definition included in 20 CFR 1010
Only a veteranrsquos discharge clearly categorized as ldquoDishonorablerdquo would bar a veteran or a vet‐eranrsquos spouse from eligibility for priority of ser‐vice
Any discharge that is not dis‐honorable qualifies the individ‐ual as a veteran who is entitled
to priority of service
DETERMINING THE STATUS OF ELIGIBLE SPOUSES
An ldquoeligible spouserdquo means a spouse of any of the fol‐lowing
a A spouse of any veteran who died of a service‐connected disability
b A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego‐ries and has been so listed for a total of more than 90 days
i Missing in action
ii Captured in the line of duty by a hostile force or
iii Forcibly detained or interned in the line of duty by a foreign government or power
c A spouse of any veteran who has a total disability re‐sulting from a service‐connected disability as evaluated by the Department of Veterans Affairs or
d A spouse of any veteran who died while a disability was in existence
A spouse whose eligibility is derived from a living veteran or service member (categories b or c above) would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility (eg if a veteran with a total service‐connected disability were to receive a revised disability rating at a lower level) Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member However a spouse who qualifies under cate‐gories a or d would not lose covered status through subse‐quent remarriage
4
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
THE STATE WORKFORCE AGENCYrsquoS ROLE IN IMPLEMENTING PRIORITY
The process of effectively and uniformly imple‐menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden‐tify where priority of service applies and where guidance from the state is needed
While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini‐tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems
COMMUNICATIONS
Implement communication strategies among
SWAs local WIBs One‐Stop Career Center man‐
agers and sub‐recipients to ensure that policy
changes and expectations are clearly articu‐
lated strategies for priority of service are
clearly conveyed and solutions to barriers to
priority of service are generated and shared
To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli‐cies state plans procedures and processes that ad‐dress
Implementation of priority of service by the State Workforce Agency local WIBs and One‐Stop Career Centers for all employment and training services delivered through the statersquos workforce system
Guidance for local WIBs on strategic planning and required areas for policy and service de‐livery changes
Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self‐service re‐sources to notify users of priority of service to ensure veterans and eligible spouses re‐ceive this benefit
Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser‐vice providers for those veterans who qualify to receive their services
Language in contracts sub‐contracts solicita‐tions for grant awards sub‐grants memo‐randa of understanding (MOUs) and other service provision agreements to ensure com‐pliance with priority of service by sub‐recipients
Data collection procedures and tools to track services to veterans and eligible spouses and
Monitoring of sub‐recipients to ensure com‐pliance with priority of service requirements
5
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
STATE STRATEGIC PLANNING AND GUIDANCE
States and local areas should include veteranrsquos priority of service in their strategic planning The statersquos plan‐ning should consider
1 Recently separated veterans who are in need of support to enter the civilian workforce for the first time including veterans who need assistance in transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing un‐employment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness disabilities or other barriers to em‐ployment
Veteranrsquos priority of service should be included in local planning as well State Workforce Agencies should en‐courage local WIBs and One‐
A stand down for homeless Stop Career Centers to use data veterans is a secure event and e‐tools to inform strategic where veterans are able to planning at the local level to take care of personal hygiene
get clean clothing enjoy warm serve veterans and eligible meals receive medical and spouses This might include la‐dental care mail and receive
bor market information ONET letters and enjoy the camara‐military credential translation derie of friends in a safe envi‐
and other e‐tools which will in‐ ronment For a list of events visit httpwwwnchvorg form and support the strategic
standdowneventscfm implementation of priority of service States should encour‐age local WIBs and One‐Stop Career Centers to investi‐gate strategic partnering with required and optional One‐Stop partners and other organizations to serve vet‐erans and eligible spouses This may include partnering with local non‐profits to participate in stand downs for homeless veterans DOL VETS programs and the De‐partment of Veterans Affairs offices to support the needs of the veteran community In addition to incor‐porating veteranrsquos priority of service into strategic plan‐ning states should include specific veteranrsquos priority of service information in its WIAWagner‐Peyser Act state plan
LOCAL WORKFORCE INVESTMENT BOARD ROLE IN IMPLEMENTING PRIORITY OF SERVICE
Similar to the process recommended for State Work‐force Agencies local WIBs are encouraged to begin by conducting a strategic review and analysis of their policies procedures and service delivery strategies to identify points where priority of service should be implemented While the local WIB policy is likely to mirror state policies it is critical that policies address‐ing priority of service are operationalized in a way that provides veterans and eligible spouses with the full range of employment and training services in a manner that is comprehensive customer‐driven and seamless
The guidance issued by the Department requires local WIBs to develop policies implementing priority of ser‐vice for the One‐Stop Career Centers and other ser‐vice delivery providers in their strategic local plan Policies should inform veterans and eligible spouses of
Their entitlement to priority of service
The full array of employment training and placement services available under priority of service and
Any applicable eligibility requirements for those programs andor services
ONE‐STOP CAREER CENTER ROLE IN IMPLEMENTING PRIORITY OF
SERVICE
While only minor adjustments may be needed at a minimum One‐Stop Career Centers need to review and evaluate whether their current policies proce‐dures and service delivery processes meet the re‐quirements of law and regulations along with the ap‐plicable TEGL and this supplementary guidance Addi‐tionally staff at all levels will need training to under‐stand the depth and breadth of what the law requires In some One‐Stop Career Centers changes may be minimal and involve updates to policies
See TEGL 10‐09 guidance for implementation of priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL
6
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
ONE‐STOP CAREER CENTER POLICIES AND TRAINING OF ONE‐STOP CAREER PROCEDURES CENTER STAFF
Point of Entry
can include Reception Areas Re‐
source Areas Web sites Self‐service Kiosks and
Informational bulletin
boards etc
QUESTIONS TO CONSIDER
Has the One‐Stop Career Center evaluated its service provision to all groups of veterans including
1 Separating veterans who are in need of support to enter the civilian workforce for the first time includ‐ing veterans who need assistance transferring their skills experience and credentials to the civilian job market
2 Veterans who have been back in the civilian work‐force for some time and may be experiencing unem‐ployment as a result of the economic downturn and
3 Veterans who have had long periods of unemploy‐ment and may require additional support due to homelessness or disabilities and other barriers to employment
One‐Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates
Local One‐Stop Career Centers must de‐velop local policies and procedures to im‐prove integration of priority of service into existing service delivery strategies This means that One‐Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the ldquopoint of entryrdquo and to facilitate the implemen‐tation of priority of service by inform‐ing veterans and eligible spouses of
1 Their entitlement to priority of service
2 The full array of employment training and placement services available under priority of service and
3 Any applicable eligibility requirements for those programs andor services
Helping veterans obtain training and employment is the responsibility of all One‐Stop Career Center staff All One Stop Career Center staff should be trained in priority of service re‐quirements This training will allow veteransrsquo rep‐resentatives and One‐Stop Career Center program staff to learn about veteransrsquo needs and the re‐sources available to help veterans access the full range of services available in the community
AREAS OF STAFF TRAINING SHOULD INCLUDE
Understanding the definitions of veteran and eligible spouse
Knowing the requirements of priority of ser‐vice
Obtaining DD‐214 forms and other state‐approved documentation of veteran status and clarifying when that documentation must be provided
Providing training on the specific needs of various populations of veterans and eligible spouses
Using data and tools that are specific to serv‐ing veterans to evaluate military experience and credentials against civilian occupations
Understanding the criteria that qualify some veterans and eligible spouses for the special‐ized services of DVOP specialists and LVER staff and
Becoming familiar with other services avail‐able to veterans and eligible spouses through‐out the community
7
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
POINT OF ENTRY AND INITIAL SERVICES
One‐Stop Career Centers must have intake forms or sign‐in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means In order to encourage individuals to self‐identify One‐Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process This information must also be conveyed when veterans and eligible spouses access ser‐vices electronically or by telephone
It is the responsibility of the One‐Stop Career Center manager to establish customized processes for providing priority of service within the localstate strategic guid‐ance At intake this can be accomplished by assessing veteranrsquos status through sign‐in sheets Another alterna‐tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior‐ity passengers One‐Stops can create veteran only sign‐in sheets or designated veteran areas in the One‐Stop Career Centers Staff should also be trained to ask about veteran status at intake Whatever policies are established they should be consistent in providing priority of service for the use of self‐service resources and staff assisted services
It is important to distinguish between identifying a veteran for priority of service and verifying a veteranrsquos status At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse
If an individual self‐identifies as a veteran or eligible spouse at a One‐Stop Career Center that individual should be provided immediate priority in the delivery of employ‐ment and training services
When a veteran or eligible spouse undergoes eligibility determination for enrollment (eg in WIA Adult pro‐grams) it is appropriate to initiate verification of veteran status
If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta‐tion verifying hisher eligibility for priority of service he she is to be afforded access on a priority basis to all ser‐vices provided by program staff (including intensive ser‐vices) while awaiting verification
The One‐Stop Career Center manager has the re‐
sponsibility to establish a process for providing
priority of service hellip
Revisions of forms sign‐in sheets and other
means to identify veterans and eligible spouse
may be necessary hellip
Signage is an important element in ensuring vet‐
erans identify themselves hellip
Staff should be trained to ask about veteran
status at intake hellip
One‐Stop Career Centers may establish veteran‐
only sign‐in sheets or designated areas pat‐
terned after airport practices for priority passen‐
gers hellip
If an individual self‐identifies as a veteran or
spouse at a One‐Stop Career Center the individ‐
ual should be provided immediate priority
The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training
8
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
CORE INTENSIVE AND TRAINING SERVICES
One‐Stop Career Center managers must put in place pro‐cedures that allow veterans and eligible spouses to re‐ceive priority of service at all stages of core intensive and training services
For veterans who are The use of assessment and testing
recently separated or can be important tools for ensur‐
who have recently ing that veterans and eligible lost their jobs due to spouses receive the services they the economic down‐ need to be successful turn many of these intensive services will Training may include
be vital to preparing Occupational skills training them for employ‐ment The use of On‐the‐job training assessment and test‐ing can be important tools for ensuring Job readiness training that veterans and eligible spouses re‐ Adult education and literacy ceive the services that they need to be successful Based on Employer customized training
these assessments veterans and eligible spouses should re‐ceive priority in accessing training that is determined nec‐essary by the case managers This may include occupa‐tional skills training on‐the‐job training job readiness training adult education and literacy andor employer customized training In order to ensure priority of service One‐Stop Career Center managers must see to it that vet‐erans and eligible spouses receive intensive services be‐fore other non‐covered persons Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non‐covered persons However once a participant is enrolled in a workshop or training class heshe may not be displaced by a veteran or eligible spouse for that class or service
One‐Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area These workshops may be held in conjunction with the Transition Assistance Program (TAP) employment workshop sessions for separating service members or in conjunction with ori‐entations offered by LVERDVOP staff
Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in‐come individuals should be implemented in tandem Therefore low income veterans and eligible spouses would receive first priority followed by low income non‐covered persons For more information on this see Section I Programs with Statutory Priorities in Attachment A of TEGL 10‐09
BUSINESS SERVICE UNITS
The One‐Stop Career Center staff must review and up‐date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies This may include changes to outreach information given to the business commu‐nity as well as identifying new employers for promot‐ing the hiring of veterans Veteran status should be ldquoflaggedrdquo in systems that match job seekers with job postings to help employers identify veterans and eligi‐ble spousesrsquo job seekers Some suggestions for provid‐ing priority of service when working with employers include
Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff
ldquoFlagging ldquoof Federal job opportunities in or‐der to guide veterans to these listings
Use of ldquoveteran‐onlyrdquo electronic employment resources
Identifying employers who are interested in hiring veterans
Identifying Federal contractors required by the Department of Labors Office of Federal Con‐tract Compliance Programs (OFCCP) to provide hiring preference to veterans and promote the hiring of veterans
Inviting employers to workshops that promote the benefits of hiring veterans
Working with industry sectors that include oc‐cupations that crosswalk well to military train‐ing education and experience and
Promoting job fairs for veterans and eligible spouses
9
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
VIRTUAL SERVICES FOUR STEPS TO CONSIDER
In addition to revising paper forms One‐Stop Career Centers must be prepared to institute information col‐lection at virtual points of entry to meet the require‐ments of the Priority of Service regulations
This means that Web sites
and eligible spouses self‐identify through vir‐ with an opportunity tual sign‐up and registra‐ to self‐identify tion forms Once identi‐ through virtual sign‐fied through virtual access up and registration points One‐Stop Career forms Center staff including the DVOPLVER staff may contact the veteran or eligible spouse to inform them of the full array of ser‐vices available through the One‐Stop Career Center
explains priority of service
Web sites must in‐must include content that clude content that
explains priority of as well as provides veter‐ service as well as ans and eligible spouses provide veterans with an opportunity to
Likewise call centers and information hotlines must make sure that scripts pre‐recorded announcements and standard greetings inform callers of priority of ser‐vice for veterans and eligible spouses
OUTREACH
As part of implementing priority of service One‐Stops are encouraged but not required to implement an out‐reach strategy There are many ways a One‐Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated andor homeless veterans and eligible spouses
1 Connecting to nearby military installations in order to engage transitioning service membersand eligible spouses
3 Working with Local Veteransrsquo Employment Rep‐resentatives and Disabled Veteransrsquo Outreach Program specialists to ensure coordination withDOL VETS funded programs
3 Visiting local homeless shelters and stand downsto encourage homeless veterans to access theOne‐Stops and
4 Working with the Department of Veterans Af‐fairs to serve veterans in the community who may need support gaining employment
GETTING THE WORD OUT TO
VETERANS AND ELIGIBLE SPOUSES
WHO HAVE VISITED ONE‐STOP CAREER
CENTERS IN THE PAST
The use of posted bulletins and brochures in‐side the One‐Stop Career Center and at job
fairs veteransrsquo services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro‐mote priority of service to veterans and eligible spouses
Outreach to Veterans Service Organizations is also an effective strategy These organizations
welcome the opportunity to disseminate informa‐tion and to schedule presentations about services available to their members
One‐Stop Career Centers may also generate a list of veterans who have visited the One‐Stop
but have not received staff assisted services and attempt to re‐engage them by sending letters making phone calls or sending email
10
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
CONCLUSION
The requirement to provide priority of service applies to all WIA Wagner‐Peyser Act discretionary grants targeted programs (Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance) and all other programs and services funded in whole or in part by the DOL Agreement by a program opera‐tor to implement priority of service is a condition of receipt of DOL funds This requirement cannot be waived
To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10‐09 and VPL 07‐09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses While the strategies discussed here show promise for ad‐dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA
ADDITIONAL RESOURCES
ETArsquos Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA For a listing of ETA Regional Offices visit httpwwwdoletagovRegionsregofficesPageseta_defaultcfm
The careeronestop website wwwmySkillsmyFutureorg can help career changers find new occupa‐tions to explore Users can identify occupations that require skills and knowledge similar to their cur‐rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs
VETS and ETA have Regional Directors Administrators co‐located at each of the six ETA Regional Office locations In addition VETS has Directors of Veterans Employment and Training (DVETs) in every state These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro‐viding priority of service and provide connections to VETS programs and grants in the state For a list‐ing of VETS Regional Offices and State Offices visit httpwwwdolgovvetsaboutvetscontacts mainhtmRegionalStateDirectory
Finally DVOP specialists and LVER staff members in the One‐Stop Career Center can be a valuable re‐source and can help to facilitate the delivery of services to veterans DVOP specialists and LVER staff members can cross‐train One‐Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services It is important to note that veterans can and should be served by any One‐Stop staff LVERs and DVOPs have specialized roles in the One‐Stops and their experiences make them experts in ad‐dressing the unique needs of veterans
11
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
12
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
US Department of Labor Assistant Secretary for Veterans Employment and Training Washington DC 20210
NOV 102009
VETERANS PROGRAM LETTER NO 07-09
TO
FROM
ALL REGIONAL ADMINISTRATORS AND DIRECTORS FOR VETERANS EMPLOYMENT AND TRAINING ALL STATE AGENCY ADMINISTRATORS ALL REGIONAL ADMINISTRATORS EMPLOYMENT AND TRAINING ADMINISTRATION (INFO)
RAYMOND M JEFFERSON ~~ m ~ Assistant Secretary for Veterans Employment ana Training
JANE OATES ~ ~ Assistant Secretary U Employment and Training Administration
SUBJECT Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole or in Part by the US Department of Labor
I Purpose To provide information to assist and support those agencies and other grantees that receive funds from the Department to operate qualified job training programs in the implementation of the Priority of Service for Veterans and Eligible Spouses Final Rule This joint guidance is being issued concurrently by the Employment and Training Administration (ETA) and the Veterans Employment and Training Service (VETS) Training and Employment Guidance Letter (TEGL) 10-09 is the ETA guidance that corresponds to this VPL
II References Title 38 United States Code Section 101(2) (38 USC 101(2raquo 38 USC Chapters 41 and 42 Priority of Service for Covered Persons Final Rule 20 CFR Part 1010 Fed Reg 78132 Dec19 2008
III Background On November 7 2002 the Jobs for Veterans Act (JVA) Public Law (P L) 107-288 was signed into law One provision of the JVA codified at 38 USC 4215 establishes a priority of service requirement for covered persons (ie veterans and eligible spouses including widows and Widowers as defined by this statute) in qualified job training programs
Since the passage of the JVA ETA and VETS have provided policy guidance to the workforce investment system regarding the implementation of priority of service including ETAs issuance of TEGL 05-03 in September 2003 On December 22 2006 the Veterans Benefits Health Care and Information Technology Act of 2006 (PL 109-461) was enacted Section 605 of that statute requires the Department to
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
implement priority of service via regulation and 20 CFR Part 1010 published on December 19 2008 reflects the Departmentrsquos response to that statutory requirement The Final Rule took effect on January 19 2009 While recipients of DOL funds for qualified job training programs have been required to provide priority of service since 2002 the publication of the Final Rule signals that those recipients subject to the regulations should review and if necessary enhance their current policies and procedures to ensure that adequate protocols are in place
IV Scope of the Requirement Recipients (and sub-recipients) of DOL funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses The Final Rule defines a) ldquorecipientrdquo to mean an entity to which Federal financial assistance in whole or in part is awarded directly from the Department or through sub-award for any qualified job training program and b) ldquoqualified job training programrdquo to mean any program or service for workforce preparation development or delivery that is directly funded in whole or in part by the Department of Labor (20 CFR 1010110) For the purpose of this guidance the term ldquoprogram operatorrdquo is intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job training program
Agreement by a program operator to implement priority of service is a condition of receipt of DOL funds Therefore the requirement to provide priority of service applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded activities including technology-assisted activities the Senior Community Service Employment Program (SCSEP) Indian and Native American Programs (INAP) National Farmworker Jobs Training Programs (NFJP) Trade Adjustment Assistance Programs (TAA) job training programs funded through the Womenrsquos Bureau and any other current or future qualified job training program Additionally all program operators are required to ensure that priority of service is applied by all sub-recipients of DOL funds All program activities issued or executed by program operators regardless of how they are procured must be administered in compliance with priority of service requirements
V Role of States and Local Areas under the Workforce Investment Act (WIA) Under the Final Rule and WIA planning guidelines (TEGL 14-08) States are required to address priority of service in their comprehensive strategic plan for the Statersquos workforce investment system To meet this requirement each State District or US territory must develop policies for the delivery of priority of service by the State Workforce Agency or Agencies Local Workforce Investment Boards and One Stop Career Centers for all qualified job training programs delivered through the Statersquos workforce system The policy or policies must require that processes are in place to ensure that veterans and eligible spouses are identified at the point of entry and given an opportunity to take full advantage of priority of service The purpose of these processes is to ensure that veterans and eligible spouses are aware of (1) their entitlement to priority of service (2) the full array of employment training and placement services available under priority of service and (3) any applicable eligibility requirements for those programs andor services Statesrsquo policies must require each Local Workforce Investment Board to develop and include in its strategic local plan policies and procedures implementing priority of service for the local One Stop Career Centers and for service delivery by local workforce preparation and training providers Written copies of local priority of service policies should be
2
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
maintained at all service delivery points and to the extent practicable should be posted in a way that makes it possible for members of the general public to easily access them
VI Eligibility for Priority of Service Veterans and eligible spouses including widows
and widowers as defined in the statute and regulations are eligible for priority of service For the purposes of implementing priority of service the Final Rule requires that program operators use the broad definition of veteran found in 38 USC 101(2) Under this definition the term ldquoveteranrdquo means a person who served at least one day in the active military naval or air service and who was discharged or released under conditions other than dishonorable as specified in 38 USC 101(2) Active service includes full-time Federal service in the National Guard or a Reserve component This definition of ldquoactive servicerdquo does not include full-time duty performed strictly for training purposes (ie that which often is referred to as ldquoweekendrdquo or ldquoannualrdquo training) nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters)
ldquoEligible spouserdquo as defined at section 2(a) of the JVA (38 USC 4215[a]) means the spouse of any of the following a Any veteran who died of a service-connected disability b Any member of the Armed Forces serving on active duty who at the time of
application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days
i Missing in action ii Captured in line of duty by a hostile force or iii Forcibly detained or interned in line of duty by a foreign government or
power c Any veteran who has a total disability resulting from a service-connected
disability as evaluated by the Department of Veterans Affairs or d Any veteran who died while a disability was in existence A spouse whose
eligibility is derived from a living veteran or service member (ie categories b or c above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (eg if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level) Similarly for a spouse whose eligibility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member
The priority of service regulations refer to those veterans and spouses who are eligible for priority of service as ldquocovered personsrdquo and refer to those not eligible for priority of service as ldquonon-covered personsrdquo In the interest of specificity this guidance refers to those eligible as ldquoveterans and eligible spousesrdquo However in interest of brevity this guidance also adopts the regulatory terminology by referring to those who are not eligible as ldquonon-covered personsrdquo
VII Understanding What it Means to Provide Priority of Service Priority of service
means that veterans and eligible spouses are given priority over non-covered persons for the receipt of employment training and placement services provided under a qualified job training program Priority means that veterans and eligible spouses are entitled to precedence over non-covered persons for services This means that a veteran or an eligible spouse either receives access to a service earlier
3
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
in time than a non-covered person or if the resource is limited the veteran or eligible spouse receives access to the service instead of or before the non-covered person
It is important to note that state and local program operators do not have the discretion to establish further priorities within the overall priority established by the regulations The Jobs for Veterans Act reserves that authority to the Secretary of Labor and it was not exercised in the current regulations For a service such as classroom training priority of service applies to the selection procedure as follows First if there is a waiting list for the formation of a training class priority of service is intended to require a veteran or eligible spouse to go to the top of that list Second priority of service applies up to the point at which an individual is both a) approved for funding and b) accepted or enrolled in a training class Therefore once a non-covered person has been both approved for funding and acceptedenrolled in a training class priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to ldquobumprdquo the non-covered person from that training class Section X of this policy guidance provides additional detail regarding the ways that priority of service applies in the context of other statutory and discretionary priorities
VIII Identifying Veterans and Eligible Spouses The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves at the point of entry to the system or program and veterans and eligible spouses must be given the opportunity to take full advantage of the priority When identifying veterans and eligible spouses One Stop Career Centers and other grantees and sub-grantees must ensure that veterans and eligible spouses are made aware of
Their entitlement to priority of service
The full array of employment training and placement services available and
Applicable eligibility requirements for programs and services
Program operators must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry Point of entry may include reception through a One Stop Career Center as part of an application process for a specific program or through any other method by which veterans and eligible spouses express an interest in receiving services either in-person or virtually Section 2 of Attachment A describes the types of interactions intended to take place between those workforce programs required to provide priority of service on the one hand and the Jobs for Veterans State Grants Program on the other hand
IX Verifying Status The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry unless the individual who self-identifies as a veteran or eligible spouse a) is to immediately undergo eligibility determination and be registered or enrolled in a program and b) the applicable federal program rules require verification of veteran or eligible spouse status at that time Even in those instances in which eligibility determination and
4
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
enrollment occur at the point of entry a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently with any required verification of his or her status as a veteran or eligible spouse For programs or services that cannot rely on self-attestation (eg classroom training) verification only needs to occur at the point at which a decision is made to commit outside resources to one individual over another In contrast the commitment of program staff effort does not require verification of status by a veteran or eligible spouse For example if a veteran or eligible spouse self-identifies program staff should be permitted to deliver any appropriate intensive services while permitting the veteran or eligible spouse to follow-up subsequently with verification of his or her status Section 1b of Attachment A provides supplementary information related to verification of veteran status for program eligibility purposes
X Applying Priority of Service The application of priority of service varies by
program depending on the eligibility requirements of the particular program Qualified job training programs fall into two basic categories universal access programs and programs that require prospective participants to meet specified eligibility criteria The first two subsections below describe how priority of service applies to these two basic types of programs
A Universal access programs For workforce programs that operate or deliver
services to the public as a whole without targeting specific groups veterans and eligible spouses must receive priority of service over all other program participants For example the primary universal access services are the ldquocorerdquo services delivered through the One-Stop system under the Wagner-Peyser and WIA programs Veterans and eligible spouses receive the first level of priority in universal access programs
B Programs with Eligibility Criteria Eligibility criteria identify basic conditions
that each and every participant in a specific program is required to meet For example for the Senior Community Service Employment Program (SCSEP) every participant is required to meet four criteria a) age 55 or over b) low-income c) resident of a designated area and d) not job-ready It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for a) enrollment in the program b) receipt of priority for enrollment in the program and c) priority for receipt of services
In addition to the eligibility criteria that all participants are required to meet some programs also have priorities that establish a rank order to be observed in enrolling or serving participants These priorities can be of two types a) statutory or b) discretionary The following two subsections provide guidance on how priority of service interacts with these two types of priorities
A Programs with Statutory Priorities Some programs are required by law to
provide a priority or preference for a particular group of individuals or require the program to spend a certain portion of program funds on a particular group of persons An example of this type of priority is the priority for low-income individuals and for recipients of public assistance for the WIA adult formula programs For programs with this type of mandatory priority program operators must determine the status of each individual veteran or eligible spouse and apply priority of service as described below
5
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
i Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest level of priority for the program or service
ii Non-covered persons who meet the programrsquos mandatory priority or spending requirement or limitation then receive the second level of priority for the program or service
iii Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation then receive the third level of priority for the program or service and
iv Non-covered persons outside the program-specific mandatory priority or spending requirement or limitation then receive the fourth level of priority for the program or service
B Programs with Discretionary Priorities Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement Non-covered persons within the discretionary targeting group then receive the second level of priority Non-covered persons outside the discretionary targeting group receive the third level of priority With respect to priority of service the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons Therefore for veterans and eligible spouses priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs ie veterans and eligible spouses first
Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities However a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities There were examples of programs of this type in the past and there may be other examples in the future It also is possible that the recent review failed to identify a specific program or service that currently includes a discretionary priority For those reasons the guidance on this topic is retained here for application by program operators as appropriate
For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities see Attachment A of this VPL In particular Section 1a of Attachment A provides specific information about how income and benefits derived from military service relate to the statutory low-income priority that applies to certain workforce programs Section 3 of Attachment A points out that the GI Bill and other education and training benefits administered by the Department of Veterans Affairs are not required to be coordinated with WIA training (ie veterans and eligible spouses cannot be required to exhaust their VA benefits prior to gaining access to WIA
6
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
training) Section 4 of Attachment A identifies the implications of priority of service for the processes of some specific workforce programs that are impacted by this requirement
XI Data Collection and Reporting Requirements The Office of Management and
Budget approved the information collection request that accompanied the priority of service regulations (OMB Control Number ndash 1205-0468) The approved reporting requirements for priority of service apply at two levels First all qualified job training programs are required to adopt the definitions for veterans and eligible spouses that appear in the regulations for their reporting on the services provided to veterans and eligible spouses and to non-covered persons Second those qualified job training programs that served at the national level an average of 1000 or more veterans per year during the three most recent years of program operation are required to implement additional reporting requirements for ldquocovered entrantsrdquo (ie veterans and eligible spouses at the point of entry to the workforce system)
Six programs currently meet the size threshold for reporting on covered entrants (1) WIA Adult (2) WIA Dislocated Worker (3) National Emergency Grants (4) Wagner-Peyser State Grants (5) Trade Adjustment Assistance (TAA) and (6) Senior Community Service Employment Program (SCSEP) Attachment C provides a look forward to the Individual Data Elements to be collected for covered entrants Attachment D provides a look forward to the Quarterly Report format to be submitted for covered entrants Additional documents related to the reporting on covered entrants and OMBrsquos approval of this requirement can be accessed at httpwwwreginfogovpublicdoPRAViewICRref_nbr=200812-1205-003
The SCSEP will begin collecting and reporting on covered entrants for Program Year 2009 For the other five programs that meet the size threshold implementation of reporting on covered entrants is temporarily deferred In response to new statutory requirements the New Trade Act Participant Report was recently developed and approved by OMB The specifications for that report include the Data Elements presented in Attachment C However the collection of covered entrant data for TAA will commence at the time of reporting implementation for the other four programs The temporary deferral of reporting on covered entrants does not relieve the five programs or any other qualified job training programs from implementing policies and procedures specifically designed to deliver priority of service to veterans and eligible spouses
XII Monitoring As stated in the Final Rule the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service Monitoring will be performed by the Veteransrsquo Employment and Training Service and the Departmental agency responsible for the qualified job training programrsquos administration and oversight
Program operators are required to ensure that priority of service is applied throughout their respective service delivery systems including service delivery points maintained by all sub-recipients It is expected that program operators will monitor local service delivery operations to ensure that their internal policies and procedures result in compliance with the priority of service requirements
XIII Action Requested Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
7
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
priority of service consistent with the Final Rule If any program operators do not have policies and procedures in place they are required to do so now
XIV Inquiries All inquiries should be addressed to the appropriate DOL agencyrsquos
regional office or to the respective DOL national office XV Attachments
Attachment A Aspects of Workforce Programs That Relate to Priority of Service Attachment B Frequently Asked Questions and Answers Attachment C Individual Record Data Elements Minimum Data Fields Attachment D Report Formats
8
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service This attachment identifies some aspects of workforce programs that are outside the direct scope of priority of service but that relate to the implementation of priority of service in an operational environment including
Program eligibility and priority of service Relevance of the Jobs for Veterans State Grants to priority of service Exclusion of VA funded training from coordination with WIA training and Implications of priority of service for other workforce programs and processes
These four topics are treated in the sections that follow 1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of service The first is the exemption of military income from consideration in determining eligibility for those programs that have a statutory requirement to serve low-income individuals The second is the verification of the status of veterans and eligible spouses that is required by some workforce programs as part of their eligibility determination and enrollment processes Both aspects are treated below
a) Exemption of Military Service-Related Income Program operators responsible for
programs that include income criteria in the eligibility rules or targeting policies (such as the WIA formula programs) should note that many types of income related to military service are not to be included when determining if a covered person meets ldquolow incomerdquo eligibility standards or targeting policies The WIA regulations (20 CFR 667255) state in accordance with 38 US Code Part 4213 that ldquoany amounts received as military pay or allowances by any person who served on active duty and certain other specified benefits must be disregarded when determining if a person is a lsquolow-income individualrsquo for eligibility purposesrdquo
All pay andor financial allowances earned while a veteran was on active duty are exempt Title 38 USC 4213 also exempts from inclusion in ldquolow incomerdquo calculations any financial benefits received by a covered person under the following Chapters of Title 38 of the US Code 11 Compensation for service-connected disability or death
13 Dependency and indemnity compensation for service-connected deaths
30 All-volunteer force educational assistance program 31 Training and rehabilitation for veterans with service-connected
disabilities 35 Survivorsrsquo and dependentsrsquo educational assistance 36 Administration of educational benefits
Also excluded from ldquolow incomerdquo calculations are benefits received under Chapter 106 of Title 10 US Code Educational assistance for members of the selected reserve In contrast to the various types of military income and benefits identified above that are exempt from inclusion in low-income calculations certain other types of military-
9
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
related income are not exempt Specifically pension payments authorized by Title 10 US Code such as those received by military retirees whether or not their retirement was based on disability are not exempt and are to be included in ldquolow incomerdquo calculations Also not exempt are pension benefits paid under Chapter 15 of Title 38 US Code
b) Verification of the Status of Veterans and Eligible Spouses As indicated in the
guidance document verification of status for veterans and eligible spouses is not required in order to provide priority of service However to the extent that the programs providing priority of service have their own requirements regarding verification of the status of veterans and eligible spouses it is a matter that relates to the effective implementation of priority of service by those programs Accordingly some preliminary guidance is provided below
The status of a veteran or an eligible spouse can be verified by referring a variety of official documents including but not limited to A DD 214 (issued following separation from active duty)
An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent
An official notice issued by the Department of Defense that documents the eligibility of an individual based on the missing or detained status of that individualrsquos active duty spouse or
An official notice issued by a State veteransrsquo service agency that documents veteran status or spousal rights provided that the State veteransrsquo service agency requires Federal documentation of that information
To mitigate the burden of establishing proof of covered person status States also may establish other means for verifying status such as electronic communication with official databases such as those maintained by State veteransrsquo service agencies provided that the organizations responsible for those sources can certify the accuracy of their records and have effective procedures for matching their records with the covered persons seeking services As indicated in the Preamble to the regulations the Department intends to issue further guidance on this matter in the future
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veteransrsquo Employment and Training Service (VETS) provides Jobs for Veterans State Grants (JVSG) to the States to support the program activities and services provided by the One-Stop Career Centers for veterans The JVSG funds support the appointment and assignment of Disabled Veteransrsquo Outreach Program (DVOP) Specialists and Local Veterans Employment Representatives (LVERs) The definitions of veterans and ldquoother eligible personsrdquo applicable to services provided by DVOP and LVER staff are different from and narrower than those which are applicable within the priority of service ldquocovered personrdquo definition (eg for veterans other than those whose service time was limited by discharge due to disability 181 days or more of active duty time is required) So the universe of individuals eligible for services by the DVOP and LVER staff is a sub-set of the broader universe of individuals entitled to priority of service by the Jobs for Veterans Act
10
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
Operators of programs subject to the priority of service regulations are strongly encouraged to establish effective linkages with the State JVSG program staff for two-way referrals of individuals for services Such linkages would be advantageous to the individuals in need of services and also to the program operators The JVSG program staff members perform case management services for veterans and other eligible persons who require intensive employability development services and also focus on employer relations activities to develop jobs for veterans and other eligible persons Another significant aspect of the JVSG program is the partnering of those specialists with the military services to provide transition services to men and women leaving active duty and returning to civilian life and involvement in Reserve and National Guard unitsrsquo de-activation activities when those personnel end their active duty stints and return to civilian life Effective linkages between those veterans program specialists and all qualified job training programs subject to the priority of service requirements would help to achieve the underlying purpose of the priority of service requirements by establishing effective means of outreach to a significant portion of the universe of covered persons and communication of information about employment and training opportunities offered in local communities by qualified job training programs
3) EXCLUSION OF VA FUNDED TRAINING FROM ldquoOTHER GRANT ASSISTANCErdquo IN
COORDINATION WITH WIA FUNDED TRAINING Section 134(d)(4)(B) of WIA as well as the WIA regulations at 20 CFR 663310 refer to the requirement to coordinate WIA funded training with ldquoother grant assistancerdquo such as Pell grants In some service delivery environments these provisions have been interpreted to mean that veterans or spouses who are eligible for the GI Bill or other forms of VA funded education or training are required to coordinate their entitlement to those benefits with their eligibility for WIA funded training In some circumstances this has been further interpreted to mean that the VA funded training entitlement must be exhausted before the veteran or spouse can be enrolled in WIA funded training VA benefits for education and training services clearly are not included in the statutory and regulatory category of ldquoother grant assistancerdquo Therefore veterans and spouses are not required to coordinate their entitlement to those benefits with any concurrent eligibility that they may have for WIA funded training (and therefore should not preclude them from receiving WIA funded services) Similarly WIA program operators may not require veterans or spouses to exhaust their entitlement to VA funded training benefits prior to allowing them to enroll in WIA funded training
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE PROGRAMS
AND PROCESSES
Below are some of the programs and processes that are impacted by priority of service
a) Unemployment Insurance Programs That Interface with Services The Worker Profiling and Reemployment Services (WPRS) program and the Reemployment and Eligibility Assessments (REA) each apply specified criteria to identify certain categories of Unemployment Insurance (UI) claimants who are required to report in-person to a service delivery location typically a One-Stop Career Center Claimants are directed to report to a specific location at a specific time and the failure to comply with the requirement to report as directed raises an issue on the claim which must be resolved This may lead to disqualification for an extended period or a determination of ineligibility for a shorter time The intent of the requirement to report is to reinforce compliance with eligibility requirements including ability to
11
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
work availability for work and actively seeking work and other requirements for eligibility
Prior guidance applicable to WPRS referred to the requirement to report as a ldquoreferralrdquo That designation implied delivery of a service which would result in the application of priority of service at this step of the call-in process This guidance clarifies that for both WPRS and the REAs the requirement to report including the written notice provided to claimants is not considered to be a service and therefore priority of service does not apply at this point in the selection process Policy guidance directs that both WPRS and REA claimants should be referred to services as appropriate thus some claimants may receive reemployment services and others may not This distinction is based both on the availability of reemployment services and on the needs of the claimant This guidance clarifies that upon reporting in-person to a service delivery location those claimants required to report under WPRS or REA who are veterans or eligible spouses are entitled to priority of referral to available reemployment services or to any other qualified job training program for which they are eligible Priority of service applies to all referrals to any qualified job training program(s) for which a veteran or eligible spouse is eligible regardless of the organizational affiliation or funding source of the staff members who come into contact with claimants who are veterans or eligible spouses at the service delivery location In addition upon referral to a qualified job training program the priority of service requirement includes priority for enrollment in the program as well as priority for participation in the full range of services available through the program
b) One-Stop Career Center Services Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and materials State and local boards must immediately assess their current operations for compliance purposes and improvement opportunities if they have not already done so
c) National Programs National programs that statutorily target certain segments of the
population must ensure the implementation of the principles outlined in this guidance in order to assure that the dual intentions of Congress - service to targeted population(s) and priority of service to veterans and eligible spouses - are simultaneously accomplished
d) Self-Service Tools Any informational or service delivery Web site developed with
funding from a qualified job training program or grant will be expected to provide information on priority of service for veterans and eligible spouses and how to access assistance from any applicable program or grant via the nearest One Stop Career Center It is important to note that self-service instructions will be expected to go beyond mention of or referral to Local Veteransrsquo Employment Representatives and Disabled Veteransrsquo Outreach Program specialists
12
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference the questions and answers have been arranged according to the following broad categories
Definitions Point of Entry Technical Assistance and Guidance Monitoring Promising Practices Applicability to Existing Priorities Data Collection and Reporting Miscellaneous
For ease of tracking and reference questions and answers have been numbered sequentially Definitions
Q1 For determining eligibility for priority of service why does the Labor Department (USDOL) require covered program operators to use a relatively broad definition of ldquoveteranrdquo rather than the more narrow definition that has been in use for many years by State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser State Grants
A1 The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a ldquocovered personrdquo set forth in 38 USC 4215(a)(l)(A) and review of the legislative history indicated that the Congress intended that a broad definition of veteran be applied with regard to priority of service in programs subject to the JVA The pre-existing statutory definition of a ldquoveteranrdquo that most closely conforms to the implied definition in the JVA is the definition that appears in Section 101 (2) of Title 38 US Code and that essentially is what the Final Rule sets forth
Q2 To be considered an ldquoeligible veteranrdquo must an individual have to have served overseas or in a combat zone
A2 No the statute does not limit eligibility on the basis of where a person served on active duty
Q3 Must an individual have an ldquohonorablerdquo discharge in order to be considered an ldquoeligible veteranrdquo
A3 No Only a discharge clearly categorized as ldquodishonorablerdquo would bar a veteran from eligibility for this benefit
Q4 Why not develop a uniform definition of ldquoveteranrdquo for all USDOL-funded employment and training programs
A4 The authorizing legislation for each program as amended by subsequent statutes limits the Departmentrsquos authority to establish a uniform definition of ldquoveteranrdquo The Jobs for Veterans Act does not authorize the Department to establish a uniform definition of ldquoveteranrdquo for all programs
Q5 Are there any time limits pertaining to re-marriage following the death of a veteran
13
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
that affect the eligibility of a widow(er) to be considered a ldquocovered personrdquo
A5 The priority of service statute does not include a disqualification clause pertaining to re-marriage by a widow or widower
Q6 Among those eligible spouses whose eligibility is derived from a deceased veteran (widows or widowers) why do the Federal Regulations limit eligibility for priority of service to the two specific types of ldquoeligible spousesrdquo identified
A6 The Jobs for Veterans Act is explicit in citing the two categories of widows or widowers who are considered to be ldquoeligible spousesrdquo they are persons who were spouses of veterans who succumbed due to a service-connected disability or who succumbed while a total service-connected disability (meaning 100 disabled as rated by the Department of Veterans Affairs) was in existence whether or not that disability was the cause of death
Q7 Some Federal employment and training programs typically operative in One Stop centers eg the Jobs for Veterans State Grants and Wagner-Peyser funded programs require that priority for veterans be delivered on a tiered basis that is service-connected disabled veterans rated 30 or more receive the highest priority then other service-connected disabled veterans and so on Are the other USDOL-funded employment and training programs supposed to make such distinctions in their implementation of the priority of service requirements
A7 No the statute does not require nor does the Department expect recipients to make such distinctions within the universe of veterans eligible spouses for priority of service
Point of Entry
Q8 How will veterans and eligible spouses be identified in a self-registration system
A8 Entities that provide services funded by USDOL programs covered by these regulations are required to have user-friendly processes by which individuals at the point of entry to the service system can identify themselves as veterans and eligible spouses eligible for priority of service The USDOL will not prescribe how that is to be done However program operators are reminded that self-registration systems are not to require veterans to produce documents (eg a DD-214 Discharge Form) to verify their status at this stage unless the point of entry is also the point at which program eligibility determination and registration or enrollment also takes place
Technical Assistance and Guidance
Q9 Will the Veteransrsquo Employment and Training Service (VETS) and the Employment and Training Administration (ETA) issue joint policy andor implementation guidance on behalf of USDOL
A9 The Federal Regulations at 20 CFR Part 1010 that became effective on January 19 2009 articulate a considerable body of USDOL policy guidance The USDOL VETS and ETA agencies have established a formal inter-agency workgroup to develop and issue implementation guidance and technical assistance regarding priority of service requirements and concepts
Monitoring
Q10 Do recipients have administrative responsibilities related to the delivery of priority of service to veterans and eligible spouses in addition to requirements to promulgate policies and plans applicable to program operations at their own service delivery points and those of
14
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
sub-recipients of USDOL funds
A10 Yes recipients of USDOL funds are required to implement effective internal controls to ensure that priority of service policies and procedures are carried out at all program service delivery points
Ql1 How will the ldquojoint monitoringrdquo by the USDOL VETS and ETA agencies required by the regulations be coordinated and implemented
A11 Joint monitoring by the VETS and ETA has already begun with VETS staff having been added to the teams carrying out the ETA-administered review and approval processes of State Plans for the coming yearrsquos WIA and Wagner-Peyser programs The two agencies also are currently in discussions regarding the development of appropriate monitoring policies and procedures consistent with sect1010240 When established these will be communicated to the ETA and VETS staff as well as to USDOL-funded program operators
Promising Practices
Q12 Will USDOL provide examples of effective implementation of priority of service for veterans and eligible spouses at the programlocal levels
A12 The inter-agency workgroup is currently in the process of compiling descriptions of ldquobestrdquo or promising program models and practices and will begin making them available to interested members of the public through various media
Q13 Will the USDOL provide examples of state policies andor procedures that could be used as a starting point for developing state guidance that may not have previously existed
A13 The inter-agency workgroup is currently in the process of compiling applicable state policies and will disseminate them
Applicability of Veteransrsquo Priority of Service to Existing Priorities
Q14 Reportedly some states and local program operators have interpreted the WIA requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public assistance recipients and other low-income individuals should receive priority for WIA intensive and training services to mean that the priority for veterans and eligible spouses is secondary to that priority Is that the correct interpretation of the statute
A14 No the priority of service requirement for veterans and other eligible persons is not secondary A veteran or eligible spouse must meet the statutory eligibility requirements(s) applicable to the specific program from which services are sought So for those programs that also have statutory priorities or preferences pursuant to a Federal statute or regulation the program service providers must coordinate providing priority of service to veterans and other eligible persons with the application of those other priorities as prescribed in paragraphs (b)(2) and (b)(3) of Section 101031 of the regulations and as explained in Section X of VPL 07-09
For the WIA Adult Program which has statutory targeting of public assistance recipients and other low-income individuals program operators are to implement priority of service in the following order (l) program-eligible veterans and eligible spouses who are public assistance recipients or who meet the income requirements for the area would receive the highest priority for the program (2) program-eligible individuals who are not covered persons who
15
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
are public assistance recipients or who meet the income requirements for the area would receive the second-highest priority for the program and (3) veterans and eligible spouses not on public assistance or whose income exceeds the ldquolow incomerdquo standards for the area would receive priority over any individuals with comparable eligibility who are not covered persons
Q15 What if a covered person eligible for priority of service is not interested (or otherwise suited) in participating in any of the training or employability development programs funded by the program operator in a particular area--is that covered person entitled by the ldquopriority of servicerdquo statute to be provided a training program customized for him or her
A15 The question implies that the JVA might confer to veterans and eligible spouses an entitlement similar to the entitlement conferred to service-connected disabled veterans by Chapter 31 of Title 38 of the US Code for vocational rehabilitation program participation The Department does not believe that the Jobs for Veterans Act provides such a broad entitlement to veterans and eligible spouses in USDOL-funded programs However States and local Workforce Investment Boards are not precluded by any rules from extending that degree of priority to any segment of the covered person universe
Data Collection and Reporting
Q16 What is the status of the Information Collection Request or ICR and associated reporting instructions
A16 Those programs that served less than 1000 veterans per year at the national level on average for the past three years are not required to report on covered entrants but are required by the ICR to adopt the definitions in the regulations for veterans and eligible spouses when their reporting systems next come due for approval by the Office of Management and Budget (OMB) For five of the six programs that are required by the ICR to report on covered entrants (WIA Adult WIA Dislocated Worker WIA National Emergency Grants Trade Adjustment Assistance and Wagner-Peyser State Grants) the implementation of data collection and reporting on covered entrants was intended to be concurrent with the implementation of the proposed Workforce Investment Streamlined Performance Reporting System (WISPR) Since the implementation of WISPR has been postponed the implementation of the data collection and reporting on covered entrants also has been delayed ETA and VETS are currently conferring with OMB to identify next steps with regard to the implementation of streamlined reporting in general and reporting on covered entrants in particular At this time reporting on covered entrants has been waived for PY 2009 for the five programs identified above The sixth program required to report on covered entrants the Senior Community Service Employment Program is implementing that reporting for PY 2009 In the meantime ETA and VETS may supplement the information that can be collected with currently available systems through other means such as sampling and on-site monitoring to help ensure that veterans and eligible spouses are receiving priority for publicly-funded workforce services
Miscellaneous
Q17 Can the income of veterans (such as disability pension benefits or lump-sum payments at time of separation for unused leave) be disregarded by WIA grant recipients and sub-recipients during eligibility determinations which might enable younger veterans who are entitled to priority of service to take advantage of the increased age limit in the
16
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
17
WIA youth program (from 14-24 instead of 14-21) for the purpose of implementing the American Recovery and Reemployment Act
A17 Yes As explained in Section 1a of Attachment A to VPL 07-09 income earned while on active military duty andor financial benefits received by veterans and eligible spouses under a variety of authorized programs cannot be included in calculations of income for USDOL-funded programs which have income ceilings as criteria either for program eligibility or targeting
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- 18 -
ATTACHMENT C
Individual Record Data Elements Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No Data Element
Name Data Type Field
Length
Data Element DefinitionsInstructions Code Value
01 Covered Entrant Identifier
AN 12 Record the unique identifier used for the covered entrant (ie an assigned numeric ID other than an SSN)
XXXXXXXXXXXX
02 Covered Person Entry Date
DT 8 Record the date on which the covered person first made contact with the workforce system either at a physical location or through an electronic resource
YYYYMMDD
03 Date 45 Days Following Covered Person Entry Date
DT 8 Record the date that falls 45 days following the Covered Person Entry Date
YYYYMMDD
04 Covered Person Status
IN 1 Record 1 if the entrant served in the active military naval or air service and was discharged or released therefrom under conditions other than dishonorable Record 2 if the entrant is the spouse of any of the following individuals (a) Any veteran who died of a service-connected disability (b) Any veteran who has a total disability resulting from a service-connected disability (c) Any veteran who died while a disability so evaluated was in existence or (d) Any member of the Armed Forces serving on active duty who at the time of the spousersquos entry is listed pursuant to section 556 of title 37 and regulations issued thereunder by the Secretary of Defense in one or more of the following categories and has been so listed for a total of more than 90 days (i) missing in action (ii) captured in line of duty by a hostile force or (iii) forcibly detained or interned in line of duty by a foreign government or power
1 = Veteran 2 = Eligible Spouse 3 = Not a Covered Person
05 Date of Birth DT 8 Record the covered entrants date of birth YYYYMMDD 06 Gender IN 1 Record 1 if the covered entrant indicates that he is male
Record 2 if the covered entrant indicates that she is female If the covered entrant does not self-identify gender leave ldquoblankrdquo or record 0
1 = Male 2 = Female
07 Individual with a Disability
IN 1 Record 1 if the covered entrant indicates that heshe has any disability as defined in Section 3(2)(a) of the Americans with Disabilities Act of 1990 (42 USC 12102) Under that definition a disability is a physical or mental impairment that substantially limits one or more of the persons major life activities (For definitions and examples of physical or mental impairment and major life activities see paragraphs (1) and (2) of the definition of the term disability in 29 CFR 374 the definition section of the WIA non-discrimination regulations) Record 2 if the covered entrant indicates that heshe does not have a disability that meets the definition If the covered entrant does not wish to disclose hisher disability status leave blank or Record 0
1 = Yes 2 = No
08 Race American Indian or Alaska Native
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of North America and South America (including Central America) and who maintains cultural identification through tribal affiliation or community recognition If the covered entrant does not self-identify hisher race as American Indian or Alaska Native leave blank or Record 0
1 = Yes
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- 19 -
09 Race Asian IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of the Far East Southeast Asia or the Indian Subcontinent (eg India Pakistan Bangladesh Sri Lanka Nepal Sikkim and Bhutan) This area includes for example Cambodia China Japan Korea Malaysia Pakistan the Philippine Islands Thailand and Vietnam If the covered entrant does not self-identify hisher race as Asian leave blank or Record 0
1 = Yes
10 Race Black or African American
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the black racial groups of Africa If the covered entrant does not self-identify hisher race as Black or African American leave blank or Record 0
1 = Yes
11 Race Hawaiian Native or other Pacific Islander
IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Hawaii Guam Samoa or other Pacific Islands If the covered entrant does not self-identify hisher race as Hawaiian Native or Other Pacific Islander leave blank or Record 0
1 = Yes
12 Race White IN 1 Record 1 if the covered entrant indicates that heshe is a person having origins in any of the original peoples of Europe the Middle East or North Africa If the covered entrant does not self-identify hisher race as White leave blank or Record 0
1 = Yes
13 Ethnicity HispanicLatino
IN 1 Record 1 if the covered entrant indicates that heshe is a person of Cuban Mexican Puerto Rican South or Central American or other Spanish culture in origin regardless of race Record 2 if the covered entrant indicates that heshe does not meet any of these conditions If the covered entrant does not wish to respond leave blank or Record 0
1 = Yes 2 = No
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the workforce system For example the State of Alabama would be represented as AL
XX
15 ETA-Assigned Local Workforce BoardStatewide Code
IN 4 If the covered entrant first made contact with the workforce system at a physical location record the 4-digit ETA-assigned Local BoardStatewide code where the entrant first made contact with the workforce system If the covered entrant only received remote or virtual self-service or informational activities Record 9999 to indicate statewidevirtual office Record 0 or leave blank if not known
0000
16 Date of Participation DT 8 Record the date on which the covered entrant received a service either at a physical location or through an electronic resource
YYYYMMDD
17 Date Received Staff Assisted Core Service
DT 8 Record the date on which the individual received hisher first staff assisted core service (excluding self-service and informational activities) Otherwise leave blank if the individual did not receive staff assisted core services
YYYYMMDD
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- 20 -
ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Quarter
Cumulative Four
Quarters 1 Covered Entrants Who Reached the End of the Entry Periodi 2 Covered Entrants Who Received a Service During the Entry Period ii 3 Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii Report Definitions i Covered Entrants Who Reached the End of the Entry Period ndash This count includes all those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods Classification as a covered entrant occurs at the earliest point that a covered person contacts the system in either a physical location (eg One-Stop Career Center or affiliate site) or remotely through electronic technologies Designation as a covered entrant occurs prior to receipt of a service The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the covered person entry date ii Covered Entrants Who Received a Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period A covered entrant who receives a service becomes a participant that is an individual who is determined eligible to participate in the program (to the extent the program has eligibility requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic technologies iii Covered Entrants Who Received a Staff-Assisted Service During the Entry Period ndash This count includes those covered entrants for whom the entry period ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls within the entry period
- Veterans POS Directive-final word doc
- LACOD-WIA11-04 Protocol for Implementing the Veterans Priority of Service
-
- Insert from 5-VPL_07-09_amp_Attachments_A-Dpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
- VPL_07-09AttachmentApdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentBpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentCpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-
- VPL_07-09AttachmentDpdf
-
- Definitions
- Point of Entry
- Applicability of Veteransrsquo Priority of Service to Existing Priorities
- Data Collection and Reporting
-